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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. 107

Friday, June 4, 1999

Agriculture Department RULES See Animal and Plant Health Inspection Service Federal Acquisition Regulation (FAR): See Commodity Credit Corporation Review of FAR representations See Forest Service Correction, 30103 See Natural Resources Conservation Service NOTICES See Rural Utilities Service Agency information collection activities: Submission for OMB review; comment request, 29996– Animal and Plant Health Inspection Service 29997 RULES Meetings: Exportation and importation of animals and animal Gulf War chemical and biological incidents products: investigations; special oversight board, 29997 Ports of entry— Drug Enforcement Administration New Jersey and New York; ports designated for NOTICES exportation of horses, 29947–29949 Applications, hearings, determinations, etc.: Blind or Severely Disabled, Committee for Purchase From Hill, Lawrence C., M.D., 30060–30063 People Who Are Melgarejo, Pablo E., M.D., 30063 See Committee for Purchase From People Who Are Blind or Neil Laboratories, Inc., 30063–30064 Severely Disabled Education Department NOTICES Centers for Disease Control and Prevention Agency information collection activities: NOTICES Proposed collection; comment request, 29998 Meetings: Submission for OMB review; comment request, 29998– Disease, Disability, and Injury Prevention and Control 29999 Special Emphasis Panel, 30036–30037 Committees; establishment, renewal, termination, etc.: Institutional Quality and Integrity National Advisory Commerce Department Committee; correction, 30103 See Export Administration Bureau Grants and cooperative agreements; availability, etc.: See Foreign-Trade Zones Board Underground Railroad Educational and Cultural Program, See International Trade Administration 30209–30211 See National Oceanic and Atmospheric Administration Privacy Act: Systems of records, 30105–30191 Committee for Purchase From People Who Are Blind or Severely Disabled Employment Standards Administration NOTICES NOTICES Procurement list; additions and deletions, 29991–29992 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, Commodity Credit Corporation 30064–30067 NOTICES Organization, functions, and authority delegations: Energy Department Bylaws of Corporation, 29987–29989 See Federal Energy Regulatory Commission Commodity Futures Trading Commission Environmental Protection Agency RULES RULES Foreign futures and options transactions: Air pollutants, hazardous; national emission standards: Representations and dislosures required by introducing Primary lead smelting, 30193–30208 brokers, commodity pool operators, and commodity Air programs; approval and promulgation; State plans for trading advisors designated facilities and pollutants: Correction, 30103 Florida, 29961–29964 Air quality implementation plans; approval and Corporation for National and Community Service promulgation; various States: NOTICES Alabama, 29958–29961 Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 29996 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Customs Service Florida, 29976–29977 PROPOSED RULES Air quality implementation plans; approval and Vessels in foreign and domestic trades: promulgation; various States: Foreign repairs to U.S. vessels, 29975–29976 Alabama, 29976 NOTICES Defense Department Agency information collection activities: See Navy Department Proposed collection; comment request, 30011–30024

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Environmental statements; availability, etc.: Federal Highway Administration Agency statements— NOTICES Comment availability, 30025 Environmental statements; notice of intent: Weekly receipts, 30024 Chemung County, NY, 30096 Superfund; response and remedial actions, proposed settlements, etc.: Federal Reserve System Transport One Acid Spill Site, KY, 30025–30026 NOTICES Banks and bank holding companies: Executive Office of the President Change in bank control, 30028 See Trade Representative, Office of United States Formations, acquisitions, and mergers, 30029 Correction, 30028–30029 Export Administration Bureau Meetings; Sunshine Act, 30029–30030 RULES Export administration regulations: Federal Retirement Thrift Investment Board Chemical Weapons Convention; implementation NOTICES Correction, 30103 Meetings; Sunshine Act, 30030

Federal Aviation Administration Federal Trade Commission PROPOSED RULES NOTICES Airworthiness directives: Premerger notification waiting periods; early terminations, American Champion Aircraft Corp., 29969–29975 30030–30036 Dassault, 29966–29969 Pratt & Whitney, 29965–29966 Federal Transit Administration NOTICES Federal Communications Commission Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 30096–30097 Radio stations; table of assignments: Florida, 29980 Iowa, 29978–29979 Fish and Wildlife Service Nebraska, 29978 PROPOSED RULES New Mexico, 29977 Endangered and threatened species: Oklahoma, 29977 Findings on petitions, etc.— Tennessee, 29979–29980 Black-tailed prairie dog, 29983 Wyoming, 29979 NOTICES Television stations; table of assignments: Meetings: Utah, 29980–29981 Aquatic Nuisance Species Task Force, 30056 NOTICES Agency information collection activities: Food and Drug Administration Proposed collection; comment request, 30026–30027 RULES Submission for OMB review; comment request, 30027 Food additives: Meetings; Sunshine Act, 30027–30028 Sucrose acetate isobutyrate, 29949–29958 NOTICES Federal Deposit Insurance Corporation Agency information collection activities: NOTICES Proposed collection; comment request, 30037–30038 Meetings; Sunshine Act, 30028 Food additive petitions: Witco Corp., 30038 Federal Election Commission Reports and guidance documents; availability, etc.: NOTICES FDA and health authorities of Switzerland; agreed Meetings; Sunshine Act, 30028 minutes of meeting, 30038–30040 Human pregnancy outcome data evaluation, 30040–30041 Pregnancy registries; establishment, 30041 Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Foreign-Trade Zones Board Wyoming Interstate Co., Ltd., 30009–30010 NOTICES Environmental statements; notice of intent: Applications, hearings, determinations, etc.: CNG Transmission Corp., 30010–30011 California, 29993 Applications, hearings, determinations, etc.: Idaho, 29993 Jupiter Energy Corp., 29999 Washington, 29993–29994 MEP Investments, L.L.C., et al., 29999–30000 Natural Gas Pipeline Co. of America, 30000–30001 Forest Service Pacific Gas & Electric Co., 30001 NOTICES PacifiCorp, 30001 Environmental statements; notice of intent: PG&E Gas Transmission-Northwest, 30001 Lewis and Clark and Helena National Forests, MT, Southern Company Services, Inc., et al., 30001–30009 29989–29991 TransColorado Gas Transmission Co.; correction, 30103 Meetings: Trunkline Gas Co., 30009 California Coast Provincial Advisory Committee, 29991

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General Services Administration Justice Department RULES See Drug Enforcement Administration Federal Acquisition Regulation (FAR): See Immigration and Naturalization Service Review of FAR representations Correction, 30103 Labor Department See Employment Standards Administration Health and Human Services Department See Labor Statistics Bureau See Centers for Disease Control and Prevention Labor Statistics Bureau See Food and Drug Administration See Health Care Financing Administration NOTICES See Health Resources and Services Administration Agency information collection activities: See National Institutes of Health Proposed collection; comment request, 30067–30068 See Substance Abuse and Mental Health Services Land Management Bureau Administration NOTICES NOTICES Agency information collection activities: Meetings: Submission for OMB review; comment request, 30056– Vital and Health Statistics National Committee, 30036 30057 Organization, functions, and authority delegations: Meetings: Substance Abuse and Mental Health Services Resource Advisory Councils— Administration, 30036 Southwest, 30057 Opening of public land: Health Care Financing Administration New Mexico, 30057 NOTICES Realty actions; sales, leases, etc.: Agency information collection activities: Montana, 30057 Proposed collection; comment request, 30042 Survey plat filings: Meetings: Florida, 30057–30058 Respiratory assist devices; payment classification, 30042– Withdrawal and reservation of lands: 30043 Montana; correction, 30058 New Mexico; correction, 30058 Health Resources and Services Administration NOTICES Merit Systems Protection Board Agency information collection activities: NOTICES Submission for OMB review; comment request, 30043 Privacy Act: Systems of records, 30068–30069 Housing and Urban Development Department NOTICES National Aeronautics and Space Administration Grants and cooperative agreements; availability, etc.: RULES Facilities to assist homeless— Federal Acquisition Regulation (FAR): Excess and surplus Federal property, 30048–30056 Review of FAR representations Correction, 30103 Immigration and Naturalization Service RULES National Highway Traffic Safety Administration Nonimmigrant classes: NOTICES Status adjustment; H-1 and L-1 status applicants; Highway safety programs; breath alcohol testing devices: continued validity of nonimmigrant status, unexpired Model specifications and conforming products list— employment authorization, and travel authorization Evidential breath devices, 30097–30100 Correction, 30103 Motor vehicle defect proceedings; petitions, etc.: Halas, Mary; petition denied, 30100–30101 Interior Department National Institutes of Health See Fish and Wildlife Service NOTICES See Land Management Bureau Meetings: National Cancer Institute, 30043–30044 Internal Revenue Service National Heart, Lung, and Blood Institute, 30044 NOTICES National Institute of Allergy and Infectious Diseases, Agency information collection activities: 30045–30046 Proposed collection; comment request, 30101–30102 National Institute of Child Health and Human Development, 30044–30045 International Trade Administration National Institute of Dental and Craniofacial Research, NOTICES 30045 Export trade certificates of review, 29994 National Institute on Drug Abuse, 30046 Scientific Review Center, 30046–30048 International Trade Commission NOTICES National Oceanic and Atmospheric Administration Import investigations: PROPOSED RULES Beer products, 30058–30059 Fishery conservation and management: Nitrile rubber from— Atlantic highly migratory species— Korea, 30059–30060 Atlantic bluefin tuna, 29984–29986

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NOTICES Surface Transportation Board Permits: NOTICES Exempted fishing, 29994–29995 Railroad operation, acquisition, construction, etc.: Grand Trunk Western Railroad Inc., 30101 Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Tennessee Valley Authority Sergeant Major Creek Watershed, OK, 29991 NOTICES Environmental statements; availability, etc.: Navy Department Shoreline management intiative; assessment of residential NOTICES shoreline development impacts in Tennessee Valley, Inventions, Government-owned; availability for licensing, 30092–30094 29997 Patent licenses; non-exclusive, exclusive, or partially Trade Representative, Office of United States exclusive: NOTICES John Crane Marine USA, 29997 World Trade Organization: Germany; compliance with Basic Telecommunications Office of United States Trade Representative Agreement; comment request, 30094–30095 See Trade Representative, Office of United States Public Health Service Transportation Department See Centers for Disease Control and Prevention See Federal Aviation Administration See Food and Drug Administration See Federal Highway Administration See Health Resources and Services Administration See Federal Transit Administration See National Institutes of Health See National Highway Traffic Safety Administration See Substance Abuse and Mental Health Services See Surface Transportation Board Administration NOTICES Meetings: Rural Utilities Service Risk assessment public forum, 30095–30096 RULES Water and waste loans and grants: Treasury Department Agriculture, Rural Development, Food and Drug See Customs Service Administration and Related Agencies Appropriations See Internal Revenue Service Act; implementation, 29945–29947 Securities and Exchange Commission Veterans Affairs Department NOTICES PROPOSED RULES Agency information collection activities: Acquisition regulations: Proposed collection; comment request, 30069 Simplified acquisition procedures, 29981–29983 Investment Company Act of 1940: Deregistration applications— Alameda-Contra Costa Medical Association et al., Separate Parts In This Issue 30076–30077 Self-regulatory organizations; proposed rule changes: Depository Trust Co., 30077–30078 Part II Municipal Securities Rulemaking Board, 30078–30081 Department of Education, 30105–30191 National Association of Securities Dealers, Inc., 30081– 30088 Part III New York Stock Exchange, Inc., 30088–30091 Environmental Protection Agency, 30193–30208 Options Clearing Corp., 30091–30092 Applications, hearings, determinations, etc.: Part IV Mentor Variable Insurance Portfolios et al., 30069–30075 Department of Education, 30209–30211 Public utility holding company filings, 30075–30076 Substance Abuse and Mental Health Services Administration Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Meetings: phone numbers, online resources, finding aids, reminders, SAMHSA special emphasis panels, 30048 and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

7 CFR 1780...... 29945 8 CFR 214...... 30103 9 CFR 91...... 29947 14 CFR Proposed Rules: 39 (4 documents) ...... 29965, 29966, 29969, 29972 15 CFR 774...... 30103 17 CFR 30...... 30103 19 CFR Proposed Rules: 4...... 29975 159...... 29975 21 CFR 172...... 29949 40 CFR 52...... 29958 62...... 29961 63...... 30194 Proposed Rules: 52...... 29976 62...... 29976 47 CFR Proposed Rules: 73 (9 documents) ...... 29977, 29978, 29979, 29980 48 CFR 52...... 30103 Proposed Rules: 808...... 29981 812...... 29981 813...... 29981 852...... 29981 853...... 29981 50 CFR Proposed Rules: 17...... 29983 635...... 29984

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Rules and Regulations Federal Register Vol. 64, No. 107

Friday, June 4, 1999

This section of the FEDERAL REGISTER Therefore, the Office of Management not have a significant economic impact contains regulatory documents having general and Budget (OMB) has not been on a substantial number of small applicability and legal effect, most of which reviewed by OMB. entities. The amendments reflect only are keyed to and codified in the Code of statutory changes that Congress has National Environmental Policy Act Federal Regulations, which is published under mandated and over which the Agency 50 titles pursuant to 44 U.S.C. 1510. Certification has no discretion. They also involve The Code of Federal Regulations is sold by This action has been reviewed under minimal procedural matters on other the Superintendent of Documents. Prices of 7 CFR Part 1940, Subpart G, agreements already negotiated. Environmental Program. It has been new books are listed in the first FEDERAL Executive Order 12372 REGISTER issue of each week. determined that the action does not constitute a major Federal action The water and waste loan and grant significantly affecting the quality of the program is listed in the Catalog of DEPARTMENT OF AGRICULTURE human environment. An Environmental Federal Domestic Assistance under Impact Statement is not required under number 10.760, Water and Waste Rural Utilities Service the National Environmental Policy Act Disposal Systems For Rural of 1969. Communities. The program is subject to 7 CFR Part 1780 the provisions of Executive Order Executive Order 12988 RIN 0572±AB44 12372, which requires This rule has been reviewed under intergovernmental consultation with Water and Waste Program Regulations Executive Order 12988, Civil Justice State and local officials. Consultation Reform. RUS has determined that this will be completed at the time of the AGENCY: Rural Utilities Service, USDA. rule meets the applicable standards action performed. ACTION: Final rule. provided in section 3 of the Executive Background SUMMARY: The Rural Utilities Service Order. (RUS) amends the rules used to In accordance with the Executive It is the policy of this Department that administer the water and waste loan and Order and the rule: (1) all state and local rules relating to public property, loans, grant programs. This action implements laws and regulations that are in conflict grants, benefits, or contracts shall be published for comment although 5 provisions of the Agriculture, Rural with this rule will be preempted; (2) no U.S.C. 553 exempts such rules from Development, Food and Drug retroactive effect will be given to the publication. Good cause is found for not Administration and Related Agencies rule; and (3) administrative appeal requiring notice and comment before Appropriations Act, 1999 (Act). The Act procedures, if any, must be exhausted making this rule effective. reduces the amount of funds that a rural before litigation against the Department or its agencies may be initiated in These amendments are not published or native Alaskan village applicant must for proposed rulemaking because they contribute from 50 percent to 25 percent accordance with section 212(e) of the Department of Agriculture merely reflect changes in statutory of the project development costs. authority enacted by the Agriculture, Additionally, it removes the population Reorganization Act of 1994 (7 U.S.C. 6912). Rural Development, Food and Drug eligibility requirement that expired Administration and Related Agencies September 30, 1998, for certain timber- Information Collection and Appropriations Act, 1999 (Act). They dependent communities in the Pacific Recordkeeping Requirements also make only minor technical Northwest. This action also includes an The Office of Management and Budget corrections to the regulations, which do increase in the administrative fee that (OMB) has approved the reporting and not involve matters of agency discretion. the Appalachian Regional Commission recordkeeping requirements contained The Act leaves no discretion to the pays to USDA to administer grants for in the rule under the Paperwork agency as to the local share of project projects in which USDA has provided Reduction Act of 1995 (44 U.S.C. costs the rural and native Alaskan no funds and makes other technical chapter 35). OMB has assigned village applicants must contribute. corrections. The intended effect is to clearance number 0575–0115. Notice and public comment, therefore, make 7 CFR part 1780 current with are impractical, unnecessary, and statutory authority. Unfunded Mandates contrary to the public interest. EFFECTIVE DATE: June 4, 1999. This rule contains no Federal The Act amends section 306D of the FOR FURTHER INFORMATION CONTACT: mandates (under the regulatory Consolidated Farm and Rural Cheryl Francis, Loan Specialist, Water provisions of Title II of the Unfunded Development Act (7 U.S.C. 1926d) by and Waste Division, Rural Utilities Mandates Reform Act of 1995) for State, inserting ‘‘25 percent’’ instead of Service, USDA, South Agriculture local, and tribal governments or the ‘‘equal’’ in subsection (b). Section 306D Building, Room 2239, STOP 1570, private sector. Thus, this rule is not authorizes the Secretary of Agriculture Washington, DC 20250, telephone: (202) subject to the requirements of sections to make grants for the benefit of rural or 720–9589. 202 and 205 of the Unfunded Mandates native villages in the State of Alaska. SUPPLEMENTARY INFORMATION: Reform Act. This amendment reduces the percentage of matching funds that must be Executive Order 12866 Regulatory Flexibility Act Certification provided from non-Federal sources to This final rule has been determined to Under section 605(b) of the 25 percent. be not significant under Executive Order Regulatory Flexibility Act, 5 U.S.C. This final rule deletes the temporary 12866, Regulatory Planning and Review. 605(b), RUS certifies that this rule will expansion of eligibility of certain

VerDate 06-MAY-99 08:33 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\A04JN0.028 pfrm07 PsN: 04JNR1 29946 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations timber-dependent communities in the area is more than 100 percent of the 6. Revise § 1780.45(a)(2) to read as Pacific Northwest. Public Law 103–427 nonmetropolitan median household follows: expanded the maximum population income of the State; eligibility for RUS water and waste § 1780.45 Loan and grant closing and * * * * * delivery of funds. loans and grants from 10,000 to 25,000 inhabitants if the cities or towns met Subpart BÐLoan and Grant (a) * * * certain criteria. This change in Application Processing (2) RUS Bulletins 1780–27, ‘‘Loan eligibility expired on September 30, Resolution (Public Bodies),’’ or 1780– 1998, and is being removed from the 4. Revise § 1780.35(c) to read as 28, ‘‘Loan Resolution Security regulations. follows: Agreement,’’ will be adopted by public and other-than-public bodies. These On August 24, 1998, USDA and the § 1780.35 Processing office review. Appalachian Regional Commission resolutions supplement other provisions * * * * * in this part. (ARC) updated the Memorandum of (c) User charges. The user charges * * * * * Agreement (MOA) that establishes a should be reasonable and produce working partnership to serve the needs 7. Revise § 1780.48(b) introductory enough revenue to provide for all costs text to read as follows: of Appalachian communities. This of the facility after the project is MOA increases the fee that ARC pays complete. The planned revenue should § 1780.48 Regional commission grants. USDA for administering grants to be sufficient to provide for all debt Appalachian communities on behalf of * * * * * service, debt reserve, operation and (b) When RUS has no loan or grant ARC. The fee increase will better reflect maintenance, and, if appropriate, the present cost in administering the funds in the project, an administrative additional revenue for facility charge will be made pursuant to the grants. replacement of short-lived assets The fee had been calculated as 5 Economy Act of 1932 (31 U.C.S. 1535). without building a substantial surplus. percent of the first $50,000 of an ARC A fee of 5 percent of the first $100,000 Ordinarily, the total debt service reserve grant and 1 percent of any amount over of a regional commission grant and 1 will be equal to one average annual loan $50,000. The MOA increases the ARC percent of any amount over $100,000 installment which will accumulate at grant amount on which the percentages will be paid to RUS by the commission. the rate of one-tenth of the total each are based from $50,000 to $100,000. The * * * * * year. fees will increase to 5 percent of the first 8. In § 1780.49, paragraphs (c)(4) and 5. In § 1780.39, paragraphs (e)(2) and $100,000 of an ARC grant plus 1 percent (d) are revised to read as follows: (f) introductory text are revised to read of any amount over $100,000. as follows: § 1780.49 Rural or Native Alaskan villages. The final rule also makes some minor technical corrections to the regulations § 1780.39 Application processing. * * * * * to correct deficiencies that have (c) * * * * * * * * (4) The applicant must obtain 25 surfaced since the regulation was (e) * * * published June 19, 1997 (62 FR 33462). percent of project development costs (2) Other than general obligation or from State or local contributions. The The changes are mostly grammatical special assessment bonds. Each and eliminate obsolete form references. local contribution can be from loan borrower will be required to establish funds authorized under this part. List of Subjects in 7 CFR Part 1780 and maintain reserves sufficient to (d) Grant amount. Grants will be assure that loan installments will be Business and industry, Community made for up to 75 percent of the project paid on time, for emergency development, Community facilities, development costs. maintenance, for extensions to facilities, Grant programs-housing and community * * * * * and for replacement of short-lived assets development, Reporting and which have a useful life significantly recordkeeping requirements, Rural Subpart CÐPlanning, Designing, less than the repayment period of the areas, Waste treatment and disposal, Bidding, Contracting, Constructing loan. Borrowers issuing bonds or other Water supply, Watersheds. and Inspections evidences of debt pledging facility Therefore, the Rural Utilities Service revenues as security will plan their debt 9. Revise § 1780.55 to read as follows: amends 7 CFR chapter XVII as follows: reserve to provide for at least one § 1780.55 Preliminary engineering reports average annual loan installment. The PART 1780ÐWATER AND WASTE and Environmental Reports. debt reserve will accumulate at the rate LOANS AND GRANTS Preliminary engineering reports of one-tenth of an average annual loan (PERs) must conform to customary installment each year unless prohibited 1. The authority citation for part 1780 professional standards. PER guidelines by state law. continues to read as follows: for water, sanitary sewer, solid waste, (f) Membership authorization. For Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 and storm sewer are available from the organizations other than public bodies, U.S.C. 1005. Agency. Environmental Reports must the membership will authorize the meet the policies and intent of the project and its financing. Form RD Subpart AÐGeneral Policies and National Environmental Policy Act and 1942–8, ‘‘Resolution of Members or Requirements RUS procedures. Guidelines for Stockholders,’’ may be used for this preparing Environmental Reports are 2. Remove § 1780.7(h). authorization. The approval official may available in RUS Bulletin 1794A–602. 3. Revise § 1780.10(b)(2) to read as accept RUS Bulletin 1780–28, ‘‘Loan 10. In § 1780.57, add paragraph (o) to follows: Resolution Security Agreement,’’ read as follows: § 1780.10 Limitations. without such membership authorization * * * * * when State statutes and the § 1780.57 Design policies. (b) * * * organization’s charter and bylaws do not * * * * * (2) Pay any costs of a project when the require such authorization; and (o) Seismic safety. All new structures, median household income of the service * * * * * fully or partially enclosed, used or

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To receive and Federally Assisted or Regulated and the U.S. Equestrian Team’s designation as a port of embarkation, a New Building Construction (3 CFR, headquarters as export inspection port must have export inspection 1990 Comp., p. 269). Designs of facilities for horses for the currently facilities available for inspecting, components essential for system approved port of New York, NY. These holding, feeding, and watering animals operation and substantial rehabilitation actions will update the regulations by prior to exportation to ensure that the of structures that are used for sheltering adding two ports of embarkation and animals meet certain requirements persons or property should incorporate three export inspection facilities specified in the regulations. To receive seismic safety provisions to the extent through which horses may be processed approval as an export inspection practicable. RUS implementing for export. facility, the regulations provide that a regulations for seismic safety are in 7 DATES: This rule will be effective on facility must meet specified standards in CFR part 1972, subpart C. August 3, 1999 unless we receive § 91.14(c) concerning materials, size, written adverse comments or written inspection implements, cleaning and Subpart DÐInformation Pertaining to notice of intent to submit adverse disinfection, feed and water, access and Preparation of Notes or Bonds and comments on or before July 6, 1999. approval of arrangements, testing and Bond Transcript Documents for Public ADDRESSES: Please send your comment treatment, location, disposal of animal Body Applicants and three copies to: Docket No. 98–078– wastes, lighting, office and restroom 11. Revise § 1780.94(j)(3) to read as 1, Regulatory Analysis and facilities, and walkways. follows: Development, PPD, APHIS, Suite 3C03, Deep Hollow Farm, an export 4700 River Road, Unit 118, Riverdale, inspection facility for horses listed in § 1780.94 Minimum bond specifications. MD 20737–1238. Please state that your § 91.14(a) for the ocean port of Salem, * * * * * comment refers to Docket No. 98–078– NJ, is no longer being used as an export (j) * * * 1. inspection facility. However, we believe (3) Provisions that amend covenants You may read any comments that we that Mannington Meadows Farm, 60 contained in RUS Bulletins 1780–27 or receive on this docket in our reading Oechsle Road, Woodstown, NJ 08098, 1780–28. room. The reading room is located in (609) 769–2009, meets the requirements * * * * * room 1141 of the USDA South Building, of § 91.14(c) as an export inspection Dated: May 18, 1999. 14th Street and Independence Avenue, facility for horses. Mannington Jill Long Thompson, SW., Washington, DC. Normal reading Meadows Farm is located 6 miles from Under Secretary for Rural Development. room hours are 8 a.m. to 4:30 p.m., the ocean port of Salem, NJ. Exporters [FR Doc. 99–13931 Filed 6–3–99; 8:45 am] Monday through Friday, except using Mannington Meadows Farm will BILLING CODE 3410±15±P holidays. To be sure someone is there to be able to transport their horses to the help you, please call (202) 690–2817 ocean port of Salem, NJ, in before coming. approximately 15 minutes. This rule DEPARTMENT OF AGRICULTURE APHIS documents published in the will amend § 91.14(a) in accordance Federal Register, and related with the procedures explained below Animal and Plant Health Inspection information, including the names of under ‘‘Dates.’’ The amendments will Service organizations and individuals who have remove Deep Hollow Farm as an export commented on APHIS rules, are inspection facility for horses for the port 9 CFR Part 91 available on the Internet at http:// of Salem, NJ, and add Mannington [Docket No. 98±078±1] www.aphis.usda.gov/ppd/rad/ Meadows Farm in its place. webrepor.html. The amendments will also add two Ports Designated for Exportation of FOR FURTHER INFORMATION CONTACT: Dr. new ports, Elizabeth and Newark Horses; New Jersey and New York Michael David, Senior Staff International Airport, NJ, to the list of AGENCY: Animal and Plant Health Veterinarian, Animals Program, designated ports of embarkation in Inspection Service, USDA. National Center for Import and Export, § 91.14(a). Elizabeth, NJ, will be added ACTION: Direct final rule. VS, APHIS, 4700 River Road Unit 39, as an ocean port. Newark International Riverdale, MD 20737–1231; (301) 734– Airport, NJ, will be added as an airport. SUMMARY: We are amending the 8354; or e-mail: We believe that Tolleshunt Horse Farm, ‘‘Inspection and Handling of Livestock [email protected]. 10 Island Road, Box 469, Whitehouse, for Exportation’’ regulations by SUPPLEMENTARY INFORMATION: NJ 08888–0469, (908) 534–7738, and the changing the lists of approved ports of U.S. Equestrian Team’s headquarters, embarkation and export inspection Background Pottersville Road, Gladstone, NJ 07934, facilities for horses in New Jersey and The regulations in 9 CFR part 91, (908) 234–1251, meet the requirements New York. In New Jersey, we are ‘‘Inspection and Handling of Livestock of § 91.14(c) as export inspection removing Deep Hollow Farm in for Exportation’’ (referred to below as facilities for horses. Exporters using the Woodstown, NJ, as the export the regulations), prescribe conditions for Tolleshunt Horse Farm and the U.S. inspection facility for horses exported exporting animals from the United Equestrian Team’s headquarters will be from the ocean port of Salem, NJ, and States. The regulations state, among able to transport their horses to a port adding Mannington Meadows Farm in other things, that all animals, except of embarkation in approximately 1 hour. Woodstown, NJ, in its place. We are animals being exported by land to Therefore, we will add Tolleshunt Horse adding Elizabeth and Newark Canada or Mexico, must be exported Farm and the U.S. Equestrian Team’s

VerDate 06-MAY-99 14:20 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\04JNR1.XXX pfrm07 PsN: 04JNR1 29948 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations headquarters as export inspection date of this direct final rule, confirming Jersey will have a choice of using either facilities for horses for the ports of that it is effective on the date indicated the northeast (Elizabeth and Newark) or Elizabeth and Newark International in this document. the southwest (Salem) ports and either Airport, NJ. an airport or an ocean port. Exporters Executive Order 12866 and Regulatory We will also add Tolleshunt Horse will also have two additional export Flexibility Act Farm and the U.S. Equestrian Team’s inspection facilities for horses for the headquarters as export inspection This rule has been reviewed under port of New York, NY, in addition to the facilities for horses for the port of New Executive Order 12866. For this action, already approved facility at J. F. York, NY, which is already listed in the Office of Management and Budget Kennedy International Airport. § 91.14(a) as a designated airport and has waived its review process required In accordance with the Regulatory ocean port of embarkation. Tolleshunt by Executive Order 12866. Flexibility Act (5 U.S.C. 601 et seq.), Horse Farm is located 11⁄2 hours from In this rule, we are removing Deep APHIS is required to consider the effects the airport of New York, NY, and the Hollow Farm as an export inspection of the rule on small entities. APHIS U.S. Equestrian Team’s headquarters is facility for horses for the ocean port of expects a positive economic impact on located 11⁄2 to 2 hours from the airport Salem, NJ, because it is no longer being small businesses, due to the increase in of New York, NY. Tolleshunt Horse used as an animal export inspection transportation alternatives and the Farm and the U.S. Equestrian Team’s facility. In its place, we are adding decrease in transportation costs. headquarters may also be used as export Mannington Meadows Farm in Under these circumstances, the inspection facilities for horses for the Woodstown, NJ. Mannington Meadows Administrator of the Animal and Plant ocean port of New York, NY, but we do Farm is located in southwest New Jersey Health Inspection Service has not expect this to happen frequently and is within 6 miles of the ocean port determined that this action will not because travel by airplane is much faster of Salem, NJ, from which many horses have a significant economic impact on than by ship. Importers of horses are exported to Bermuda. We anticipate a substantial number of small entities. usually like the travel to take less than that Mannington Meadows Farm will be a day, which can be done by air. used as an export inspection facility for Executive Order 12372 When this rule becomes effective, approximately 112 horses annually. We This program/activity is listed in the veterinarians of the Animal and Plant do not expect that removing Deep Catalog of Federal Domestic Assistance Health Inspection Service will conduct Hollow Farm and adding Mannington under No. 10.025 and is subject to export inspections of horses at the Meadows Farm in its place will have Executive Order 12372, which requires newly approved export inspection any effect on the number of horses that intergovernmental consultation with facilities by appointment. are exported annually through the port State and local officials. (See 7 CFR part of Salem, NJ. 3015, subpart V.) Dates We are also designating Elizabeth and We are publishing this rule without a Newark International Airport, NJ, as Executive Order 12988 prior proposal because we view this ports of embarkation and are adding two This rule has been reviewed under action as noncontroversial and export inspection facilities for horses for Executive Order 12988, Civil Justice anticipate no adverse public comment. these ports: Tolleshunt Horse Farm in Reform. This rule: (1) Preempts all State This rule will be effective, as published Whitehouse, NJ, and the U.S. Equestrian and local laws and regulations that are in this document, 60 days after the date Team’s headquarters in Gladstone, NJ. inconsistent with this rule; (2) has no of publication in the Federal Register We are also adding these same export retroactive effect; and (3) does not unless we receive written adverse inspection facilities for horses for the require administrative proceedings comments or written notice of intent to already listed port of New York, NY. We before parties may file suit in court submit adverse comments within 30 project that approximately 36 horses challenging this rule. days of the date of publication of this will be exported annually through the Paperwork Reduction Act rule in the Federal Register. port of Elizabeth, and approximately Adverse comments are comments that 120 horses will be exported annually This rule contains no information suggest the rule should not be adopted through the port of Newark. Adding the collection or recordkeeping or that suggest the rule should be U.S. Equestrian Team’s headquarters as requirements under the Paperwork changed. an export inspection facility will allow Reduction Act of 1995 (44 U.S.C. 3501 If we receive written adverse the Team to use its own facilities for et seq.). comments or written notice of intent to horse inspections. We estimate that 120 List of Subjects in 9 CFR Part 91 submit adverse comments, we will horses will be inspected each year at the publish a notice in the Federal Register U.S. Equestrian Team’s headquarters. Animal diseases, Animal welfare, withdrawing this rule before the The addition of Tolleshunt Horse Farm Exports, Livestock, Reporting and effective date. We will then publish a as an export inspection facility will recordkeeping requirements, proposed rule for public comment. make it logistically easier for other Transportation. Following the close of that comment exporters in New Jersey to export their Accordingly, we are amending 9 CFR period, the comments will be horses from the United States because part 91 as follows: considered, and a final rule addressing they will be able to transport their PART 91ÐINSPECTION AND the comments will be published. horses from Tolleshunt Horse Farm to a HANDLING OF LIVESTOCK FOR As discussed above, if we receive no port of embarkation in approximately 1 EXPORTATION written adverse comments nor written hour. We estimate that 12 horses will be notice of intent to submit adverse inspected for export each year at 1. The authority citation for part 91 comments within 30 days of publication Tolleshunt Horse Farm. continues to read as follows: of this direct final rule, this direct final Until now the only designated port of Authority: 21 U.S.C. 105, 112, 113, 114a, rule will become effective 60 days embarkation in New Jersey has been the 120, 121, 134b, 134f, 136, 136a, 612, 613, following its publication. We will ocean port of Salem in southwest New 614, and 618; 46 U.S.C. 466a and 466b; 49 publish a notice to this effect in the Jersey. Once this rule becomes effective, U.S.C. 1509(d); 7 CFR 2.22, 2.80, and Federal Register, before the effective individuals exporting horses from New 371.2(d).

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2. In § 91.14, paragraphs (a)(11) and SUMMARY: The Food and Drug I. Introduction (a)(12) are revised to read as follows: Administration (FDA) is amending the In a notice published in the Federal food additive regulations to provide for Register of September 5, 1991 (56 FR § 91.14 Ports of embarkation and export the safe use of sucrose acetate inspection facilities. 43927), FDA announced that a food isobutyrate (SAIB) as a stabilizer of (a) * * * additive petition (FAP 1A4266) had emulsions of flavoring oils used in been filed by Eastman Chemical Co. (11) New Jersey. nonalcoholic beverages. This action is (i) Elizabeth—ocean port. (Eastman), P.O. Box 511, Kingsport, TN in response to a petition filed by 37662, proposing that the food additive (A) Tolleshunt Horse Farm (horses Eastman Chemical Co. only), 10 Island Road, Box 469, regulations be amended in part 172 (21 DATES: Effective June 4, 1999; written Whitehouse, NJ 08888–0469, (908) 534– CFR part 172) to provide for the safe use objections and requests for a hearing by 7738. of SAIB as a stabilizer of emulsions of July 6, 1999. The Director of the Office (B) The U.S. Equestrian Team’s flavoring oils used in nonalcoholic of the Federal Register approves the headquarters (horses only), Pottersville carbonated and noncarbonated incorporation by reference in Road, Gladstone, NJ 07934, (908) 234– beverages. accordance with 5 U.S.C. 552(a) and 1 1251. SAIB is the chemical alpha-D- CFR part 51 of certain publications in (ii) Newark International Airport. glucopyranoside, O-acetyl-tris-O-(2- § 172.833(b) (21 CFR 172.833(b)), (A) Tolleshunt Horse Farm (horses methyl-1-oxopropyl)-beta-D- effective June 4, 1999. only), 10 Island Road, Box 469, fructofuranosyl, acetate tris(2-methyl Whitehouse, NJ 08888–0469, (908) 534– ADDRESS: Written objections may be sent propanoate). It is also referred to as 7738. to the Dockets Management Branch sucrose diacetate hexaisobutyrate, sugar (B) The U.S. Equestrian Team’s (HFA–305), Food and Drug esters of fatty acids, and sucrose esters headquarters (horses only), Pottersville Administration, 5630 Fishers Lane, rm. of fatty acids. Road, Gladstone, NJ 07934, (908) 234– 1061, Rockville, MD 20852. SAIB is a slightly yellow, clear, 1251. FOR FURTHER INFORMATION CONTACT: viscous liquid, practically odorless, (iii) Salem—ocean port. Blondell Anderson, Center for Food with a bitter taste (not apparent at the (A) Mannington Meadows Farm Safety and Applied Nutrition (HFS– levels used in the regulated (horses only), 60 Oechsle Road, 206), Food and Drug Administration, application). The compound is Woodstown, NJ 08098, (609) 769–2009. 200 C St. SW., Washington, DC 20204, produced by reaction of food grade (12) New York. 202–418–3106. sucrose with acetic anhydride and (i) New York—airport and ocean port. SUPPLEMENTARY INFORMATION: isobutyric anhydride in the presence of a catalyst. The product is purified by (A) Tolleshunt Horse Farm (horses Table of Contents only), 10 Island Road, Box 469, molecular distillation. Whitehouse, NJ 08888–0469, (908) 534– I. Introduction In support of safety for the proposed 7738. II. Evaluation of Safety use of SAIB, Eastman submitted toxicity A. Estimated Daily Intake for SAIB (B) The U.S. Equestrian Team’s studies performed in a variety of B. Evaluation of Safety Studies on SAIB species. Those studies included: headquarters (horses only), Pottersville 1. Pharmacokinetics and Metabolism Road, Gladstone, NJ 07934, (908) 234– Absorption, metabolism, and Studies elimination studies (rats, dogs, rabbits, 1251. 2. Genotoxicity Studies (C) Vetport, Inc., Bldg. 189, J.F. 3. Reproduction and Developmental monkeys, and humans); short-term (7 to Kennedy International Airport (Cargo Toxicity Studies 56 days) studies (rats, dogs, and Area), Jamaica, NY 11430, (212) 656– a. Three-generation reproduction with monkeys); a palatability study (mice); 6042. teratology phase in rats (Appendix 86) subchronic (90 days) studies (rats and b. Teratology study in rabbits dogs); chronic studies (rats and * * * * * (Appendix 87) monkeys); carcinogenicity studies (rats Done in Washington, DC, this 28th day of c. Agency conclusions regarding May 1999. and mice); reproduction studies (rats); reproduction and developmental toxicity teratology studies (rats and rabbits); Bobby R. Acord, studies on SAIB 4. Two-Year Carcinogenicity Studies genotoxicity tests; liver function studies Acting Administrator, Animal and Plant (rats, dogs, monkeys, and humans); and Health Inspection Service. a. Rat study (Appendix 95) b. Mouse study (Appendix 96) clinical studies (humans). [FR Doc. 99–14186 Filed 6–3–99; 8:45 am] 5. Concerns Regarding Altered Liver The one concern raised by FDA’s BILLING CODE 3410±34±P Function evaluation of the SAIB data base was a. Liver effects in the SAIB-treated some liver effects, which were observed animals in the short-term and subchronic DEPARTMENT OF HEALTH AND i. Short-term studies studies. These effects were observed HUMAN SERVICES ii. Subchronic oral toxicity studies on SAIB (Appendices 63, 64, 65, 67, 68, 69, primarily in SAIB-treated dogs; for example, decreased clearance rates for Food and Drug Administration and 700 iii. Specific liver function tests bromosulfophthalein (BSP) and 21 CFR Part 172 b. Studies resolving the altered liver indocyanine green (ICG) from the blood, function issue and increased serum alkaline [Docket No. 91F±0228] i. One-Year chronic toxicity studies phosphatase. To further evaluate these ii. Human clinical studies liver effects, the petitioner performed Food Additives Permitted for Direct c. Agency conclusions regarding the special liver function tests (BSP and ICG Addition to Food for Human altered liver function issue clearance tests) in rats, dogs, monkeys, C. Acceptable Daily Intake for SAIB Consumption; Sucrose Acetate and humans. The BSP clearance test Isobutyrate III. Conclusion IV. Environmental Effects was also performed in monkeys and rats AGENCY: Food and Drug Administration. V. Paperwork Reduction Act of 1995 after exposure to SAIB for 1 year in order to demonstrate that the liver ACTION: Final rule. VI. References VII. Objections effects were not observed in these SAIB-

VerDate 06-MAY-99 14:20 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\04JNR1.XXX pfrm07 PsN: 04JNR1 29950 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations treated animals after long-term repeated differences in the pharmacokinetics and (Appendix 92), thereby demonstrating exposure. The results from these studies metabolism of SAIB in the test subjects: that SAIB is not clastogenic (Ref. 9). and results from other studies that were (1) There were quantitative Results from the Unscheduled DNA pivotal to the safety decision for the differences in the amounts of Assay (Appendix 93) were negative proposed use of SAIB in beverages are administered SAIB that were absorbed regarding any significant increases in discussed in section II.B of this by rats, dogs, and humans. Rats and nuclear labeling or unscheduled DNA document. humans absorbed greater amounts of synthesis in rat primary hepatocytes SAIB from the gastrointestinal tract treated/incubated with SAIB (Refs. 9, II. Evaluation of Safety compared to dogs. In rats and humans, 10, 11, and 12). The Dominant Lethal In order to establish, with reasonable the majority of the orally administered Assay (Appendix 94) did not show any certainty, that a new food additive is not SAIB was eliminated in expired air, significant effects on early fetal deaths harmful under its intended conditions whereas in dogs, the majority of SAIB per pregnancy in rats. of use, FDA considers the projected was eliminated in the feces; Based upon the negative mutagenic human dietary exposure to the additive, (2) Dogs excreted a greater proportion and clastogenic findings in the the additive’s toxicological data base, of the absorbed SAIB in the bile genotoxicity studies, the agency and other relevant information (such as compared to rats. The excreted materials concludes that SAIB is not genotoxic published literature) available to the in the bile of the dog were identified as under the test conditions of these agency. either unchanged SAIB or higher studies (Refs. 5, 6, 7, 8, 9, 10, 11, 12, 13, acylated sucrose molecules. Lower and 14). A. Estimated Daily Intake for SAIB acylated sucroses were identified in the 3. Reproduction and Developmental In determining whether the proposed bile of rats; and Toxicity Studies (Appendices 86 and use of an additive is safe, FDA typically (3) The urinary metabolites of SAIB in 87) compares an individual’s estimated rats and humans were more similar daily intake (EDI) of the additive to the qualitatively than those between dogs The objectives of the reproduction acceptable daily intake (ADI) and humans. Higher acylated sucroses and developmental toxicity studies were established by the toxicological were identified as the primary to evaluate the toxic potential of SAIB database. The EDI is determined by metabolite in the urine of dogs. In the on the reproductive system of mature projections based on the amount of the urine of rats and humans, only lower rats (males and females) as well as additive proposed for use in particular acylated sucroses and free sucrose were postnatal maturation of reproductive foods and on data regarding the identified. Free sucrose was not found functions of offspring through three consumption levels of these particular in the urine from dogs. These data show successive generations. Assessment of foods. that more deacylation of SAIB occurs in the potential effects of the food additive The proposed levels of use for SAIB rats and humans than in dogs. on the developing fetus was the in beverages (up to 300 parts per million The patterns of absorption, metabolism, objective of the teratology studies. (ppm)) are supported by functionality and elimination are more similar for rats a. Three-generation reproduction with and stability data presented in the and humans than for dogs and humans. teratology phase in rats (Appendix 86). petition. The agency commonly uses the Therefore, the agency concludes that the In this study, groups of Fischer F344 EDI for the 90th percentile consumer of rat is more appropriate than the dog to rats (three generations: F0, F1, and F2 a food additive as a measure of high model the metabolic disposition and males and females) were administered chronic exposure. For the requested fate of SAIB in humans (Refs. 2, 3, 4, SAIB in the diet at dose levels of 0, 0.5, food use of SAIB, the agency has and 5). 1.0, or 2.0 g per kilogram body weight estimated the lifetime exposure for 90th per d (g/kg bw/d). Parental (F0) males 2. Genotoxicity Studies (Appendices 88, were fed SAIB for 10 weeks prior to percentile consumers, 2 years old and 89, 90, 91, 92, 93, and 94) older (all ages), to be 0.17 gram per mating; F0 females were fed SAIB for 2 person per day (g/p/d). The SAIB was subjected to the following weeks prior to mating, and throughout corresponding mean intake is 0.082 g/p/ battery of studies to evaluate its mating, gestation, and lactation until the d (Ref. 1). genotoxic potential in prokaryotic and time of necropsy. F1 and F2 males and mammalian species: Ames Test, Chinese females were exposed to SAIB in utero; B. Evaluation of Safety Studies on SAIB Hamster Ovary Cells/HGPRT Forward during their lactation and weaning The principal studies relevant to the Mutation Assay, In Vitro Cytogenetic periods as well as throughout their safety evaluation of the petitioned use of Chromosomal Aberration Assay, mating, gestation, and lactation periods SAIB were performed in several animal Unscheduled DNA Assay, and for respective F2 and F3 litters. The F1 species as mentioned in section I of this Dominant Lethal Assay. In the absence males and females were bred twice in document. The individual studies are of bioassay data, these tests are often succession to produce F2a and F2b pups. identified by an Appendix number in used to predict the carcinogenic For each generation, the following this document, as designated by potential of the test compound. reproductive parameters were Eastman in the SAIB petition. However, in the case of SAIB, examined: Mating indices, fertility carcinogenicity bioassays are also indices, gestation indices, gestation 1. Pharmacokinetics and Metabolism available. length, number of corpora lutea, Studies (Appendices 16, 17, 18, 19, 22, SAIB was shown to be nonmutagenic implantation efficiency, and number of 23, 24, 25, 26, 27, 29, and 31) in the Ames test, with or without early or late resorptions. Litters from the The pharmacokinetics and metabolic activation (Appendices 88, F1 and F2 generations were examined for metabolism studies on SAIB were 89, and 90) (Refs. 6 and 7). The the number of dead pups (day 0), performed with rats, dogs, and humans compound did not induce changes in number of live offspring per litter, sex in order to compare the absorption, mutation frequency in the Chinese ratios, pup survival percentages, pup metabolism, and excretion of the food Hamster Ovary Cells/HGPRT Forward weights, and physical abnormalities. additive in animal models to that seen Mutation Assay (Appendix 91) (Ref. 8). Macroscopic examinations of the in humans. Results from these studies Chromosomal aberrations were not corpora lutea and implantations were showed the following similarities and induced in Chinese hamster ovary cells performed on the F2 dams that were

VerDate 06-MAY-99 08:33 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\A04JN0.043 pfrm07 PsN: 04JNR1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations 29951 sacrificed on day 14 of gestation period established for SAIB based upon the incidences (e.g., testicular interstitial of the F3 generation. For the teratology highest dose tested in the three- cell tumors, mammary gland phase of this study, macroscopic generation rat study (Refs. 5 and 13). fibroadenomas, endometrial stromal examination of the number and polyps, and pituitary hyperplasia). 4. Two-Year Carcinogenicity Studies distribution of fetuses in the uterine Thus, the histopathology data showed (Appendices 95 and 96) horn and the number of resorptions and no evidence of male or female SAIB- corpora lutea were performed on F1 The objective of the carcinogenicity treated rats with increased incidences of dams that were sacrificed on day 20 studies was to study the carcinogenic tumors or nonneoplastic lesions at any (during gestation) of the F2b generation. potential of SAIB when administered to organ site that were related to the The pups from these dams were rodents for 104 weeks. feeding of SAIB (Ref. 15). examined for any soft-tissue or skeletal a. Rat study (Appendix 95). Fischer From this study, the agency concludes malformations. F344 (CDF/CrlBR) rats were randomly that SAIB did not induce any tumors in The agency observed no reproductive assigned to 5 groups that were fed a Fischer 344 rats that were fed diets or developmental toxicities in three dietary mixture of SAIB at dose levels containing up to 2.0 g/kg bw/d of SAIB successive generations of rats that were of 0, 0.50, 1.0, or 2.0 g/kg bw/d for 104 for 104 weeks. No SAIB-related exposed to SAIB at levels up to 2.0 g/ weeks. Two groups of rats served as histopathological lesions were observed kg bw/d. There was a trend towards duplicate controls and were fed an in the SAIB-fed rats. Thus, the NOEL for decreased fertility with increasing dose NIH07 diet that had been treated with this study is 2.0 g/kg bw/d (Refs. 5, 14, of SAIB in the females of the F1 acetone only. BW data for all of the rats and 15). generation during the breeding for the were collected on day 1, at weekly b. Mouse Study (Appendix 96). In this F2a litters. The agency does not consider intervals during the study, and on the study, groups of B6C3F1/Cr1BR mice this trend to be treatment-related day of necropsy. Food consumption was (50 per sex per group) were fed SAIB at because there were no significant recorded weekly. Hematology concentrations of 1.25, 2.5, or 5.0 g/kg decreases in fertility observed in the F0 measurements were performed on all bw/d in an NIH07 diet for 104 weeks. females during the breeding for the F1 rats prior to the initiation of treatment Two groups of mice served as controls litters or the F1 females during the and at the end of the study at week 104. and were fed an NIH07 diet that had breeding for the F2b litters. The agency During necropsy, organ weight data been treated with acetone only. BW data has determined that the no observed were collected for heart, kidneys, liver, were collected on day 1, at weekly effect level (NOEL) for this study is 2.0 testes, ovaries, and brain of the rats in intervals during the study, and on the g/kg bw/d, which was the highest dose the two control groups and in each of day of necropsy. Food consumption was of SAIB tested in this study (Ref. 13). the SAIB-treated groups. Macroscopic recorded weekly. Hematology b. Teratology study in rabbits and microscopic examinations were measurements were performed on mice (Appendix 87). New Zealand White SPF performed at sacrifice (week 104) on in the control and 5.0 g/kg bw group female rabbits were divided into a representative tissue from a only; 10 mice per sex prior to the control group (32 rabbits) and 3 SAIB comprehensive selection of organs from initiation of treatment and 15 mice per treatment groups (16 rabbits per group). all groups of rats. sex during weeks 28, 53, 79, and 105. Control and treated female groups were Survival in the treated rats was not During necropsy, organ weight data induced to superovulate by receiving significantly affected by the SAIB were collected for the kidneys, liver, injections of human chorionic treatment for the 2-year exposure gall bladder, and lungs of all mice. gonadotropin 3 weeks prior to duration. The antemortem changes seen Macroscopic and microscopic insemination. SAIB was administered in the SAIB-treated groups at examinations were performed at by oral gavage, twice daily, to the termination were similar to those seen sacrifice (week 104) on representative treatment groups at dose levels of 0.50, in the concurrent control rats and tissue from a comprehensive selection 0.85, or 1.20 g/kg bw/d on days 7 represented typical changes seen in of organs from all groups of mice. through 19 of gestation. The control aging rats. The study results revealed no group received only the vehicle (corn Overall, SAIB did not significantly treatment-related effects on the survival oil) . affect the final mean bw’s or food of SAIB-treated mice in this study. All The agency concludes that in this consumption of either the male or antemortem observations seen in the study there were no developmental female rats during the 104 weeks of the SAIB-treated mice were comparable to toxicities observed in rabbits that were study. The organ weight data showed those seen in the concurrent controls. exposed to SAIB by gavage at levels up reduced brain (absolute) weight in the Organ-to-bw ratios of the liver and to 1.20 g/kg bw/d during gestation (days 1.0 g/kg bw/d SAIB-treated females lungs of the SAIB-treated mice were not 7 to 19). The agency has determined that when compared to females in group 1 different from the respective weight the NOEL for this study is 1.20 g/kg bw/ controls and increased kidney-to-brain ratios in the control mice. There were d for this study (Ref. 13). ratios in the 1.0 g/kg bw SAIB-treated some differences in the relative kidney c. Agency conclusions regarding males when compared to males in group weights in the SAIB-treated mice reproduction and developmental 2 controls. FDA did not consider these compared to controls; however, these toxicity studies on SAIB. Based on the weight differences to be treatment- differences were not associated with any data obtained from these reproduction related or toxicologically significant treatment-related kidney and developmental toxicity studies on because they occurred sporadically histopathology. SAIB (Appendices 86 and 87), the among the treated groups, that is, at The histopathology data showed an agency concludes that the oral only one dose level (1.0 g/kg bw/d dose) increased incidence of SAIB-treated administration of SAIB does not induce or in only one sex. There were tumors male mice with bronchiolar/alveolar reproductive or developmental effects in or nonneoplastic lesions that occurred adenomas and an increased incidence of rats when tested in the diet at doses up in the control and SAIB-treated rats of SAIB-treated male mice with to 2.0 g/kg bw/d or developmental this study that represented (combined) bronchiolar/alveolar effects in rabbits when tested by gavage histopathological changes commonly adenomas or carcinomas when at doses up to 1.20 g/kg bw/d. seen in aging rats or represented normal compared to control group males (Refs. Therefore, a NOEL of 2.0 g/kg bw/d is variation of spontaneous tumor 14 and 15). The incidences of SAIB-

VerDate 06-MAY-99 08:33 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\A04JN0.043 pfrm07 PsN: 04JNR1 29952 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations treated females with bronchiolar/ SAIB up to 0.02 g/kg bw/d for 14 days were performed on week 3 and 6 of this alveolar adenomas or carcinomas were to evaluate any potential effects of SAIB 8-week control diet feeding period. On comparable to incidences in control on liver function in humans. These the 88th day, 4 of the 6 dogs were females. According to historical control studies and the agency’s conclusions returned to a diet containing 5-percent incidence data from the National regarding them are discussed in sections SAIB for 1 day. After this 1-day SAIB Toxicology Program data base, these II.B.5.b and II.B.5.c of this document. feeding, SAP measurements and ICG incidences are within the range a. Liver Effects in the SAIB-treated clearance tests were performed on the commonly seen in aged B6C3F1 mice. Animals. i. Short-term Studies six dogs. This study did not have a Therefore, FDA concludes that the (Appendices 60, 66, 71, 72, 73, 74, and group of dogs that served as concurrent increased incidences of SAIB-treated 77). The following short-term studies controls nor were pretest ICG baseline mice with this tumor represent expected were designed to provide data on the values determined. Instead, the data variations in spontaneous incidences short-term oral toxicity of SAIB in rats, from this study were compared to and were not related to the SAIB dogs, and monkeys with regard to previously reported laboratory data for treatment (Refs. 14 and 15). At the other potential target organs of SAIB, as well ICG clearance in normal beagle dogs. organ sites, there was no evidence of as to determine appropriate doses for The results of this study showed increased incidences of mice with the subchronic and chronic studies. decreased clearance of serum ICG (half- 1 tumors or nonneoplastic lesions that Rat Studies (Appendices 66 and 74). lives (t1/2) of 17.0 to 40.0 minutes) in were related to the feeding of SAIB In a short-term study (Appendix 66), dogs that were fed 5-percent SAIB for 3 (Refs. 14 and 15). From this study, the SAIB was fed to groups of male and weeks compared to ICG clearance in agency concludes that SAIB did not female rats at levels of 1.0, 2.0, or 4.0 normal dogs (t1/2 of 4.2 to 8.1 minutes). induce tumors at any organ site in percent (equivalent to 1.0, 2.0, or 4.0 g/ ICG clearance in the SAIB-treated dogs B6C3F1 mice that were fed diets kg bw/d) in the diet for 28 or 56 days. had returned to normal by day 84 after containing SAIB up to 5.0 g/kg bw /d for Levels of serum alkaline phosphatase these dogs were returned to control 104 weeks. No SAIB-related (SAP), glucose, ornithine carbamyl diets without SAIB. Five of six dogs had nonneoplastic lesions were observed in transferase, triglyceride, cholesterol, and increased SAP levels at the end of the the SAIB-fed mice, nor was there other blood urea nitrogen were examined. 4-week SAIB feeding period that were evidence of adverse effects in the SAIB- Organ weight data were collected only four to seven times greater than pretest fed mice at any of the tested doses. on the liver. values. Thus, the NOEL for this study is 5.0 g/ The limited clinical chemistry data Blood glucose levels decreased (25- to kg bw/d (Refs. 5, 14, and 15). from this study showed decreases in 57-percent reductions) in all of the dogs blood glucose levels in female rats fed at the end of the 4-week SAIB treatment 5. Concerns Regarding Altered Liver SAIB at levels of 2.0 and 4.0 percent in period compared to pretest average Function the diet for 56 days. The glucose levels values. However, blood glucose levels During the early reviews of the in the treated males were not different monitored at the end of the recovery petition, the agency raised a concern from comparable levels in controls for phase of the study were reversed and regarding liver effects that were the 56-day duration. SAP levels were were comparable to the pretest values. observed in the SAIB-treated animals in not affected in the SAIB-treated rats. Ornithine carbamyl transferase and short-term toxicity studies (rats, dogs, There were no effects on bw or bw gain blood cholesterol levels also increased and monkeys) and in subchronic in the SAIB-treated rats. Liver weights during the SAIB exposure period. Other toxicity studies (rats and dogs), in these SAIB-treated rats were similar blood parameters measured in these especially in the SAIB-treated dogs. to control rats. Also, the levels of dogs (hemoglobin, hematocrit, white However, the agency could not easily glucose in the treated groups were not blood cell counts (five out of six dogs), determine whether the liver effects different from controls (Ref. 16). serum protein, and blood urea nitrogen) observed in these SAIB-treated rats and In another short-term study were not affected by the 5-percent-SAIB monkeys were treatment-related because (Appendix 74), groups of rats (15 per treatment. The 5-percent SAIB treatment of certain inadequacies in the studies, sex per group) were fed diets containing had no effect on body weight, food their limited experimental designs, and 0, 5,000, or 50,000 ppm (equivalent to consumption, or organ weights (only the studies’ short exposure durations. 0, 0.50, or 5.0 g/kg bw/d) SAIB for 3 liver and kidney were measured) in the These studies are discussed in section weeks. Organ weight data on livers from dogs for the 4-week period (Ref. 3). II.B.5.a of this document. The agency the male and female SAIB-treated rats Monkey Studies (Appendices 60, 71, also raised a concern that there were no (five per sex per group) revealed no 72, and 73). In a short-term study chronic (1 year or longer) toxicity evidence of liver enlargement at either (Appendix 60), SAIB was administered studies on SAIB in dogs that further of the doses of SAIB. In addition, SAIB by oral intubation (in an orange juice examined the liver function effects. did not affect bw gain or food concentrate) to four monkeys (two per To address these concerns, the consumption in this study (Ref. 3). sex) as a single dose that started at a petitioner performed BSP and ICG Dog Study (Appendix 77). In this dose of 1.25 g/kg bw, increased by clearance tests, which are specific liver study (Appendix 77), six male beagle increments of 2-fold (72-hour intervals function tests, with rats, dogs, and dogs were initially fed a ground chow between doses), and ended at a dose of monkeys. In addition, to address the diet without SAIB (control diet) daily 20 g/kg bw over a dosing period of 14 concern regarding possible altered liver for 3 weeks. For the next 3 to 4 weeks, days. All of the SAIB-dosed monkeys function in chronically-exposed the six male dogs were fed a ground survived the study. Slight to moderate animals, the petitioner performed a 1- chow containing 5-percent (equivalent watery, yellow stools were observed in year oral toxicity study on SAIB in to 1.25 g/kg bw/d) SAIB. ICG clearance some of the monkeys administered SAIB monkeys; this study included BSP tests were performed on four of the six at doses of 1.25 g/kg bw (one male, two clearance tests and measurements of dogs at week 3 of this 5-percent SAIB females), 2.5 g/kg bw (one male, one clinical chemistry parameters relevant feeding period. After the 3 or 4 weeks female), and 5.0 g/kg bw (one female). to liver toxicity. The petitioner also feeding period of SAIB, the dogs were 1 performed BSP clearance tests in returned to control diet for an additional Half-life(t1/2) is the time required for the serum humans that were administered doses of 8 weeks (91st day). ICG clearance tests ICG concentrations to be reduced by one half.

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Large amounts of watery yellow stools functions were also normal in the dosed and a tendency toward leukocytosis and emesis were observed in a monkey monkeys (Refs. 3 and 17). (increased white corpuscle counts) were that received a SAIB dose of 5.0 g/kg bw Agency conclusions regarding short- observed in treated rats relative to dose. Gross postmortem examinations of term studies on SAIB. The agency’s control rats. SAP levels and BSP the four monkeys after the last dosing of overall review of the data from the clearance rates were not evaluated in SAIB revealed no effects that were preceding short-term studies (see this study. BW gains in the SAIB-treated attributable to the SAIB administration section II.B.5.a.i of this document) males were slightly decreased (8 to 11 (Refs. 2 and 17). established the following: (1) Decreased percent) compared to control males; in In a two-part range-finding study glucose levels in rats that were fed SAIB treated females, bw gain was not (Appendices 71 and 72), SAIB was at levels of 2.0 and 4.0 g/kg bw/d for 56 affected. Liver, kidney, lung, gonad, administered by oral intubation to days; (2) decreased ICG clearance rates, spleen, and heart weights (relative and groups of monkeys (one per sex per increased SAP levels, and decreased absolute weights) of the SAIB-treated group) at dose levels of 0, 0.5, 1.0, 2.0, blood glucose levels in dogs that were rats were not significantly different from 5.0 or 10.0 g/kg bw/d for 15 days. fed 1.25 g/kg bw/d SAIB for 4 weeks; the respective organ weights of the Incidences of soft, loose stools were and (3) increased BSP retention and control rats. observed in the SAIB-dosed groups (1.0, increased SAP levels in monkeys that Data from the limited 2.0, and 10.0 g/kg bw/d doses), as well were administered SAIB by gavage at histopathological analyses showed an as in the control male and female dose levels of 5 and 10 g/kg bw/d for 15 increased incidence of clear vacuoles groups. At the termination of the study, days. Based on these observed effects, (fat vacuoles) in the livers of all of the SAP levels in the males of the 10.0 g/ the agency concludes that the liver is a SAIB-treated rats with the greatest kg bw/d dose group and the females of target organ for the toxicity of SAIB. increase being seen in the 1.88-percent the 5.0 and 10.0 g/kg bw/d dose groups However, because of the short exposure SAIB group (Ref. 16). were increased compared to their durations and limited experimental In a 12-week study (Appendix 65), respective controls. Pretest alkaline designs of these studies, the agency groups of rats (20 per sex per group) phosphatase levels in the SAIB-dosed concludes that these studies are were fed SAIB at doses of 2.5, 5.0, or 10 groups were also higher than pretest inadequate to resolve concerns percent (equivalent to 2.50, 5.0, or 10.0 levels of the controls. Decreased BSP regarding the observed liver effects g/kg bw/d) in the diet. SAIB-treated clearance was observed in 8 out of the (Refs. 3 and 5). male rats in this study showed 10 treated monkeys. Electron ii. Subchronic oral toxicity studies on decrements in weight gain at all dose microscopy was performed only on the SAIB (Appendices 63, 64, 65, 67, 68, 69, levels compared to controls; weight livers of the control group and the high- and 70). The following subchronic oral gains in the SAIB-treated female rats dose group in this study. Results from toxicity studies were performed in rats were not affected. There was a the ultrastructural analyses of the livers and dogs to examine the general significant decrease in SAP levels in from the SAIB-treated monkeys revealed systemic toxicity of SAIB and to females treated with 10-percent SAIB. increased glycogen, large glycogen investigate further the liver effects of Urinary ascorbic acid levels were aggregations surrounded by scant SAIB that were observed in the short- substantially decreased (47 percent in smooth endoplasmic reticulum, and term SAIB studies. males and 64 percent in females) in the decreases in the amounts of smooth Rat Studies (Appendices 63, 64, and 10-percent SAIB group relative to endoplasmic reticulum (Refs. 2, 3, and 65). In a 90-day study (Appendix 63), controls. There were no increases in 17). While these effects in the SAIB- groups of rats (25 per sex per group) carboxyl esterase levels in any of the dosed monkeys suggest suppressed liver were fed SAIB in the diet at 0, 1, or 5 SAIB-treated rats. Neither liver weights function, the agency could not percent (equivalent to 0, 1.0, or 5.0 g/ nor the ultrastructure of the livers in the determine the toxicological significance kg bw/d). This study showed an SAIB-treated rats were affected during of these effects because of the small increase (7.4 percent) in the relative the study. Biochemical analyses group sizes (Refs. 2, 3, and 17). liver weights of the 5-percent SAIB- performed on the livers of rats in the In another exploratory study treated female rats compared to the control and 10-percent SAIB groups (Appendix 73), groups of monkeys (one control females; liver weights in SAIB- showed increases in liver glycogen in per sex per group) were administered treated males were not affected. Kidney the 10-percent SAIB group (in both SAIB (in corn oil) orally by gavage at weights in the SAIB-treated groups were sexes) as well as significant increases in doses of 0.50, 1.45, or 2.40 g/kg bw/d for not different from the kidney weights of the water content of the livers in the 4 weeks. Control monkeys received only the control rats. Final bw’s were slightly males of the 10-percent SAIB group the vehicle (corn oil) by gavage. BW decreased (3 to 4 percent) in only the (Ref. 16). gains were comparable in all of the males of the 5-percent dose group. No Because of inadequacies in data groups except for the high-dose female differences were observed in the final analyses and reporting (e.g., limited monkey, who lost weight (12-percent bw’s of the males in the 1-percent dose statistical analyses and incomplete loss) over the 4-week study duration. group or the females in all of the dose histopathology data) in the subchronic Reduced food consumption was groups when compared to respective rat studies, the agency could not reach reported for this high dose female controls. BW gain in all of the female a conclusion as to whether there were monkey. SAP levels were increased 8-to treatment groups was comparable to the treatment-related liver effects in the 78-percent in the treated groups for both female control groups. Overall, feed SAIB-fed rats of these studies. The sexes except for the one male in the intakes and feed efficiencies appeared to results from these studies did show: (1) high-dose (10 g/kg bw dose) group. be similar across treatment and control Significantly increased (relative to Values reported for erythrocyte counts, groups for both sexes (Ref. 16). controls) relative liver weights in rats hemoglobin, and hematocrits were low In another 90-day study (Appendix (females only) that were fed 5-percent for all of the females in both the 64), groups of rats (10 per sex per group) SAIB, and (2) increased glycogen treatment groups and the control group. were fed SAIB in the diet at levels of 0, content and increased water content BSP clearance rates in these monkeys 0.38, 1.88, or 9.38 percent (equivalent to (males only) in the livers of rats (both were normal. Clinical biochemistry 0, 0.38, 1.88, or 9.40 g/kg bw/d). A slight sexes) fed 10-percent SAIB relative to parameters related to liver and kidney increase in the mean hemoglobin values controls (Ref. 5).

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Dog Studies (Appendices 67, 68, 69, increased when compared to control increased liver carboxyl esterase and 70). In a 12-week study (Appendix liver weight values measured at the end activity, and proliferation of smooth 67), groups of dogs (four per sex per of the 12-week treatment phase. This 3- endoplasmic reticulum). Because effects group) were fed diets containing 0, 0.2, week recovery phase of the study did were observed at the lowest tested dose, 0.6, or 2.0 percent (equivalent to 0, 0.05, not include a comparable control group the agency could not establish a NOEL 0.15, or 0.5 g/kg bw/d) SAIB. This study of dogs that was held for the additional for the observed liver effects in the showed increases in SAP levels in the 3 weeks after the treatment phase. SAIB-treated dogs in the subchronic SAIB-treated male dogs, with a two-fold Data from liver biochemistry analyses studies (Refs. 3, 5, and 18). increase in the 2.0-percent dose group. showed significantly increased liver Agency Conclusions Regarding At the end of the study, relative liver glycogen in all of the SAIB-treated Subchronic Studies on SAIB. The weights of male and female dogs fed groups, significantly increased liver agency concludes from the subchronic SAIB at the 0.6-percent and 2.0-percent lipid content in all of the dogs fed 2.0- studies that SAIB affected liver function dose levels increased compared to the percent SAIB, and significantly in dogs when fed SAIB at doses of 0.13 respective control groups. Relative increased liver carboxyl esterase levels g/kg bw/d up to 1.0 g/kg bw/d. weights of the other organs that were in all of the dogs fed 4.0-percent SAIB. The subchronic studies in rats also examined in the study (kidney, spleen, Total protein levels in the liver were suggested apparent liver effects in rats brain, gonads, adrenals, thyroids, and greatly reduced in all of the SAIB- that were fed SAIB at dose levels of 5.0 pituitary) did not differ significantly treated groups compared to controls. g/kg bw/d and higher. However, because from respective relative organ weights of Alkaline phosphatase, adenosine of study limitations (e.g., incomplete controls. Survival, hematology triphosphatase, and glucose-6- histopathology data and inadequate parameters, and urine parameters tested phosphatase levels in the bile canaliculi statistical analyses), the agency could in the SAIB-treated dogs were also not of the livers in all of the dose groups not determine from the subchronic rat significantly different from controls increased relative to controls. studies whether the liver effects seen in (Ref. 18). Results from the microscopic (light the SAIB-treated rats were caused by the In another subchronic study and electron) analysis of liver tissue treatment with SAIB (Refs. 3, 5, 16, and (Appendices 68 and 69), groups of dogs samples showed dilation of the bile 18). (six per sex per group) were fed dog canaliculi, liver hypertrophy and In order to investigate further the chow containing 0-, 0.5-, 1.0-, 2.0-, or enlargement (males only), increased bile effects of SAIB on liver function in 4.0-percent (equivalent to 0, 0.13, 0.25, pigment granules, increases in the different species, the petitioner 0.50, or 1.0 g/kg bw/d) SAIB for 12 smooth endoplasmic reticula, and performed specific liver function tests weeks followed by a 3-week recovery prominent Golgi bodies in the dogs fed in rats, dogs, monkeys, and humans. period, during which the dogs were fed 2-percent SAIB in the diet (Appendix The results from these tests are a chow diet that did not contain SAIB. 69). In addition, the distribution and discussed in sections II.B.5.a.iii. and During the 12-week treatment period arrangement of the smooth and rough II.B.5.b.ii of this document. and the 3-week recovery period of the endoplasmic reticula were altered in the iii. Specific liver function tests study, the control group received a basal 2-percent SAIB-treated dogs (Ref. 18). (Appendices 75, 76, 78, 80, and 81). BSP chow meal without SAIB. During the In a 91-day study (Appendix 70), a and ICG clearance tests were performed 12-week exposure period, all of the dogs group of five dogs were fed dog chow by the petitioner in rats, dogs, and in this study that were fed SAIB (all containing 5-percent (equivalent to 1.25 monkeys. In these tests, BSP or ICG is doses) exhibited significant increases (3- g/kg bw/d) SAIB. A second group of five administered by injection and the to 7-fold) in serum BSP concentrations dogs served as controls and was fed dog clearance of these dyes from the blood compared to control dogs. BSP retention chow containing 5-percent corn oil for is analyzed spectrophotometrically at data collected during the 3-week the study duration. This study various time intervals up to 48 hours. In recovery period without SAIB showed a demonstrated that SAIB significantly normal subjects, generally 95 percent of reduction in BSP plasma levels in the 4- affected liver function in the five SAIB- the injected dye is cleared from the percent SAIB-treated dogs to levels that treated dogs, causing moderate blood through the liver within 30 were similar to pretest values and those elevations in SAP levels, prolonged ICG minutes. Retention of BSP in the blood seen in control dogs (Appendix 69). clearance, and increases in the absolute is indicative of some form of liver Relative liver weights increased in the and relative liver weights. dysfunction such as hepatic male dogs fed SAIB at levels of 1.0 and Hematological or clinical chemistry degeneration/inflammatory changes, 2.0 percent in the diet; relative liver parameters examined in this study, hepatic fibrosis, hepatic cholestasis, or weights in the 0.5-percent SAIB-treated other than SAP, were not affected by the depressed hepatic blood flow (Refs. 19, males were not different from controls. SAIB treatment (Ref. 3). 20, 21, 22, 23, and 24). Relative liver weights in the SAIB- Based upon the data in the subchronic Rat Tests (Appendices 75 and 76). In treated female dogs (all groups) were not studies in dogs, the agency concludes a 36-day study (Appendix 75), two significantly different from control that SAIB affected liver function in groups of rats (17 males per group) were females. Absolute liver weights were SAIB-treated dogs at all of the tested fed a chow diet containing either 4.0- significantly increased in SAIB-treated dose levels. As noted, the liver effects percent (equivalent to 4.0 g/kg bw) SAIB males at dose levels of 0.5, 1.0, and 2.0 observed in the SAIB-treated dogs were: in 5.0-percent corn oil or only 5.0- percent. Liver weights of the 4.0-percent (1) Increased BSP retention at SAIB percent corn oil. On days 1, 3, 5, 8, 10, male dose group were not analyzed at doses as low as 0.13 g/kg bw/d and up 22, 26, and 36, after the start of these the time that the 1.0 and 2.0-percent to a dose of 1.0 g/kg bw/d, (2) increased diets, 2 rats from each group were male dose groups were analyzed; SAP levels at SAIB doses of 0.05 g/kg selected for ICG clearance testing. ICG instead, this dose group was held for 3 bw/d and higher, (3) increased liver clearance rates in SAIB-treated rats were additional weeks for a recovery phase of weights at doses of 0.13 g/kg bw/d and not significantly different from control the study. At the end of the this 3-week higher, and (4) liver ultrastructural rats at any of the time intervals (Ref. 3). period (recovery phase), absolute and changes in the 0.5 g/kg bw/d dose group In a 7-day study (Appendix 76), 15 relative liver weights of the 4-percent (liver enlargement/hypertrophy, rats (5 males per group) were fed a male dose group were also significantly increased liver glycogen deposition, rodent diet containing 4-percent

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(equivalent to 4.0 g/kg bw/d) SAIB. BSP larger group size than the above 1.0 g/ hematology and clinical chemistry tests clearance was measured in these rats at kg bw monkey study (Appendix 80), were performed on 10 animals prior to 0, 24, and 48 hours posttreatment with FDA concludes that BSP clearance was dosing and on all animals at weeks 27 SAIB. SAIB had no effect on BSP not affected in monkeys that were orally and 53. Histopathological examinations clearance from the liver in these rats gavaged with SAIB as a single dose of were performed on tissue from liver, when fed for 7 days (Ref. 3). 1 or 5 g/kg bw (Ref. 5). kidneys, lungs, and all lesions from all Dog Tests (Appendices 76 and 78). In Based upon FDA’s reviews of these dose groups. Liver sections were also an intermittent dosing study (Appendix liver function tests, the agency processed for electron microscopy. 76), two male and two female dogs were concludes that liver function in dogs A small bw gain decrement (10.3 serially provided, on one dose per week, was clearly affected by SAIB regardless percent) was observed in the high-dose laboratory dog chow ration containing of the doses tested (0.005 to 2.0 g/kg (2.0 g/kg bw/d) SAIB-treated females. SAIB at increasing concentrations of 0.1, bw). From these studies the agency also The mean final bw in the high-dose 0.3, and 0.5 percent (equivalent to dose concludes that liver function was not females was also significantly decreased levels of 0.03, 0.08, or 0.13 g/kg bw). affected in either rats or monkeys at by 6.4 percent, compared to controls. The animals were fed dog chow without SAIB doses up to 5 g/kg bw. However, The decreased bw gain in the high-dose SAIB on days between each dosing. BSP because of the short duration of these females was mostly accounted for by clearance rates for the 4 dogs were studies, the agency was unable to decreased food intake (4-percent evaluated at 24 and 48 hours following determine whether liver function would reduction). BW gains in the SAIB- each dosing. BSP clearance rates were be affected in rats or monkeys upon treated females at the mid and low also measured in each of the dogs prior chronic exposure to SAIB. doses were not different from control to the start of the study to determine In response to this concern of FDA, females. The decreases in bw gain that pretest baseline values. Results from the petitioner conducted two 1-year were sporadically seen in the SAIB- this study showed increased BSP feeding studies (rats and monkeys), in treated males in the short-term studies retention at the 24-hour time interval in which test animals were subjected to were not observed in the males during the dogs at all treatment levels (Ref. 3). specific liver function tests following a this 1-year chronic study. Because the Results from another study in dogs continuous SAIB exposure for 1 year. bw gain decrement observed in the (Appendix 78) showed that BSP Results from these 1-year studies are high-dose females was small, and retention increased (up to seven-fold) in discussed in section II.B.5.b.i of this because it was not observed in either the both male and female dogs administered document. In addition to the 1-year low- or mid- dose females or in treated SAIB as single (oral gavage) doses studies in rats and monkeys, the males, and was partially accounted for ranging from 0.005 g/kg bw to 2.0 g/kg petitioner conducted three human by decreased food intake in females, the bw. Initial increases of BSP levels were clinical studies to investigate whether agency concludes that this effect is not observed within 4 to 6 hours the liver function effect that was toxicologically significant. posttreatment with SAIB (Refs. 2 and 3). consistently demonstrated in SAIB- No differences were observed in BSP Monkey Tests (Appendices 80 and treated dogs could also occur in humans clearance between the SAIB-treated rats 81). In a study (Appendix 80), a group upon oral ingestion of SAIB. Results and the control rats at 23 or 48 weeks. of monkeys (three males) were from the three human clinical studies Other clinical chemistry parameters administered 1.0 g/kg bw of SAIB in are also discussed in section II.B.5.b.ii measured in the SAIB-treated rats at cottonseed oil by gavage as a single of this document. week 53 were comparable to values in dose. A second of group of monkeys b. Studies resolving the altered liver control rats. (three males) received no treatment and function issue. The petitioner performed An increased incidence of high-dose served as controls. After this dosing of two 1-year chronic toxicity studies (rats female rats with hepatocellular SAIB, BSP clearance tests were and monkeys) and the human clinical adenomas (2 out of 19) was observed in performed. The three SAIB-treated studies in an effort to resolve the this study but was not seen in the monkeys were given a second 1.0-g dose concern regarding liver function. These longer-term (2-year) rat carcinogenicity of SAIB after a 7-day rest period investigations are discussed in sections study on SAIB, indicating that this followed by additional BSP clearance II.B.5.b.i. and II.B.5.b.ii. of this effect was not treatment related (see testing. The first SAIB dosings showed document. section II.B.4 of this document). an increase in the BSP level in one of i. One-Year Chronic Toxicity Studies Therefore, the agency concludes that the three treated monkeys, while the (Appendices 83 and 84). The 1-year there are no indications of liver toxicity second SAIB dosing resulted in an chronic toxicity studies were performed or other toxicologically significant increase in the BSP levels in a different in rats and in monkeys in order to effects seen in rats chronically exposed treated monkey (Ref. 3). FDA concluded evaluate any general toxicological to SAIB for 1 year. The NOEL for this that these results are inconclusive effects of SAIB in these animals and to study is 2.0 g/kg bw/d, the highest dose because of the equivocal BSP results investigate whether there were effects tested (Refs. 5, 16, and 25). and the small group sizes. on liver function in rats and monkeys Monkey Study (Appendix 84). In this In another study (Appendix 81), a chronically-exposed to SAIB. study, groups of Cynomolgus monkeys group of monkeys (four males) was Rat Study (Appendix 83). Groups of (four per sex per group; young adults, administered SAIB orally by gavage at a male and female Charles River rats (20 age unknown) were administered SAIB dose of 5 g/kg bw. Another group of four per sex per group) were fed SAIB in the in corn oil by gavage at doses of 0, 0.50, males was gavaged with corn oil and diet at dose levels of 0, 0.5, 1.0, or 2.0 1.45, or 2.40 g/kg bw/d for 1 year. The served as a control group. BSP clearance g/kg bw/d for 52 weeks. The control control group was administered only was tested in the control and SAIB- group was fed the diet minus SAIB for corn oil in a similar manner for the treated monkeys 5 hours after the SAIB the same duration. BSP clearance tests same duration. Ophthalmic, dosing. The group mean BSP level in were performed during weeks 23 and 48 hematological, and clinical chemistry the treated monkeys was comparable to on all control and high-dose rats after an examinations were performed at pretest that in the control group (Ref. 3). Based overnight fast. Ophthalmic and at months 3, 6, 9, and 12 of the upon the results from this study, which examinations were performed at weeks study. BSP clearance tests were tested a higher dose of SAIB and had a 0, 26, and 52 of the study. Selected performed to assess liver function in all

VerDate 06-MAY-99 08:33 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\A04JN0.043 pfrm07 PsN: 04JNR1 29956 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations animals at pretest and at months 3, 6, 9, from control monkeys that would SAIB dose is equivalent to exposures and 12 of the study. Organ weight data indicate an SAIB-induced effect on liver resulting from drinking 4 liters per day (absolute and relative) were collected on function. of a beverage containing SAIB at its brain, thyroid/parathyroid, heart, Based upon FDA’s review of the data assumed maximum allowable use level kidney, liver, testis, spleen, ovary, in this 1-year chronic study, the agency of 300 milligrams/liter (mg/L) (Refs. 5, pituitary, and adrenals for all monkeys concludes that SAIB does not affect the 26, 27, and 28). after week 52 of the study. Macroscopic function or ultrastructure of the liver in c. Agency conclusions regarding and microscopic examinations were monkeys when orally administered at altered liver function issue. During the performed at sacrifice (week 52) on doses up to 2.40 g/kg bw/d for 1 year. initial safety review of SAIB, FDA raised representative tissue from a No other SAIB-related histopathological a concern that, regardless of the tested comprehensive selection of organs. lesions were observed in the SAIB- dose or study duration, treatment- Liver sections from the monkeys in the treated monkeys, nor was there other related liver effects were consistently control and high-dose group were evidence of adverse effects in the SAIB- noted in SAIB-treated dogs. In response processed for electron microscopy. gavaged monkeys at any of the to this concern, the petitioner provided The survival, bw, ophthalmoscopic, administered doses. Therefore, the a significant amount of and hematological data showed no agency has determined that the NOEL pharmacokinetics and metabolism data findings that were toxicologically for this study is 2.40 g/kg bw/d (Refs. 5 on SAIB in various species, including significant or SAIB-related. There were and 17). humans. Based on these data, FDA finds some differences noted between the ii. Human clinical studies that there appear to be greater SAIB-treated and control monkeys for (Appendices 97, 98, and 99). The quantitative differences in the some of the clinical chemistry primary objective of the human clinical absorption and metabolism of SAIB parameters, but these were sporadically studies was to evaluate any potential between dogs and humans than between expressed and thus were not effects of SAIB on liver function in the other tested species and humans. To toxicologically significant. humans when administered as a single evaluate further the significance of the Data from the clinical chemistry daily dose for 14 days. liver effects to the overall safety of SAIB parameters that assessed hepatobiliary In a 14-day study (Appendix 97), for human consumption, the agency function did not reveal any effects that SAIB was administered to 20 human carefully considered the test results could be attributed to the administration subjects (10 per sex) daily as a single with monkeys, a nonhuman primate of SAIB. The percentages of BSP dose of 0.01 g/kg bw/d. In a second 14- species that is phylogenetically closest excretion seen 30 minutes after BSP dye day study (Appendix 98), groups of to humans, as well as liver function data injection in the SAIB-treated monkeys at human subjects (4 per sex) were collected directly from human subjects 3, 6, and 12 months, were similar to administered daily a carbonated in the three clinical studies. those seen in controls at comparable beverage containing SAIB at either a time intervals. There were no dose of 0.007 g/kg bw or 0.20 g/kg bw. Unlike the liver effects seen in SAIB- differences between SAIB-treated A third group (four per sex) served as treated dogs, there was no evidence of monkeys and control monkeys with a control and were administered daily a liver effects in the specific liver function respect to SAP levels, cholesterol, bile carbonated beverage without SAIB. In a tests with monkeys that received acute acids, bilirubin, and gamma glutamyl third 14-day study (Appendix 99), oral doses of SAIB as high as 5 g/kg bw transpeptidase. Organ weight data for groups of 13 human male and 14 human (Appendix 84). Data also demonstrate a SAIB-treated monkeys were comparable female human subjects were lack of treatment-related liver effects in to control monkeys except for some administered daily orange juice monkeys that were exposed occasional differences in the combined containing SAIB at a dose of 0.02 g/kg continuously to SAIB at dose levels up weights of the thyroid and parathyroid bw/d . In each of these clinical studies, to 2.4 g/kg bw/d over a 1-year treatment glands (absolute and relative) in the hematology and clinical chemistry period. Importantly, this dose level of low- and mid-dose male monkeys and parameters were measured prior to the 2.4 g/kg bw/d is nearly one thousand in the absolute and relative ovary SAIB dosing on day 0, during the study fold the anticipated 90th percentile weights in high-dose female monkeys. on day 7, and at the end of the study human exposure of SAIB in the daily The liver weights (absolute or relative on day 14 or 18. BSP clearance tests diet. weights) of the dosed monkeys were not were performed prior to the SAIB FDA’s review of the human clinical different from the liver weights in dosing and postdosing on day 15. studies (Appendices 97, 98, and 99) control monkeys. The agency concludes None of these studies showed any further support the agency’s conclusion that none of these changes are SAIB-related abnormalities in any of the regarding the significance of the liver toxicologically significant. hematology or clinical chemistry effects. In all three clinical studies, no Electron micrographs of liver tissue parameters measured in these studies, SAIB-induced effects on liver function from the SAIB-treated monkeys (high- including those clinical chemistry were observed in either male or female dose group, four per sex) showed no parameters that assessed hepatobiliary subjects. While the duration of the difference from controls in the quantity function (i.e., SAP levels, alanine amino human studies was relatively short (14 of smooth endoplasmic reticulum in transferase, aspartate amino transferase, days), the highest dose used (0.02 g/kg their livers. Compared to the controls, lactate dehydrogenase, gamma glutamyl bw/d) provided reasonable assurance, in there were no ultrastructural changes in transferase, bile acids, and total conjunction with the chronic monkey either the mitochondria or their bilirubin). BSP retention in all of the study data (Appendix 84), that the liver associated rough and smooth SAIB-treated human subjects was effects seen in SAIB-treated dogs will endoplasmic reticula or any evidence of normal compared to pretest values or not occur in humans that ingest SAIB. peroxisomal proliferation in the liver of control values. The highest dose tested in the human the SAIB-treated monkeys. Based upon Based upon the data in these studies, clinical studies is equivalent to an these findings, the agency concludes the agency concludes that SAIB is not exposure resulting from the drinking 4 that there was no evidence of toxic in humans and does not induce L/d of a beverage containing SAIB at its abnormalities in the livers of the SAIB- liver toxicity at doses up to 0.02 g/kg proposed maximum allowable use level treated monkeys compared to livers bw/day for 14 days. The 0.02 g/kg bw of 300 mg/L.

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Based upon FDA’s reviews of the and Applied Nutrition by appointment 13. Memorandum from Welsh, Additives nonhuman primate data and the direct with the information contact person Evaluation Branch #2, to Whiteside, # human data provided in the SAIB data listed above. As provided in § 171.1(h), Additives Evaluations Branch 2, FDA, base, the agency concludes that the liver the agency will delete from the August 28, 1995. 14. Memorandum from Whiteside, Division function effect seen in SAIB-treated documents any materials that are not of Health Effects Evaluation, to Lorentzen, dogs is not determinative of the overall available for public disclosure before Cancer Assessment Committee, FDA, March safety evaluation of SAIB for human making the documents available for 18, 1997. consumption. The agency further inspection. 15. Memorandum of Conference, Cancer concludes that there is reasonable Assessment Committee Meeting, FDA, certainty that the adverse liver effects IV. Environmental Effects October 28, 1996. seen in the SAIB-treated dogs will not The agency has determined under 21 16. Memorandum from Raffaele, Additives CFR 25.32(k) that this action is of a type Evaluations Branch #2, to Whiteside, occur in humans that consume SAIB at # the anticipated levels of dietary intake. that does not individually or Additives Evaluations Branch 2, FDA, June cumulatively have a significant effect on 23, 1994. C. Acceptable Daily Intake for SAIB 17. Memorandum from Whiteside, the human environment. Therefore, Additives Evaluation Branch #2, to As discussed in section II.B.5.c of this neither an environmental assessment Anderson, Direct Additives Branch, FDA, document, FDA has relied on the nor an environmental impact statement March 23, 1994. monkey and human data to resolve is required. 18. Memorandum from Whiteside, questions concerning the altered liver Additives Evaluation Branch #2, to function observed in SAIB-treated dogs. V. Paperwork Reduction Act of 1995 Anderson, Direct Additives Branch, FDA, To support the overall safety of SAIB for This final rule contains no collection August 20, 1993. human consumption and to establish an of information. Therefore, clearance by *19. Cornelius, C. E., ‘‘Liver Function,’’ ADI, FDA has relied on data from rat the Office of Management and Budget Clinical Biochemistry of Domestic Animals, C. E. Cornelius and J. J. Kaneko, eds. studies of SAIB because the most under the Paperwork Reduction Act of Academic Press, pp. 251–264, 1963. complete toxicological profile of SAIB 1995 is not required. *20. Cornelius, C. E., et al., ‘‘An assessment was established in this rodent species. VI. References of hepatic function in rhesus and squirrel The rat studies in the SAIB data base monkeys,’’ Veterinary Medicine/Small assess both the potential carcinogenicity The following references have been Animal Clinicals, 78: 1885–1888, 1983. and the reproductive/developmental placed on display in the Dockets *21. Cornelius, C. E., ‘‘Liver Function,’’ toxicity of SAIB. In addition, because of Management Branch (address above) Clinical Biochemistry of Domestic Animals, their duration and size, the chronic rat and may be seen by interested persons 4th ed. Jiro J. Kaneko, Ed., Academic Press, studies had greater sensitivity and thus, between 9 a.m. and 4 p.m., Monday Inc., pp. 375–379, 391–397,1989. through Friday. Note: References with *22. Poutsiaka, et al., ‘‘Simultaneous were more likely to manifest treatment- Determination in Dogs of Liver and Kidney related chronic effects. Furthermore, the an asterisk are not on display; they are Functions with Bromosulfalein and available absorption and metabolism available generally because they are Phenolsulfonephthalein,’’ Toxicology and data demonstrated substantial published articles or books. Applied Pharmacology, 4:55, 1962. similarities, both qualitative and 1. Memorandum, from DiNovi, Division of *23. Krasavage, et al., ‘‘Indocyanine Green quantitative, between rats and humans Product Manufacture and Use, to Anderson, Testing,’’ Proceedings Society for Direct Additives Branch, FDA, July 31, 1991. in the metabolic handling of SAIB Experimental Biology of Medicine, 119: 215, 2. Memorandum from Taylor, Additives 1965. following oral ingestion. Evaluation Branch, to McLaughlin, Direct Based on the 1- and 2-year rat studies, *24. Bonasch, H. and C. E. Cornelius, Additives Branch, FDA, November 4, 1985. ‘‘Indocyanine Green: A Liver Function Test FDA determined that the highest dose 3. Memorandum from Pellicore, Additives for the Dog,’’ American Journal of Veterinary tested in both studies (2.0 g/kg bw/d) Evaluation Branch, to Anderson, Direct Research, 25: 254–59, 1964. was the NOEL for SAIB. Based on this Additives Branch, FDA, September 29, 1992. 25. Memorandum from Alam, Pathology NOEL and the use of a safety factor of 4. Memorandum from Pellicore, Additives Branch, to Anderson, Novel Ingredients 100, FDA calculated an ADI of 0.02 g/ Evaluation Branch, to Anderson, Novel Branch, FDA, July 10, 1997. Ingredients Branch, FDA, February 5, 1993. kg bw/d or 1.20 g/p/d for SAIB (Ref. 5). 26. Memorandum from Hotta, Clinical 5. Memorandum from Whiteside, Division Nutrition Branch, to Blendermann, Division The EDI exposure for SAIB is 0.17 g/p/ of Health Effects Evaluation, to Anderson, d (90th percentile, all ages) which is 14 of Nutrition, FDA, December 31, 1986. Division of Product Policy, FDA, August 27, 27. Memorandum from Calvert, Clinical percent of the ADI calculated for the 1998. Nutrition Branch, to Anderson, Novel additive. 6. Memorandum from Donnely, Genetic Ingredients Branch, FDA, January 21, 1992. Toxicity Branch, to Dunkel, Genetic Toxicity III. Conclusion 28. Memorandum from Calvert, Clinical Branch, FDA, September 23, 1985. Nutrition Branch, to Anderson, Novel Based on all the SAIB data reviewed 7. Memorandum from Prival, Additives Ingredients Branch, FDA, September 2, 1993. Evaluation Branch #1, to Whiteside, by the agency, FDA concludes that there # is a reasonable certainty that no harm Additives Evaluations Branch 2, FDA, VI. Objections March 14, 1996. Any person who will be adversely will result from the use of SAIB as an 8. Memorandum from Moreland, Genetic emulsion stabilizer for flavoring oils in Toxicity Branch, FDA, August 12, 1985. affected by this regulation may at any nonalcoholic beverages, and thus, SAIB 9. Memorandum from Lavappa, Genetic time on or before July 6, 1999, file with is safe for its proposed use. Therefore, Toxicity Branch, to Chief, Genetic Toxicity the Dockets Management Branch the agency concludes that the food Branch, FDA, September 9, 1985. (address above) written objections additive regulations should be amended 10. Memorandum from Bradlaw, Genetic thereto. Each objection shall be as set forth in this document. Toxicity Branch, to Dunkel, Genetic Toxicity separately numbered, and each In accordance with § 171.1(h) (21 CFR Branch, FDA, May 24, 1985. numbered objection shall specify with 171.1(h)), the petition and the 11. Memorandum from Bradlaw, Genetic particularity the provisions of the Toxicity Branch, to Dunkel, Genetic Toxicity documents that FDA considered and Branch, FDA, August 15, 1985. regulation to which objection is made relied upon in reaching its decision to 12. Memorandum from Bradlaw, Genetic and the grounds for the objection. Each approve the petition are available for Toxicity Branch, to Lin, Additives Evaluation numbered objection on which a hearing inspection at the Center for Food Safety Branch, FDA, September 6, 1989. is requested shall specifically so state.

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Failure to request a hearing for any ‘‘Compendium of Food Additive this chapter) of emulsions of flavoring particular objection shall constitute a Specifications, Addendum 4, Food and oils in nonalcoholic beverages. waiver of the right to a hearing on that Agriculture Organization of the United (d) The total SAIB content of a objection. Each numbered objection for Nations (FAO), Food and Nutrition beverage containing the additive does which a hearing is requested shall Paper 5, Revision 2’’ (1991), pp. 203 and not exceed 300 milligrams/kilogram of include a detailed description and 204, which is incorporated by reference, the finished beverage. analysis of the specific factual in accordance with 5 U.S.C. 552(a) and Dated: May 27, 1999. information intended to be presented in 1 CFR part 51. Copies are available from William K. Hubbard, support of the objection in the event the Office of Premarket Approval, Associate Commissioner for Policy that a hearing is held. Failure to include Center for Food Safety and Applied Coordination. such a description and analysis for any Nutrition (HFS–200), Food and Drug [FR Doc. 99–14147 Filed 6–3–99; 8:45 am] particular objection shall constitute a Administration, 200 C St. SW., waiver of the right to a hearing on the Washington, DC 20204, or may be BILLING CODE 4160±01±F objection. Three copies of all documents examined at the Center for Food Safety shall be submitted and shall be and Applied Nutrition’s Library, 200 C identified with the docket number St. SW., rm. 3321, Washington, DC, or ENVIRONMENTAL PROTECTION found in brackets in the heading of this at the Office of the Federal Register, 800 AGENCY document. Any objections received in North Capitol St. NW., suite 700, response to the regulation may be seen Washington, DC. 40 CFR Part 52 in the Dockets Management Branch (3) Acid value: Not to exceed 0.20 [AL±40±2±9909a; FRL±6352±5] between 9 a.m. and 4 p.m., Monday determined using 50 grams of sample by through Friday. the ‘‘Guide to Specifications for General Approval and Promulgation of Notices, General Analytical Techniques, Implementation Plans; Alabama List of Subjects in 21 CFR Part 172 Identification Tests, Test Solutions, and Food additives, Incorporation by Other Reference Materials,’’ in the AGENCY: Environmental Protection reference, Reporting and recordkeeping ‘‘Compendium of Food Additive Agency (EPA). requirements. Specifications, Addendum 4, FAO Food ACTION: Direct final rule. Therefore, under the Federal Food, and Nutrition Paper 5, Revision 2,’’ p. SUMMARY: Drug, and Cosmetic Act and under 189 (1991), which is incorporated by The EPA is approving a State authority delegated to the Commissioner reference; see paragraph (b)(2) of this Implementation Plan (SIP) revision for of Food and Drugs, 21 CFR part 172 is section for availability of the the State of Alabama. This revision amended as follows: incorporation by reference. consists of the 1990 base year ozone emission inventory for the Birmingham (4) Lead: Not to exceed 1.0 PART 172ÐFOOD ADDITIVES marginal ozone nonattainment area. The milligrams/kilogram determined by the PERMITTED FOR DIRECT ADDITION inventory was submitted to satisfy a ‘‘Atomic Absorption TO FOOD FOR HUMAN Clean Air Act (CAA) requirement that Spectrophotometric Graphite Furnace CONSUMPTION states containing ozone nonattainment Method, Method I,’’ in the ‘‘Food areas submit inventories of actual ozone Chemicals Codex,’’ 4th ed. (1996), pp. 1. The authority citation for 21 CFR precursor emissions in accordance with 763 and 764, with an attached part 172 continues to read as follows: guidance from the EPA. modification to the sample digestion Authority: 21 U.S.C. 321, 341, 342, 348, DATES: This direct final rule is effective 371, 379e. section in Appendix III.B (July 1996), which is incorporated by reference. August 3, 1999 without further notice, 2. Section 172.833 is added to subpart Copies are available from the National unless EPA receives adverse comment I to read as follows: Academy Press, 2101 Constitution Ave. by July 6, 1999. If adverse comment is NW., Box 285, Washington, DC 20055 received, EPA will publish a timely § 172.833 Sucrose acetate isobutyrate withdrawal of the direct final rule in the (SAIB). (Internet ‘‘http://www.nap.edu’’), or may be examined at the Center for Food Federal Register and inform the public Sucrose acetate isobutyrate may be that the rule will not take effect. safely used in foods in accordance with Safety and Applied Nutrition’s Library, ADDRESSES: All comments should be the following prescribed conditions: 200 C St. SW., rm. 3321, Washington, addressed to Joey LeVasseur at the EPA, (a) Sucrose acetate isobutyrate (CAS DC, or at the Office of the Federal Region 4 Air Planning Branch, 61 Reg. No. 27216–37–1), or SAIB, is the Register, 800 North Capitol St. NW., Forsyth Street, SW, Atlanta, Georgia chemical alpha-D-glucopyranoside, O- suite 700, Washington, DC. 30303. acetyl-tris-O-(2-methyl-1-oxopropyl)- (5) Triacetin: Not to exceed 0.10 Copies of the state submittal are beta-D-fructofuranosyl, acetate tris(2- percent determined by gas available at the following addresses for methyl propanoate). chromatography as described in the (b) SAIB, a pale, straw-colored liquid, ‘‘Guide to Specifications for General inspection during normal business meets the following specifications: Notices, General Analytical Techniques, hours: The interested persons wanting (1) Assay: Not less than 98.8 percent Identification Tests, Test Solutions, and to examine these documents should and not more than 101.9 percent, based Other Reference Materials,’’ in the make an appointment with the on the following formula: ‘‘Compendium of Food Additive appropriate office at least 24 hours Assay = ((SV 0.10586) ÷ 56.1) x 100 Specifications, Addendum 4, FAO Food before the visiting day. Reference file Where SV = Saponification value and Nutrition Paper 5, Revision 2’’ AL–40–2–9909. The Region 4 office may (2) Saponification value: 524–540 (1991), pp. 13–26, which is incorporated have additional background documents determined using 1 gram of sample by by reference; see paragraph (b)(2) of this not available at the other locations. the ‘‘Guide to Specifications for General section for availability of the Environmental Protection Agency, Notices, General Analytical Techniques, incorporation by reference. Atlanta Federal Center, Region 4 Air Identification Tests, Test Solutions, and (c) The food additive is used as a Planning Branch, 61 Forsyth Street Other Reference Materials,’’ in the stabilizer (as defined in § 170.3(o)(8) of SW, Atlanta, Georgia 30303–3104.

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Alabama Department of Environmental current inventory of actual ozone 4. The state must have prepared or Management, 1751 Congressman W. season, weekday emissions from all calculated the point source emissions L. Dickinson Drive, Montgomery, sources within 2 years of enactment according to the current EPA guidance. Alabama 36109. (November 15, 1992). This inventory is 5. The area source inventory must be FOR FURTHER INFORMATION CONTACT: Joey for calendar year 1990 and is denoted as complete. LeVasseur at 404/562–9035 or E-mail the base year inventory. It includes both 6. The state must have prepared or ([email protected]). anthropogenic and biogenic sources of calculated the area source emissions SUPPLEMENTARY INFORMATION: Alabama volatile organic compounds (VOC), according to the current EPA guidance. submitted its 1990 base year emission nitrogen oxides (NOX), and carbon 7. The state must have prepared the inventory of ozone precursors to the monoxide (CO). The inventory is to biogenic emissions according to the EPA on November 13, 1992. address actual VOC, NOX, and CO current EPA guidance or another emissions for the area during the ozone approved technique. I. Background Information season, which is generally comprised of 8. The method (e.g., Highway Under the CAA as amended in 1990, the summer months. All stationary Performance Modeling System or a states have the responsibility to point and area sources, as well as network transportation planning model) inventory emissions contributing to mobile sources within the used to develop vehicle miles traveled nonattainment of a National Ambient nonattainment area, are to be included (VMT) estimates must follow EPA Air Quality Standard (NAAQS), to track in the compilation. Guidance for guidance, which is detailed in the these emissions over time, and to ensure preparing emission inventories is document, ‘‘Procedures for Emission that control strategies are being provided in the General Preamble (57 Inventory Preparation, Volume IV: implemented that reduce emissions and FR 13498 (April 16, 1992)). Mobile Sources,’’ U.S. Environmental Protection Agency, Office of Mobile move areas towards attainment. The II. Analysis of State Submission 1990 base year emissions inventory is Sources and Office of Air Quality the primary inventory from which the A. Procedural Background Planning and Standards, Ann Arbor, Michigan, and Research Triangle Park, periodic inventory, the Reasonable The CAA requires states to observe North Carolina, December 1992. Further Progress (RFP) projection certain procedural requirements in 9. The state correctly used The inventory, and the modeling inventory developing emission inventory MOBILE model to produce emission are derived. Further information on submissions to the EPA. Section factors for each of the vehicle classes. these inventories and their purpose can 110(a)(2) of the CAA provides that each 10. The state prepared the Non-road be found in the ‘‘Emission Inventory emission inventory submitted by a state mobile emissions according to current Requirements for Ozone State must be adopted after reasonable notice EPA guidance for all of the source Implementation Plans,’’ U.S. and public hearing. Also section categories. Environmental Protection Agency, 172(c)(7) of the CAA requires that plan The emission inventory prepared by Office of Air Quality Planning and provisions for nonattainment areas meet Alabama meets the ten criteria. Standards, Research Triangle Park, the applicable provisions of section Documentation of the EPA’s evaluation, North Carolina, March 1991. The base 110(a)(2). including details of the review year inventory may also serve as part of On November 13, 1992, the State of procedure, is contained within the statewide inventories for purposes of Alabama submitted to the EPA as a SIP technical support document prepared regional modeling in transport areas. revision the 1990 base year inventory for the Alabama 1990 base year The base year inventory plays an for the Birmingham marginal ozone inventory, which is available to the important role in modeling nonattainment area. demonstrations for nonattainment areas. public as part of the docket supporting The air quality planning requirements B. Emission Inventory Review this action. for marginal to extreme ozone Section 110(k) of the CAA sets out Alabama has submitted a complete nonattainment areas are set out in provisions governing the EPA’s review inventory containing point, area, mobile section 182(a)–(e) of title I of the 1990 of base year emission inventory and biogenic source data, and amendments to the CAA (title I). The submittals in order to determine accompanying documentation. EPA has issued a General Preamble approval or disapproval under section Emissions from these sources are describing the EPA’s preliminary views 182(a)(1) (see 57 FR 13565–13566 (April presented in the following table. on how the Agency intends to review 16, 1992)). This section outlines the SIP revisions submitted under title I, review procedures performed to EMISSION INVENTORY SUMMARY FOR including requirements for the determine if the base year emission 1990 preparation of the 1990 base year inventories are acceptable. For a base [Tons per day] inventory (see 57 FR 13502 (April 16, year emission inventory to be acceptable 1992) and 57 FR 18070 (April 28, it must pass all of the following VOC NOX CO 1992)). In this action, EPA will rely on acceptance criteria. Point ...... 61.83 408.98 179.87 the General Preamble’s interpretation of 1. The state provided an approved Area ...... 59.18 54.38 42.57 the CAA, and the reader should refer to Inventory Preparation Plan (IPP) and Mobile ... 94.23 60.34 585.11 the General Preamble for a more performed the Quality Assurance Biogenic 200.29 NA NA detailed discussion of the program contained in the IPP and interpretations of title I advanced in documented its implementation. Total 415.53 523.70 807.55 today’s rule and the supporting 2. The state provided adequate rationale. documentation that enabled the Alabama has satisfied all of the EPA’s Those states containing ozone reviewer to determine the emission requirements for providing a nonattainment areas classified as estimation procedures and the data comprehensive, accurate, and current marginal to extreme are required under sources used to develop the inventory. inventory of actual ozone precursor section 182(a)(1) of the CAA to submit 3. The point source inventory must be emissions in the Birmingham marginal a final, comprehensive, accurate, and complete. ozone nonattainment area. The

VerDate 06-MAY-99 08:33 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\A04JN0.031 pfrm07 PsN: 04JNR1 29960 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations inventory is complete and approvable description of the extent of EPA’s prior EPA has reason to believe may have a according to the criteria set out in the consultation with representatives of disproportionate effect on children. If November 12, 1992, memorandum from affected State, local and tribal the regulatory action meets both criteria, J. David Mobley, Chief Emission governments, the nature of their the Agency must evaluate the Inventory Branch, TSD to G.T. Helms, concerns, copies of any written environmental health or safety effects of Chief Ozone Carbon Monoxide communications from the governments, the planned rule on children, and Programs Branch, AQMD. In today’s and a statement supporting the need to explain why the planned regulation is final action, the EPA is approving the issue the regulation. In addition, preferable to other potentially effective SIP 1990 base year ozone emission Executive Order 12875 requires EPA to and reasonably feasible alternatives inventory submitted by the State for the develop an effective process permitting considered by the Agency. Birmingham area as meeting the elected officials and other This rule is not subject to E.O. 13045 requirements of section 182(a)(1) of the representatives of State, local and tribal because it does not involve decisions CAA. governments ‘‘to provide meaningful intended to mitigate environmental and timely input in the development of health or safety risks. Final Action regulatory proposals containing E. Regulatory Flexibility Act EPA is approving the aforementioned significant unfunded mandates.’’ emissions inventory into the Alabama Today’s rule does not create a The Regulatory Flexibility Act (RFA) SIP. The EPA is publishing this rule mandate on State, local or tribal generally requires an agency to conduct without prior proposal because the governments. The rule does not impose a regulatory flexibility analysis of any Agency views this as a noncontroversial any enforceable duties on these entities. rule subject to notice and comment rulemaking requirements unless the submittal and anticipates no adverse C. Executive Order 13084 comments. However, in the proposed agency certifies that the rule will not rules section of this Federal Register Under Executive Order 13084, EPA have a significant economic impact on publication, EPA is publishing a may not issue a regulation that is not a substantial number of small entities. separate document that will serve as the required by statute, that significantly or Small entities include small businesses, proposal to approve the SIP revision uniquely affects the communities of small not-for-profit enterprises, and should adverse comments be filed. This Indian tribal governments, and that small governmental jurisdictions. This rule will be effective August 3, 1999 imposes substantial direct compliance final rule will not have a significant without further notice unless the costs on those communities, unless the impact on a substantial number of small Agency receives adverse comments by Federal government provides the funds entities because SIP approvals under July 6, 1999. necessary to pay the direct compliance section 110 and subchapter I, part D of the CAA do not create any new If the EPA receives such comments, costs incurred by the tribal requirements but simply approve EPA will publish a document governments, or EPA consults with requirements that the State is already withdrawing the final rule and those governments. If EPA complies by imposing. Therefore, because the informing the public that the rule will consulting, Executive Order 13084 Federal SIP approval does not create not take effect. All public comments requires EPA to provide to the Office of any new requirements, I certify that this received will then be addressed in a Management and Budget, in a separately action will not have a significant subsequent final rule based on the identified section of the preamble to the economic impact on a substantial proposed rule. The EPA will not rule, a description of the extent of EPA’s number of small entities. Moreover, due institute a second comment period. prior consultation with representatives to the nature of the Federal-State Parties interested in commenting should of affected tribal governments, a relationship under the CAA, preparation do so at this time. If no such comments summary of the nature of their concerns, of flexibility analysis would constitute are received, the public is advised that and a statement supporting the need to Federal inquiry into the economic this rule will be effective on August 3, issue the regulation. In addition, reasonableness of state action. The 1999 and no further action will be taken Executive Order 13084 requires EPA to Clean Air Act forbids EPA to base its on the proposed rule. develop an effective process permitting elected officials and other actions concerning SIPs on such III. Administrative Requirements representatives of Indian tribal grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255–66 (1976); 42 A. Executive Order 12866 governments ‘‘to provide meaningful and timely input in the development of U.S.C. 7410(a)(2). The Office of Management and Budget regulatory policies on matters that F. Unfunded Mandates (OMB) has exempted this regulatory significantly or uniquely affect their action from Executive Order (E.O.) communities.’’ Under section 202 of the Unfunded 12866, entitled ‘‘Regulatory Planning Today’s rule does not significantly or Mandates Reform Act of 1995 and Review.’’ uniquely affect the communities of (‘‘Unfunded Mandates Act’’), signed into law on March 22, 1995, EPA must B. Executive Order 12875 Indian tribal governments. Accordingly, the requirements of section 3(b) of prepare a budgetary impact statement to Under Executive Order 12875, EPA Executive Order 13084 do not apply to accompany any proposed or final rule may not issue a regulation that is not this rule. that includes a Federal mandate that required by statute and that creates a may result in estimated annual costs to mandate upon a State, local or tribal D. Executive Order 13045 State, local, or tribal governments in the government, unless the Federal Protection of Children from aggregate; or to private sector, of $100 government provides the funds Environmental Health Risks and Safety million or more. Under section 205, necessary to pay the direct compliance Risks (62 FR 19885, April 23, 1997), EPA must select the most cost-effective costs incurred by those governments, or applies to any rule that: (1) Is and least burdensome alternative that EPA consults with those governments. If determined to be ‘‘economically achieves the objectives of the rule and EPA complies by consulting, Executive significant’’ as defined under E.O. is consistent with statutory Order 12875 requires EPA to provide to 12866, and (2) concerns an requirements. Section 203 requires EPA the Office of Management and Budget a environmental health or safety risk that to establish a plan for informing and

VerDate 06-MAY-99 08:33 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\A04JN0.032 pfrm07 PsN: 04JNR1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations 29961 advising any small governments that report containing this rule and other List of Subjects in 40 CFR Part 52 may be significantly or uniquely required information to the U.S. Senate, Environmental protection, Air impacted by the rule. the U.S. House of Representatives, and pollution control, Carbon monoxide, EPA has determined that the approval the Comptroller General of the United Hydrocarbons, Nitrogen dioxide, Ozone, action promulgated does not include a States prior to publication of the rule in Reporting and recordkeeping Federal mandate that may result in the Federal Register. This rule is not a requirements. estimated annual costs of $100 million ‘‘major’’ rule as defined by 5 U.S.C. Dated: March 30, 1999. or more to either State, local, or tribal 804(2). governments in the aggregate, or to the A. Stanley Meiburg, private sector. This Federal action H. Petitions for Judicial Review Acting Regional Administrator, Region 4. approves pre-existing requirements Under section 307(b)(1) of the Clean 40 CFR part 52 is amended as follows: under State or local law, and imposes Air Act, petitions for judicial review of no new requirements. Accordingly, no PART 52Ð[AMENDED] additional costs to State, local, or tribal this action must be filed in the United 1. The authority citation for part 52 governments, or to the private sector, States Court of Appeals for the continues to read as follows: result from this action. appropriate circuit by August 3, 1999. Filing a petition for reconsideration by Authority: 42 U.S.C. 7401–7641q. G. Submission to Congress and the the Administrator of this final rule does Comptroller General not affect the finality of this rule for the Subpart BÐAlabama The Congressional Review Act, 5 purposes of judicial review nor does it 2. Section 52.50 is amended by U.S.C. 801 et seq., as added by the Small extend the time within which a petition revising the word ‘‘Delaware’’ in Business Regulatory Enforcement for judicial review may be filed, and paragraph (a) to read ‘‘Alabama’’ and by Fairness Act of 1996, generally provides shall not postpone the effectiveness of adding a new paragraph (e) to read as that before a rule may take effect, the such rule or action. This action may not follows: agency promulgating the rule must be challenged later in proceedings to submit a rule report, which includes a enforce its requirements. (See section § 52.50 Identification of plan. copy of the rule, to each House of the 307(b)(2).) * * * * * Congress and to the Comptroller General (e) EPA-approved Alabama non- of the United States. EPA will submit a regulatory provisions.

Provision State effective date EPA approval date Federal Register notice Comments

Birmingham 1990 Baseline Emissions Inventory November 13, 1992 .. June 4, 1999 ...... [Insert cite of publication].

[FR Doc. 99–13944 Filed 6–3–99; 8:45 am] the withdrawal will be published in the (i.e., pollutants for which National BILLING CODE 6560±50±P Federal Register. Ambient Air Quality Standards ADDRESSES: Written comments should (NAAQS) are set pursuant to sections be addressed to: Joey LeVasseur, EPA 108 and 109 of the Act) or hazardous air ENVIRONMENTAL PROTECTION Region 4, Air Planning Branch, 61 pollutants (HAPs) regulated under AGENCY Forsyth Street, SW, Atlanta, Georgia section 112 of the Act. As required by 30303–8960. Copies of materials section 111(d) of the Act, EPA 40 CFR Part 62 submitted to EPA may be examined established a process at 40 CFR part 60, [FL±79±9918a; FRL±6352±7] during normal business hours at the subpart B, which states must follow in following locations: adopting and submitting a section Approval and Promulgation of State EPA Region 4, Atlanta Federal Center, 111(d) plan. Whenever EPA Plans For Designated Facilities and 61 Forsyth Street, SW, Atlanta, Georgia promulgates a new source performance Pollutants: Florida 30303–8960. standard (NSPS) that controls a AGENCY: Environmental Protection Florida Department of Environmental designated pollutant, EPA establishes Agency. Protection, Air Resources Management EG in accordance with 40 CFR 60.22 Division, Twin Towers Office Building, which contain information pertinent to ACTION: Direct final rule. 2600 Blair Stone Road, Tallahassee, the control of the designated pollutant SUMMARY: The United States Florida 32399–2400. from that NSPS source category (i.e., the Environmental Protection Agency (EPA) FOR FURTHER INFORMATION CONTACT: Joey ‘‘designated facility’’ as defined at 40 is approving the section 111(d) Plan LeVasseur at (404) 562–9035 or Scott CFR 60.21(b)). Thus, a state, local, or submitted by the Florida Department of Davis at (404) 562–9127. tribal agency’s section 111(d) plan for a Environmental Protection (DEP) for the SUPPLEMENTARY INFORMATION: designated facility must comply with State of Florida on October 28, 1998, for the EG for that source category as well implementing and enforcing the I. Background as 40 CFR part 60, subpart B. Emissions Guidelines (EG) applicable to Under section 111(d) of the Clean Air On March 12, 1996, EPA published existing Municipal Solid Waste (MSW) Act (Act), EPA has established EG for existing MSW landfills at 40 CFR Landfills. See 40 CFR part 60, subpart procedures whereby states submit plans part 60, subpart Cc (40 CFR 60.30c Cc. to control certain existing sources of through 60.36c) and NSPS for new DATES: This final rule is effective on ‘‘designated pollutants.’’ Designated MSW Landfills at 40 CFR part 60, August 3, 1999 unless significant, pollutants are defined as pollutants for subpart WWW (40 CFR 60.750 through material, and adverse comments are which a standard of performance for 60.759). (See 61 FR 9905–9944.) The received by July 6, 1999. If such adverse new sources applies under section 111, pollutants regulated by the NSPS and comments are received, timely notice of but which are not ‘‘criteria pollutants’’ EG are MSW landfill emissions, which

VerDate 06-MAY-99 08:33 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\A04JN0.033 pfrm07 PsN: 04JNR1 29962 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations contain a mixture of volatile organic the basis by EPA for review of this least as protective as the Federal compounds (VOCs), other organic section 111(d) Plan submittal. requirements contained in subpart Cc compounds, methane, and HAPs. VOC This action approves the section for existing MSW landfills. emissions can contribute to ozone 111(d) Plan submitted by the Florida In section 2.0 of the Plan, the Florida formation which can result in adverse DEP for the State of Florida to DEP cites all emission limitations for effects to human health and vegetation. implement and enforce subpart Cc. the major pollutant categories related to the designated sites and facilities. These The health effects of HAPs include II. Discussion cancer, respiratory irritation, and limitations in Rule 62-204.800(8)(c) are damage to the nervous system. Methane The Florida DEP submitted to EPA on approved as being at least as protective emissions contribute to global climate October 28, 1998, the following in their as the Federal requirements contained change and can result in fires or section 111(d) Plan for implementing in subpart Cc for existing MSW explosions when they accumulate in and enforcing the emission guidelines landfills. structures on or off the landfill site. To for existing MSW landfills in the State In section 3.0 and 4.0 of the Plan, the determine whether control is required, of Florida: Legal Authority; Enforceable Florida DEP submitted a source and nonmethane organic compounds Mechanisms; MSW Landfill Source and emission inventory of all designated (NMOCs) are measured as a surrogate Emission Inventory; Emission Limits; pollutants for each MSW landfill in the for MSW landfill emissions. Thus, Review and Approval Process for State of Florida. This portion of the Plan NMOC is considered the designated Collection and Control System Design has been reviewed and approved as pollutant. The designated facility which Plans; Compliance Schedules; Testing, meeting the Federal requirements for is subject to the EG is each existing Monitoring, Recordkeeping and existing MSW landfills. MSW landfill (as defined in 40 CFR Reporting Requirements; Demonstration Section 5.0 of the Florida State Plan That the Public Had Adequate Notice 60.32c) for which construction, describes the process that Florida DEP and Public Hearing Record; Submittal of reconstruction or modification was will utilize for the review of site-specific Progress Reports to EPA; and applicable commenced before May 30, 1991. design plans for gas collection and State of Florida statutes and rules of the control systems. The process outlined in Pursuant to 40 CFR 60.23(a), states FAC. the Plan meets the Federal requirements were required to either: (1) submit a The approval of the Florida State Plan contained in subpart Cc for existing plan for the control of the designated is based on finding that: (1) The Florida MSW landfills. pollutant to which the EG applies; or (2) DEP provided adequate public notice of In section 5.0 of the Plan, the Florida submit a negative declaration if there public hearings for the proposed DEP cites the compliance schedules were no designated facilities in the state rulemaking which allows the Florida adopted in Rule 62–204.800(8)(c) for within nine months after publication of DEP to implement and enforce the EG each existing MSW landfill to be in the EG (by December 12, 1996). for MSW landfills; and (2) the Florida compliance within 30 months of the EPA has been involved in litigation DEP also demonstrated legal authority designated date of December 31, 1996, over the requirements of the MSW to adopt emission standards and in their implementing regulation. These landfill EG and NSPS since the summer compliance schedules applicable to the compliance times for affected MSW of 1996. On November 13, 1997, EPA designated facilities; enforce applicable landfills will be no later than June 30, issued a notice of proposed settlement laws, regulations, standards and 1999, and address the required in National Solid Wastes Management compliance schedules; seek injunctive compliance time lines of the EG. This Association v. Browner, et.al, No. 96– relief; obtain information necessary to portion of the Plan has been reviewed 1152 (D.C. Cir), in accordance with determine compliance; require and approved as being at least as section 113(g) of the Act. See 62 FR recordkeeping; conduct inspections and protective as Federal requirements for 60898. It is important to note that the tests; require the use of monitors; existing MSW landfills. proposed settlement does not vacate or require emission reports of owners and Section 6.0 of the Florida State Plan void the existing MSW landfill EG or operators; and make emission data includes its legal authority to require NSPS. Pursuant to the proposed publicly available. owners and operators of designated settlement agreement, EPA published a In section 1.0 and Appendix B of the facilities to maintain records and report direct final rulemaking on June 16, Plan, the Florida DEP cites the following to their agency the nature and amount 1998, in which EPA is amending 40 CFR references for the legal authority: of emissions and any other information part 60, subparts Cc and WWW, to add Florida Statutes (FS) section 403.061; that may be necessary to enable their clarifying language, make editorial section 403.8055; section 403.061(6), agency to judge the compliance status of amendments, and to correct (7), (8), (12), and (13); section 403.121; the facilities. The Florida DEP also cites typographical errors. See 63 FR 32743– section 403.131; section 403.141; its legal authority to provide for 32753, 32783–32784. EPA regulations at section 403.161; and section 119.07. periodic inspection and testing and 40 CFR 60.23(a)(2) provide that a state These statutes are approved as being at provisions for making reports of MSW has nine months to adopt and submit least as protective as the Federal landfill emissions data, correlated with any necessary State Plan revisions after requirements for existing MSW emission standards that apply, available publication of a final revised emission landfills. to the general public. Rule 62– guideline document. The State of In section 2.0 of the Plan, the Florida 204.800(8)(c) and Rule 62– Florida has amended their rules for DEP cites the enforceable mechanisms 204.800(7)(b)72 of the FAC support the MSW landfills in Chapter 62–204 of the for implementing the EG for existing requirements of monitoring, Florida Administrative Code (FAC), MSW landfills. The enforceable recordkeeping, reporting, and Rule 62–204.800(8)(c) and Rule 62- mechanisms are the State regulations compliance assurance. These Florida 204.800(7)(b)72 (effective dates of adopted by the State of Florida in Rule rules have been reviewed and approved October 19, 1998), to reflect the June 16, 62–204.800(8)(c) and Rule 62– as being at least as protective as Federal 1998, amendments to subparts Cc and 204.800(7)(b)72 of the FAC. Florida’s requirements for existing MSW WWW. Accordingly, the MSW landfill regulations meet the Federal landfills. EG published on March 12, 1996, and requirements for an enforceable Section 7.0 of the Plan outlines how amended on June 16, 1998, was used as mechanism and are approved as being at the Florida DEP will provide progress

VerDate 06-MAY-99 08:33 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\A04JN0.035 pfrm07 PsN: 04JNR1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations 29963 reports of Plan implementation updates considered separately in light of specific and a statement supporting the need to to the EPA on an annual basis. These technical, economic, and environmental issue the regulation. In addition, progress reports will include the factors and in relation to relevant Executive Order 13084 requires EPA to required items pursuant to 40 CFR part statutory and regulatory requirements. develop an effective process permitting 60, subpart B. This portion of the Plan elected officials and other III. Administrative Requirements has been reviewed and approved as representatives of Indian tribal meeting the Federal requirement for A. Executive Order 12866 governments ‘‘to provide meaningful Plan reporting. and timely input in the development of The Office of Management and Budget Consequently, EPA finds that the regulatory policies on matters that (OMB) has exempted this regulatory Florida State Plan meets all of the significantly or uniquely affect their action from Executive Order (E.O.) requirements applicable to such plans communities.’’ in 40 CFR part 60, subparts B and Cc. 12866, entitled ‘‘Regulatory Planning Today’s rule does not significantly or The Florida DEP did not, however, and Review.’’ uniquely affect the communities of submit evidence of authority to regulate B. Executive Order 12875 Indian tribal governments. Accordingly, existing MSW landfills in Indian the requirements of section 3(b) of Under Executive Order 12875, EPA Country. Therefore, EPA is not Executive Order 13084 do not apply to may not issue a regulation that is not approving this Plan as it relates to those this rule. required by statute and that creates a sources. mandate upon a state, local or tribal D. Executive Order 13045 Final Action government, unless the Federal Protection of Children from Based on the rationale discussed government provides the funds Environmental Health Risks and Safety above, EPA is approving the State of necessary to pay the direct compliance Risks (62 FR 19885, April 23, 1997), Florida section 111(d) Plan, as costs incurred by those governments, or applies to any rule that: (1) is submitted on October 28, 1998, for the EPA consults with those governments. If determined to be ‘‘economically control of landfill gas from existing EPA complies by consulting, Executive significant’’ as defined under E.O. MSW landfills, except for those existing Order 12875 requires EPA to provide to 12866, and (2) concerns an MSW landfills located in Indian the Office of Management and Budget a environmental health or safety risk that Country. As provided by 40 CFR description of the extent of EPA’s prior EPA has reason to believe may have a 60.28(c), any revisions to the Florida consultation with representatives of disproportionate effect on children. If State Plan or associated regulations will affected state, local and tribal the regulatory action meets both criteria, not be considered part of the applicable governments, the nature of their the Agency must evaluate the plan until submitted by the Florida DEP concerns, copies of any written environmental health or safety effects of in accordance with 40 CFR 60.28(a) or communications from the governments, the planned rule on children, and (b), as applicable, and until approved by and a statement supporting the need to explain why the planned regulation is EPA in accordance with 40 CFR part 60, issue the regulation. In addition, preferable to other potentially effective subpart B. Executive Order 12875 requires EPA to and reasonably feasible alternatives The EPA is publishing this action develop an effective process permitting considered by the Agency. without prior proposal because the elected officials and other This rule is not subject to E.O. 13045 Agency views this as a noncontroversial representatives of State, local and tribal because it does not involve decisions amendment and anticipates no adverse governments ‘‘to provide meaningful intended to mitigate environmental comments. However, in a separate and timely input in the development of health or safety risks. document in this Federal Register regulatory proposals containing E. Regulatory Flexibility Act publication, the EPA is proposing to significant unfunded mandates.’’ approve the revision should significant, Today’s rule does not create a The Regulatory Flexibility Act (RFA) material, and adverse comments be mandate on state, local or tribal generally requires an agency to conduct filed. This action will be effective governments. The rule does not impose a regulatory flexibility analysis of any August 3, 1999 unless by July 6, 1999, any enforceable duties on these entities. rule subject to notice and comment rulemaking requirements unless the adverse or critical comments are C. Executive Order 13084 received. agency certifies that the rule will not If the EPA receives such comments, Under Executive Order 13084, EPA have a significant economic impact on this action will be withdrawn before the may not issue a regulation that is not a substantial number of small entities. effective date by publishing a required by statute, that significantly or Small entities include small businesses, subsequent document that will uniquely affects the communities of small not-for-profit enterprises, and withdraw the final action. All public Indian tribal governments, and that small governmental jurisdictions. This comments received will be addressed in imposes substantial direct compliance final rule will not have a significant a subsequent final rule based on the costs on those communities, unless the impact on a substantial number of small proposed rule. The EPA will not Federal government provides the funds entities because SIP approvals under institute a second comment period on necessary to pay the direct compliance section 110 and subchapter I, part D of this action. Any parties interested in costs incurred by the tribal the CAA do not create any new commenting on this action should do so governments, or EPA consults with requirements but simply approve at this time. If no such comments are those governments. If EPA complies by requirements that the State is already received, the public is advised that this consulting, Executive Order 13084 imposing. Therefore, because the action will be effective August 3, 1999. requires EPA to provide to the Office of Federal SIP approval does not create Nothing in this action should be Management and Budget, in a separately any new requirements, I certify that this construed as permitting or allowing or identified section of the preamble to the action will not have a significant establishing a precedent for any future rule, a description of the extent of EPA’s economic impact on a substantial request for revision to any section prior consultation with representatives number of small entities. Moreover, due 111(d) plan. Each request for revision to of affected tribal governments, a to the nature of the Federal-State the section 111(d) plan shall be summary of the nature of their concerns, relationship under the CAA, preparation

VerDate 06-MAY-99 08:33 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\A04JN0.037 pfrm07 PsN: 04JNR1 29964 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations of flexibility analysis would constitute Business Regulatory Enforcement PART 62Ð[AMENDED] Federal inquiry into the economic Fairness Act of 1996, generally provides reasonableness of state action. The that before a rule may take effect, the 1. The authority citation for Part 62 Clean Air Act forbids EPA to base its agency promulgating the rule must continues to read as follows: submit a rule report, which includes a actions concerning SIPs on such Authority: 42 U.S.C. 7401–7642. grounds. Union Electric Co., v. U.S. copy of the rule, to each House of the EPA, 427 U.S. 246, 255–66 (1976); 42 Congress and to the Comptroller General Subpart KÐFlorida U.S.C. 7410(a)(2). of the United States. EPA will submit a report containing this rule and other F. Unfunded Mandates 2. Section 62.2350 is amended by required information to the U.S. Senate, adding paragraphs (b)(6) and (c)(4) to Under section 202 of the Unfunded the U.S. House of Representatives, and read as follows: Mandates Reform Act of 1995 the Comptroller General of the United (‘‘Unfunded Mandates Act’’), signed States prior to publication of the rule in § 62.2350 Identification of plan. into law on March 22, 1995, EPA must the Federal Register. This rule is not a * * * * * prepare a budgetary impact statement to ‘‘major’’ rule as defined by 5 U.S.C. accompany any proposed or final rule 804(2). (b) * * * (6) State of Florida Department of that includes a Federal mandate that H. Petitions for Judicial Review may result in estimated annual costs to Environmental Protection Section state, local, or tribal governments in the Under section 307(b)(1) of the Clean 111(d) State Plan For Municipal Solid aggregate; or to private sector, of $100 Air Act, petitions for judicial review of Waste Landfills, submitted on October million or more. Under section 205, this action must be filed in the United 28, 1998, by the Florida Department of EPA must select the most cost-effective States Court of Appeals for the Environmental Protection. appropriate circuit by August 3, 1999. and least burdensome alternative that (c) * * * achieves the objectives of the rule and Filing a petition for reconsideration by is consistent with statutory the Administrator of this final rule does (4) Existing municipal solid waste requirements. Section 203 requires EPA not affect the finality of this rule for the landfills. to establish a plan for informing and purposes of judicial review nor does it Subpart KÐ[Amended] advising any small governments that extend the time within which a petition may be significantly or uniquely for judicial review may be filed, and 3. Subpart K is amended by adding a impacted by the rule. shall not postpone the effectiveness of such rule or action. This action may not new § 62.2360 and a new undesignated EPA has determined that the approval be challenged later in proceedings to center heading to read as follows: action promulgated does not include a enforce its requirements. (See section Federal mandate that may result in Landfill Gas Emissions From Existing 307(b)(2).) estimated annual costs of $100 million Municipal Solid Waste Landfills or more to either state, local, or tribal List of Subjects in 40 CFR Part 62 § 62.2360 Identification of sources. governments in the aggregate, or to the Environmental protection, private sector. This Federal action Administrative practice and procedure, The plan applies to existing approves pre-existing requirements Air pollution control, Intergovernmental municipal solid waste landfills for under state or local law, and imposes no relations, Methane, Municipal solid which construction, reconstruction, or new requirements. Accordingly, no waste landfills, Nonmethane organic modification was commenced before additional costs to state, local, or tribal compounds, Reporting and May 30, 1991, that accepted waste at governments, or to the private sector, recordkeeping requirements. any time since November 8, 1987, or result from this action. Dated: April 21, 1999. that have additional capacity available G. Submission to Congress and the A. Stanley Meiburg, for future waste deposition, as described Comptroller General Acting Regional Administrator, Region 4. in 40 CFR part 60, subpart Cc. The Congressional Review Act, 5 40 CFR Part 62 of the Code of Federal [FR Doc. 99–13942 Filed 6–3–99; 8:45 am] U.S.C. 801 et seq., as added by the Small Regulations is amended as follows: BILLING CODE 6560±50±P

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Proposed Rules Federal Register Vol. 64, No. 107

Friday, June 4, 1999

This section of the FEDERAL REGISTER number in the subject line. Comments Availability of NPRMs contains notices to the public of the proposed may be inspected at this location Any person may obtain a copy of this issuance of rules and regulations. The between 8:00 a.m. and 4:30 p.m., purpose of these notices is to give interested NPRM by submitting a request to the Monday through Friday, except Federal FAA, New England Region, Office of the persons an opportunity to participate in the holidays. rule making prior to the adoption of the final Regional Counsel, Attention: Rules rules. The service information referenced in Docket No. 99–NE–06–AD, 12 New the proposed rule may be obtained from England Executive Park, Burlington, MA Pratt & Whitney, 400 Main St., East 01803–5299. DEPARTMENT OF TRANSPORTATION Hartford, CT 06108; telephone (860) Discussion 565–6600, fax (860) 565–4503. This Federal Aviation Administration information may be examined at the The Federal Aviation Administration FAA, New England Region, Office of the (FAA) received a report of an 14 CFR Part 39 Regional Counsel, 12 New England uncontained high pressure turbine [Docket No. 99±NE±06±AD] Executive Park, Burlington, MA. (HPT) disk failure on an International Aero Engines (IAE) V2500–A1 series RIN 2120±AA64 FOR FURTHER INFORMATION CONTACT: turbofan engine. The investigation into Peter White, Aerospace Engineer, Airworthiness Directives; Pratt & the cause of that failure revealed that Engine Certification Office, FAA, Engine certain HPT stage 1 and stage 2 disks Whitney JT9D±7R4 Series Turbofan and Propeller Directorate, 12 New Engines were manufactured using a process that England Executive Park, Burlington, MA resulted in a subsurface defect in the AGENCY: Federal Aviation 01803–5299; telephone (781) 238–7128, disk material. The subsurface defect, Administration, DOT. fax (781) 238–7199. called a ‘‘clean linear’’ anomaly, was ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: formed during a specific forging process (NPRM). also used for HPT stage 1 and stage 2 Comments Invited disks for the JT9D–7R4 series engines. SUMMARY: This document proposes the Interested persons are invited to The anomaly may not have been adoption of a new airworthiness detected during ultrasonic inspection directive (AD) that is applicable to Pratt participate in the making of the proposed rule by submitting such during manufacture due to its & Whitney JT9D–7R4 series turbofan orientation and shape. The disk failure engines. This proposal would require written data, views, or arguments as they may desire. Communications occurred as a result of a crack that initial and repetitive inspections of initiated at the anomaly site. An certain High Pressure Turbine (HPT) should identify the Rules Docket number and be submitted in triplicate to improved ultrasonic inspection has stage 1 and stage 2 disks utilizing an been developed which is more capable improved ultrasonic method when the the address specified above. All communications received on or before of detecting anomalies, or cracks that disks are exposed during a shop visit, originate from the sites of anomalies, and if a subsurface anomaly is found, the closing date for comments, specified above, will be considered before taking prior to disk failure. V2500–A1, removal from service and replacement PW2000 and JT9D–7R4 1st and 2nd with a serviceable part. This proposal is action on the proposed rule. The proposals contained in this notice may stage HPT disks manufactured using prompted by the results of a stage 1 HPT this same material and forging process disk fracture investigation which has be changed in light of the comments received. are affected. There are approximately identified a population of HPT stage 1 131 JT9D–7R4 HPT stage 1 and stage 2 and 2 disks that may have subsurface Comments are specifically invited on disks that were manufactured using this anomalies formed during the forging the overall regulatory, economic, material and forging process, and those process. The actions specified by the environmental, and energy aspects of disks have been identified by serial proposed AD are intended to prevent the proposed rule. All comments number in Pratt & Whitney (PW) Service HPT disk fracture, which could result in submitted will be available, both before Bulletin JT9D–7R4–72–553, Revision 1, an uncontained engine failure, damage and after the closing date for comments, dated February 17, 1999. This to the aircraft, and an in-flight engine in the Rules Docket for examination by condition, if not corrected, could result shutdown. interested persons. A report in an HPT disk fracture, which could DATES: Comments must be received by summarizing each FAA-public contact result in an uncontained engine failure, July 6, 1999. concerned with the substance of this damage to the aircraft, and an in-flight ADDRESSES: Submit comments in proposal will be filed in the Rules engine shutdown. triplicate to the Federal Aviation Docket. The FAA has reviewed and approved Administration (FAA), New England Commenters wishing the FAA to the technical contents of PW Service Region, Office of the Regional Counsel, acknowledge receipt of their comments Bulletin (SB) JT9D–7R4–72–553, Attention: Rules Docket No. 99–NE–06– submitted in response to this notice Revision 1, dated February 17, 1999, AD, 12 New England Executive Park, must submit a self-addressed, stamped that describes inspection procedures Burlington, MA 01803–5299. Comments postcard on which the following and criteria for certain stage 1 and 2 may also be sent via the Internet using statement is made: ‘‘Comments to HPT disks. the following address: ‘‘9-ane- Docket Number 99–NE–06–AD.’’ The Since an unsafe condition has been [email protected]’’. Comments sent postcard will be date stamped and identified that is likely to exist or via the Internet must contain the docket returned to the commenter. develop on other products of this same

VerDate 06-MAY-99 08:37 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\A04JN2.017 pfrm07 PsN: 04JNP1 29966 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules type design, the proposed AD would The Proposed Amendment (c) For engines that do not have a HPT require initial and repetitive inspections stage 1 or Stage 2 disk installed that has a Accordingly, pursuant to the serial number listed in the Accomplishment of certain stage 1 and stage 2 HPT disks authority delegated to me by the using an improved ultrasonic method Instructions section of PW SB JT9D–7R4–72– Administrator, the Federal Aviation 553, Revision 1, dated February 17, 1999, no whenever the disk is exposed during a Administration proposes to amend part inspections are required. shop visit. If a subsurface anomaly is 39 of the Federal Aviation Regulations (d) An alternative method of compliance or found, the disk must be removed from (14 CFR part 39) as follows: adjustment of the compliance time that service and replaced with a serviceable provides an acceptable level of safety may be part. The actions would be required to PART 39ÐAIRWORTHINESS used if approved by the Manager, Engine be accomplished in accordance with the DIRECTIVES Certification Office. Operators shall submit SB described previously. their request through an appropriate FAA Principal Maintenance Inspector, who may There are approximately 131 affected 1. The authority citation for part 39 continues to read as follows: add comments and then send it to the disks installed in engines in the Manager, Engine Certification Office. Authority: 49 U.S.C. 106(g), 40113, 44701. worldwide fleet. The FAA estimates that Note 2: Information concerning the 25 engines on aircraft of U.S. registry 39.13 [Amended] existence of approved alternative methods of would be affected by this proposed AD. 2. Section 39.13 is amended by compliance with this airworthiness directive, The FAA estimates that the shipping if any, may be obtained from the Engine adding the following new airworthiness cost per disk to the facility which will Certification Office. directive: inspect the disk and its return will be (e) Special flight permits may be issued in approximately $250 per disk, that no 99–XX–XX Pratt & Whitney: Docket No. 99– accordance with sections 21.197 and 21.199 engines will require an unplanned HPT NE–06–AD. of the Federal Aviation Regulations (14 CFR module disassembly/assembly, that the Applicability: Pratt & Whitney JT9D–7R4 21.197 and 21.199) to operate the aircraft to inspection would take approximately 8 Series Turbofan Engines, installed on but not a location where the requirements of this AD can be accomplished. work hours per disk to accomplish the limited to Boeing 747, Airbus A300 and Airbus A310 series airplanes. proposed actions, and that the average Issued in Burlington, Massachusetts, on May 27, 1999. labor rate is $60 per work hour. Some Note 1: This airworthiness directive (AD) applies to each engine identified in the David A. Downey, disks will require multiple inspections preceding applicability provision, regardless during their service life. Based on these Assistant Manager, Engine and Propeller of whether it has been modified, altered, or Directorate, Aircraft Certification Service. figures, the total cost impact of the repaired in the area subject to the [FR Doc. 99–14128 Filed 6–3–99; 8:45 am] proposed AD on U.S. operators is requirements of this AD. For engines that estimated to be $88,000. The have been modified, altered, or repaired so BILLING CODE 4910±13±P manufacturer has advised the FAA that that the performance of the requirements of the all costs relative to the inspection this AD is affected, the owner/operator must DEPARTMENT OF TRANSPORTATION will be reimbursed to the operator. request approval for an alternative method of The regulations proposed herein compliance in accordance with paragraph (d) of this AD. The request should include an Federal Aviation Administration would not have substantial direct effects assessment of the effect of the modification, on the States, on the relationship alteration, or repair on the unsafe condition 14 CFR Part 39 between the national government and addressed by this AD; and, if the unsafe [Docket No. 98±NM±266±AD] the States, or on the distribution of condition has not been eliminated, the power and responsibilities among the request should include specific proposed RIN 2120±AA64 various levels of government. Therefore, actions to address it. in accordance with Executive Order Compliance: Required as indicated, unless Airworthiness Directives; Dassault 12612, it is determined that this accomplished previously. Model Mystere-Falcon 50 and 900 proposal would not have sufficient To prevent high pressure turbine (HPT) Series Airplanes, Falcon 900EX Series federalism implications to warrant the disk fracture, which could result in an Airplanes, and Falcon 2000 Series preparation of a Federalism Assessment. uncontained engine failure and damage to Airplanes the aircraft, accomplish the following: For the reasons discussed above, I (a) For engines with a HPT stage 1 or Stage AGENCY: Federal Aviation certify that this proposed regulation (1) 2 disk installed that has a serial number Administration, DOT. is not a ‘‘significant regulatory action’’ listed in the Accomplishment Instructions ACTION: Notice of proposed rulemaking under Executive Order 12866; (2) is not section of PW SB JT9D–7R4–72–553, (NPRM). a ‘‘significant rule’’ under the DOT Revision 1, dated February 17, 1999, perform Regulatory Policies and Procedures (44 initial and repetitive ultrasonic inspections SUMMARY: This document proposes the FR 11034, February 26, 1979); and (3) if in accordance with the Accomplishment adoption of a new airworthiness promulgated, will not have a significant Instructions section of PW SB JT9D–7R4–72– directive (AD) that is applicable to all 553, Revision 1, dated February 17, 1999, as economic impact, positive or negative, follows: Dassault Model Mystere-Falcon 50 and on a substantial number of small entities (1) Perform an initial ultrasonic inspection 900 series airplanes, Falcon 900EX under the criteria of the Regulatory at the next HPT disk piece part accessibility series airplanes, and Falcon 2000 series Flexibility Act. A copy of the draft after the effective date of this AD. airplanes. This proposal would require regulatory evaluation prepared for this (2) Thereafter, perform an ultrasonic revising the Airplane Flight Manual to action is contained in the Rules Docket. inspection at each HPT disk piece part provide the flight crew with certain A copy of it may be obtained by accessibility after the initial inspection instructions associated with the onset of contacting the Rules Docket at the performed in accordance with paragraph stall warning. This proposal also would location provided under the caption (a)(1) of this AD. require repetitive inspections to detect (3) For the purpose of this AD, piece part ADDRESSES. accessibility is defined as removal of the discrepancies of the hinge pin assemblies of the rear horizontal List of Subjects in 14 CFR Part 39 blades from the disk. (b) Remove from service those HPT disks stabilizer, and corrective actions, if Air transportation, Aircraft, Aviation found with a crack indicating a subsurface necessary. For certain airplanes, this safety, Safety. anomaly and replace with a serviceable part. proposal also would require

VerDate 06-MAY-99 08:37 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\A04JN2.018 pfrm07 PsN: 04JNP1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules 29967 replacement of the hinge pin assemblies proposal will be filed in the Rules Additionally, Dassault has issued with new, improved parts. This Docket. Service Bulletins F50–274 (F50–55–4), proposal is prompted by issuance of Commenters wishing the FAA to F900–203 (F900–55–3), F900EX–37 mandatory continuing airworthiness acknowledge receipt of their comments (F900EX–55–1), and F2000–118 (F2000– information by a foreign civil submitted in response to this notice 55–1); all dated December 17, 1997. airworthiness authority. The actions must submit a self-addressed, stamped These service bulletins describe, among specified by the proposed AD are postcard on which the following other things, procedures for replacement intended to prevent excessive statement is made: ‘‘Comments to of the hinge pin assemblies of the rear movement and consequent deformation Docket Number 98–NM–266–AD.’’ The horizontal stabilizer with new, of the hinge pin assemblies of the rear postcard will be date stamped and improved parts. horizontal stabilizer, which could result returned to the commenter. The DGAC classified these service in flutter and possible failure of the rear Availability of NPRMs documents as mandatory and issued horizontal stabilizer. French airworthiness directives 97– Any person may obtain a copy of this DATES: Comments must be received by 370–020(B)R1, dated December 17, 1997 NPRM by submitting a request to the July 6, 1999. (for Models Mystere-Falcon 50 and 900 FAA, Transport Airplane Directorate, series airplanes, and Falcon 900EX ADDRESSES: Submit comments in ANM–114, Attention: Rules Docket No. triplicate to the Federal Aviation series airplanes), and 97–369–004(B), 98–NM–266–AD, 1601 Lind Avenue, dated December 3, 1997 (for Model Administration (FAA), Transport SW., Renton, Washington 98055–4056. Airplane Directorate, ANM–114, Falcon 2000 series airplanes), in order Attention: Rules Docket No. 98–NM– Discussion to assure the continued airworthiness of these airplanes in France. 266–AD, 1601 Lind Avenue, SW., ´ ´ The Direction Generale de l’Aviation Accomplishment of the actions Renton, Washington 98055–4056. Civile (DGAC), which is the specified in the applicable service Comments may be inspected at this airworthiness authority for France, documents is intended to adequately location between 9:00 a.m. and 3:00 notified the FAA that an unsafe address the identified unsafe condition. p.m., Monday through Friday, except condition may exist on all Dassault Federal holidays. Model Mystere-Falcon 50 and 900 series FAA’s Conclusions The service information referenced in airplanes, Falcon 900EX series These airplane models are the proposed rule may be obtained from airplanes, and Falcon 2000 series manufactured in France and are type Dassault Falcon Jet, P.O. Box 2000, airplanes. The DGAC advises that, certificated for operation in the United South Hackensack, New Jersey 07606. during a flight test, excessive clearance States under the provisions of section This information may be examined at was found between the hinge bushings 21.29 of the Federal Aviation the FAA, Transport Airplane and the hinge pin that attaches the rear Regulations (14 CFR 21.29) and the Directorate, 1601 Lind Avenue, SW., horizontal stabilizer to the fuselage applicable bilateral airworthiness Renton, Washington. structure. Investigation revealed that the agreement. Pursuant to this bilateral FOR FURTHER INFORMATION CONTACT: excessive clearance was caused by airworthiness agreement, the DGAC has Norman B. Martenson, Manager, deformation of the hinge bushings due kept the FAA informed of the situation International Branch, ANM–116, FAA, to high dynamic (forceful) loads described above. The FAA has Transport Airplane Directorate, 1601 encountered during flight test stall examined the findings of the DGAC, Lind Avenue, SW., Renton, Washington maneuvers. Although the amount of reviewed all available information, and 98055–4056; telephone (425) 227–2110; deformation detected did not represent determined that AD action is necessary fax (425) 227–1149. an immediate hazard to the airplane for products of this type design that are SUPPLEMENTARY INFORMATION: during the flight test, repeated stall certificated for operation in the United conditions could cause the deformation Comments Invited States. of the hinge bushings to increase. This Interested persons are invited to condition, if not corrected, could result Explanation of Requirements of participate in the making of the in flutter and possible failure of the rear Proposed Rule proposed rule by submitting such horizontal stabilizer. Since an unsafe condition has been written data, views, or arguments as identified that is likely to exist or Explanation of Relevant Service they may desire. Communications shall develop on other airplanes of the same Information identify the Rules Docket number and type design registered in the United be submitted in triplicate to the address Dassault has issued Airplane States, the proposed AD would require specified above. All communications Maintenance Manual (AMM) Temporary accomplishment of the actions specified received on or before the closing date Revision 704.0/1, dated November 1997 in the applicable service documents for comments, specified above, will be (for Model Mystere-Falcon 50 series described previously, except as considered before taking action on the airplanes); AMM Procedure 55–501, discussed below. proposed rule. The proposals contained dated March 1998 (for Model Mystere- in this notice may be changed in light Falcon 900 series airplanes); AMM Differences Between Proposed Rule and of the comments received. Temporary Revision 55–501, dated Related Service Information Comments are specifically invited on November 1997 (for Model Falcon Operators should note that, although the overall regulatory, economic, 900EX series airplanes); and AMM the Dassault service bulletins and environmental, and energy aspects of Procedure 55–501, dated November Dassault airplane maintenance manual the proposed rule. All comments 1997 (for Model Falcon 2000 series procedures recommend that the submitted will be available, both before airplanes). These procedures provide manufacturer be contacted for and after the closing date for comments, instructions for repetitive dimensional disposition of certain repair conditions, in the Rules Docket for examination by inspections to detect discrepancies this proposal would require the repair of interested persons. A report (damage, deformation, and excessive those conditions to be accomplished in summarizing each FAA-public contact movement) of the hinge pin assemblies accordance with a method approved by concerned with the substance of this of the rear horizontal stabilizer. either the FAA or the DGAC (or its

VerDate 06-MAY-99 08:37 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\A04JN2.013 pfrm07 PsN: 04JNP1 29968 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules delegated agent). In light of the type of on U.S. operators is estimated to be Note 1: This AD applies to each airplane repair that would be required to address $323,400, or $6,600 per airplane. identified in the preceding applicability the identified unsafe condition, and in The cost impact figures discussed provision, regardless of whether it has been consonance with existing bilateral above are based on assumptions that no modified, altered, or repaired in the area operator has yet accomplished any of subject to the requirements of this AD. For airworthiness agreements, the FAA has airplanes that have been modified, altered, or determined that, for this proposed AD, the proposed requirements of this AD repaired so that the performance of the a repair approved by either the FAA or action, and that no operator would requirements of this AD is affected, the the DGAC would be acceptable for accomplish those actions in the future if owner/operator must request approval for an compliance with this proposed AD. this AD were not adopted. alternative method of compliance in accordance with paragraph (h) of this AD. This proposed AD would differ from Regulatory Impact the parallel French airworthiness The request should include an assessment of directives in that this proposed AD The regulations proposed herein the effect of the modification, alteration, or repair on the unsafe condition addressed by would require performing an initial would not have substantial direct effects on the States, on the relationship this AD; and, if the unsafe condition has not inspection to detect discrepancies been eliminated, the request should include (damage, deformation, and excessive between the national government and the States, or on the distribution of specific proposed actions to address it. movement) of the hinge pin assemblies power and responsibilities among the Compliance: Required as indicated, unless of the rear horizontal stabilizer within various levels of government. Therefore, accomplished previously. 300 flight hours or 6 months after the To prevent excessive movement and in accordance with Executive Order effective date of this AD. The French consequent deformation of the hinge pin 12612, it is determined that this airworthiness directives require the assemblies of the rear horizontal stabilizer, proposal would not have sufficient initial inspection within 6 years, or which could result in flutter and possible federalism implications to warrant the prior to the accumulation of 3,750 total failure of the rear horizontal stabilizer, preparation of a Federalism Assessment. accomplish the following: flight cycles. In developing the For the reasons discussed above, I appropriate compliance time, the FAA certify that this proposed regulation (1) Dassault Airplane Flight Manual (AFM) Revision considered the manufacturer’s is not a ‘‘significant regulatory action’’ recommendation and the degree of under Executive Order 12866; (2) is not (a) Within 30 days after the effective date urgency associated with addressing the a ‘‘significant rule’’ under the DOT of this AD, revise the Limitations Section of the FAA-approved AFM to include the subject unsafe condition. In light of Regulatory Policies and Procedures (44 these factors, the FAA finds that an following statement. This may be FR 11034, February 26, 1979); and (3) if accomplished by inserting a copy of this AD initial inspection within 300 flight promulgated, will not have a significant hours or 6 months after the effective into the AFM. economic impact, positive or negative, ‘‘DO NOT INTENTIONALLY FLY THE date of this AD to be warranted, in that on a substantial number of small entities it represents an appropriate interval of AIRPLANE SLOWER THAN INITIAL STALL under the criteria of the Regulatory WARNING ONSET’’ time allowable for affected airplanes to Flexibility Act. A copy of the draft Note 2: The AFM revision required by continue to operate without regulatory evaluation prepared for this compromising safety. paragraph (a) of this AD also may be action is contained in the Rules Docket. accomplished by inserting a copy of the Cost Impact A copy of it may be obtained by applicable Temporary Change into the contacting the Rules Docket at the applicable AFM, as specified below. When The FAA estimates that 269 airplanes location provided under the caption these Temporary Changes have been of U.S. registry would be affected by this ADDRESSES. incorporated into the general revisions of the proposed AD. AFM, the general revisions may be inserted For all airplanes, it would take List of Subjects in 14 CFR Part 39 into the AFM, provided that the information approximately 1 work hour per airplane Air transportation, Aircraft, Aviation contained in the general revisions is identical to accomplish the proposed Airplane safety, Safety. to that specified in the Temporary Changes. Flight Manual (AFM) revision, at an • For Model Mystere-Falcon 50 series The Proposed Amendment average labor rate of $60 per work hour. airplanes: Dassault Mystere-Falcon 50 AFM Based on these figures, the cost impact Accordingly, pursuant to the Temporary Change No. 46 (DTM813); and Dassault Mystere-Falcon 50 AFM Temporary of the AFM revision proposed by this authority delegated to me by the Administrator, the Federal Aviation Change No. 12 (M813EX). AD on U.S. operators is estimated to be • For Model Mystere-Falcon 900 series $16,140, or $60 per airplane. Administration proposes to amend part airplanes: Dassault Mystere-Falcon 900 AFM Additionally, for all airplanes, it 39 of the Federal Aviation Regulations Temporary Change No. 69 (DTM20103). would take approximately 8 work hours (14 CFR part 39) as follows: • For Model Falcon 900EX series per airplane to accomplish the proposed airplanes: Dassault Falcon 900EX AFM PART 39ÐAIRWORTHINESS inspection, at an average labor rate of Temporary Change No. 14 (DTM561). DIRECTIVES • $60 per work hour. Based on these For Model Falcon 2000 series airplanes: figures, the cost impact of the inspection Dassault Falcon 2000 AFM Temporary 1. The authority citation for part 39 Change No. 44 (DTM537). proposed by this AD on U.S. operators continues to read as follows: Initial and Repetitive Inspections is estimated to be $129,120, or $480 per Authority: 49 U.S.C. 106(g), 40113, 44701. airplane, per inspection cycle. (b) Within 300 flight hours or 6 months For 49 airplanes of U.S. registry it § 39.13 [Amended] after the effective date of this AD, whichever would take approximately 10 work 2. Section 39.13 is amended by occurs first: Perform a dimensional hours per airplane to accomplish the adding the following new airworthiness inspection to detect discrepancies (damage, proposed replacement, at an average directive: deformation, and excessive movement) of the hinge pin assemblies of the rear horizontal labor rate of $60 per work hour. Dassault Aviation: Docket 98–NM–266–AD. stabilizer in accordance with paragraph Required parts would cost Applicability: All Model Mystere-Falcon 50 (b)(1), (b)(2), (b)(3), or (b)(4) of this AD, as approximately $6,000 per airplane. and 900 series airplanes, Falcon 900EX series applicable. Based on these figures, the cost impact airplanes, and Falcon 2000 series airplanes; (1) For Model Mystere-Falcon 50 series of the replacement proposed by this AD certificated in any category. airplanes: Inspect in accordance with

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Dassault Airplane Maintenance Manual, send it to the Manager, International Branch, recommended alternative methods of Temporary Revision, 704.0/1, dated ANM–116. complying with the proposed AD and November 1997. Note 3: Information concerning the recommended combining the proposed (2) For Model Mystere-Falcon 900 series existence of approved alternative methods of AD with the actions of the current AD airplanes: Inspect in accordance with compliance with this AD, if any, may be required for the ACAC Model 8GCBC Dassault Airplane Maintenance Manual, obtained from the International Branch, airplanes. The FAA has determined that Procedure 55–501, dated March 1998. ANM–116. (3) For Model Falcon 900EX series the ideas in the above-referenced airplanes: Inspect in accordance with Special Flight Permits comments have merit and should be Dassault Airplane Maintenance Manual, (i) Special flight permits may be issued in implemented, and is therefore Temporary Revision, 55–501, dated accordance with sections 21.197 and 21.199 withdrawing the NPRM and proposing November 1997. of the Federal Aviation Regulations (14 CFR these actions in a new AD that would (4) For Model Falcon 2000 series airplanes: 21.197 and 21.199) to operate the airplane to supersede the current AD required for Inspect in accordance with Dassault Airplane a location where the requirements of this AD ACAC Model 8GCBC airplanes. Maintenance Manual, Procedure 55–501, can be accomplished. dated November 1997. FOR FURTHER INFORMATION CONTACT: Mr. Note 4: The subject of this AD is addressed William Rohder, Aerospace Engineer, (c) If any stall event occurs after the in French airworthiness directives 97–370– effective date of this AD, perform a 020(B)R1, dated December 17, 1997, and 97– FAA, Chicago Aircraft Certification dimensional inspection as required by 369–004(B), dated December 3, 1997. Office, 2300 E. Devon Avenue, Des paragraph (b) within 300 flight hours or 6 Issued in Renton, Washington, on May 26, Plaines, Illinois 60018; telephone: (847) months after the occurance of the stall event, 1999. 294–7697; facsimile: (847) 294–7834. whichever occurs first. For the purposes of SUPPLEMENTARY INFORMATION: this AD, a stall event is considered to be any D.L. Riggin, event as defined by Federal Aviation Acting Manager, Transport Airplane Events Leading to This Action Administration [14 CFR 25.201(d)]. Directorate, Aircraft Certification Service. A proposal to amend part 39 of the (d) If no discrepancy is detected during any [FR Doc. 99–14129 Filed 6–3–99; 8:45 am] Federal Aviation Regulations (14 CFR inspection required by this AD, repeat at BILLING CODE 4910±13±P 3,750 flight cycles or 6 years, whichever part 39) to include an AD that would occurs first. apply to all ACAC 7, 8, and 11 series (e) If any discrepancy is detected during DEPARTMENT OF TRANSPORTATION airplanes (excluding the Model 8GCBC any inspection required by this AD, prior to airplanes) was published in the Federal further flight, repair in accordance with a Federal Aviation Administration Register as a notice of proposed method approved by either the Manager, rulemaking (NPRM) on November 3, International Branch, ANM–116, FAA, 14 CFR Part 39 1997 (62 FR 59310). The NPRM Transport Airplane Directorate; or the Direction Ge´ne´rale de l’Aviation Civile [Docket No. 97±CE±79±AD] proposed to require installing (DGAC) (or its delegated agent). Thereafter, inspection holes on the top and bottom repeat the inspections at the times specified RIN 2120±AA64 wing surfaces, repetitively inspecting in paragraph (b) of this AD. the front and rear wood spars for Airworthiness Directives; American damage, repairing or replacing any Replacement Champion Aircraft Corporation 7, 8, damaged wood spar, and installing (f) For airplanes listed in Dassault Service and 11 Series Airplanes surface covers. Accomplishment of the Bulletins F50–274 (F50–55–4), F900–203 proposed actions as specified in the (F900–55–3), F900EX–37 (F900EX–55–1), AGENCY: Federal Aviation and F2000–118 (F2000–55–1), all dated Administration (FAA), DOT. NPRM would be required as follows: December 17, 1997: Replace the hinge pin ACTION: Proposed rule; withdrawal. —Installations: in accordance with assemblies of the rear horizontal stabilizer ACAC Service Letter 417, Revision A, with new, improved parts in accordance with SUMMARY: This document withdraws a dated October 2, 1997; Part 2, paragraph B.(2) of the notice of proposed rulemaking (NPRM) —Inspections: in accordance with Accomplishment Instructions of the that would have applied to all American ACAC Service Letter 406, dated applicable service bulletin at the later of the Champion Aircraft Corporation (ACAC) March 28, 1994; and times specified in paragraphs (f)(1) and (f)(2) 7, 8, and 11 series airplanes, excluding —Spar Repair and Replacement, as of this AD. (1) Accomplish the replacement within 6 Model 8GCBC airplanes. The proposed applicable: in accordance with years since date of manufacture, or prior to AD would have required installing Advisory Circular (AC) 43.13–1A, the accumulation of 3,750 total flight cycles, inspection holes on the top and bottom Acceptable Methods, Techniques and whichever occurs first. wing surfaces, repetitively inspecting Practices; or other data that the FAA (2) Accomplish the replacement within 300 the front and rear wood spars for has approved for spar repair and flight hours or 6 months after the effective damage, repairing or replacing any replacement. date of this AD, whichever occurs first. damaged wood spar, and installing Interested persons have been afforded Spares inspection covers. Damage is defined as an opportunity to participate in the (g) As of the effective date of this AD, no cracks; compression cracks; longitudinal making of this amendment. Due person shall install a rear horizontal cracks through the bolt holes or nail consideration has been given to the stabilizer hinge pin having part number holes; or loose or missing rib nails. The comments received. MY2033175 on any airplane. proposed AD results from a review of the service history of the affected Comment Issue No. 1: Combine the Alternative Methods of Compliance airplanes that incorporate wood wing Actions of the Proposed AD With Those (h) An alternative method of compliance or spars. The review was prompted by in- of AD 98–05–04 adjustment of the compliance time that flight wing structural failures on ACAC Two commenters recommend that the provides an acceptable level of safety may be used if approved by the Manager, Model 8GCBC airplanes, and revealed FAA combine the actions of the International Branch, ANM–116, FAA. several incidents where damage was proposed AD with those currently Operators shall submit their requests through found on the front and rear wood spars required by AD 98–05–04, which an appropriate FAA Principal Maintenance on the affected airplanes. The FAA applies to the Model 8GCBC airplanes. Inspector, who may add comments and then received comments on the NPRM that These commenters feel that this would

VerDate 06-MAY-99 08:37 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A04JN2.015 pfrm07 PsN: 04JNP1 29970 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules provide a successful and consistent the actions. The FAA will incorporate copy of the report sent to the Chicago inspection program for all airplanes in the inspection method discussed above Aircraft Certification Office. The FAA the production line. into the combined proposed AD. could then initiate further rulemaking The FAA concurs that combining the action that increases or reduces the Comment Issue No. 3: Exclude Certain actions of the proposed AD and AD 98– burden upon the owners/operators of Airplanes From the Proposed AD 05–04 would provide a consistent the ACAC 7, 8, and 11 series airplanes, inspection program for all ACAC Numerous commenters request that as justified. airplanes in the production line. As the FAA exclude certain airplanes, such As discussed in this document, the discussed in this document, the FAA is as the Model 7AC. The commenters FAA is withdrawing the NPRM (Docket withdrawing the NPRM (Docket No. 97– state that the light-weight and low- No. 97–CE–79–AD) and will propose to CE–79–AD) and will propose to horsepower airplanes manufactured by supersede AD 98–05–04 with a new AD supersede AD 98–05–04 with a new AD Aeronca and Champion Aircraft are not (will be initiated as an NPRM) that (will be initiated as an NPRM) that certificated for aerobatic flight and would affect all 7, 8, and 11 series would affect all 7, 8, and 11 series induce lower stresses in the spars. The airplanes and incorporate recommended airplanes and incorporate recommended commenters feel there is no justification alternative methods for complying with alternative methods for complying with for including them in this AD action. the actions. The FAA will incorporate the actions. The FAA does not concur that these this reporting requirement into the light-weight and low-horsepower combined proposed AD. Comment Issue No. 2: Allow an airplanes should be removed from the Alternative Spar Inspection Method proposed AD. Section 39.1 of the Comment Issue No. 5: The Proposed AD Three commenters state that Federal Aviation Regulations (14 CFR Should Not Apply to the 7 and 11 inspecting the spar through the 39.1) specifies that the FAA should Series Airplanes utilization of inspection holes on the issue an airworthiness directive against One commenter objects to an AD bottom of the spar using mirrors and a aircraft of the same type design where against the ACAC 7 and 11 series small high intensity light source is an the unsafe condition exists or is likely airplanes because the market value of effective method of inspection. The to develop. Since there have been these airplanes will decrease by several commenters believe that allowing this compression failures and spar damage thousand dollars. The commenter inspection method will save the owners reports on the light-weight and low- believes that simply mailing the thousands of dollars in inspection costs. horsepower airplane models (i.e., Model manufacturer’s service instructions to Also, because the additional inspection 7AC), the AD should address these the owners of the 7 and 11 series covers would not be needed, the models. airplanes will result in the desired aesthetics of the aircraft would be No changes have been made to the AD effect. preserved. as a result of these comments. However, The FAA does not concur. The FAA’s The FAA concurs that inspecting the as discussed in this document, the duty to public safety must outweigh spar through the utilization of proposal is being withdrawn and the considerations of an aircraft’s market inspection holes in the bottom of the actions revised and combined with the value. The FAA has worked with spar using mirrors and a small high actions of the current AD required for associations and type clubs that are intensity light is a valid inspection the ACAC Model 8GCBC airplanes. interested in the safety and market value method provided an inspector with of these airplanes in order to decrease Comment Issue No. 4: The Proposed AD wood spar compression failure the economic impact of the proposed Should Only Apply to Airplanes With experience accomplishes the inspection. AD’s inspection requirements. Service Previous Wing Damage or Evidence of For example, the inspection method was history of all models of the ACAC 7, 8, Compression Failures useful in detecting spar failure on one and 11 series airplanes reveals of the commenter’s airplanes, and a Several commenters request that the susceptibility to wing spar cracking and member of the FAA’s Chicago Aircraft proposed AD only apply to those compression failures. The FAA has no Certification Office staff detected a airplanes that have a history of wing reason to believe that compliance will compression failure in the rear spar of damage. The commenters state that spar be guaranteed on a voluntary basis a Model 7AC airplane using this compression failures and spar damage alone. method. are a direct result of the airplane No changes have been made to the ACAC has incorporated procedures to flipping, ground looping, or other proposed AD as a result of these accomplish this inspection method into similar type of activity that causes wing comments. Service Letter 406, Revision A, dated damage. May 6, 1998, and the FAA has approved The FAA does not concur that the Comment Issue No. 6: The Proposed AD this inspection method as an alternative proposed AD should only apply to those Should Not Address Loose and Missing method of compliance to AD 98–05–04, airplanes that have a history of wing Nails which applies to the Model 8GCBC damage. The FAA agrees that incidents Four commenters feel that the airplanes. The owners of the Model involving wing damage are a major proposed AD should not include 8GCBC have been informed of this cause of compression failures and other procedures for inspecting for and inspection alternative through a special spar damage; however, the FAA has replacing loose or missing nails in the airworthiness information bulletin received reports of compression failures wing spars of the ACAC 7, 8, and 11 (SAIB). in airplanes without previous wing series airplanes. The commenters state As discussed in this document, the damage. that the nails are only used during FAA is withdrawing the NPRM (Docket However, to better understand all manufacture of the wing to hold the ribs No. 97–CE–79–AD) and will propose to causes of spar damage of the affected in place. supersede AD 98–05–04 with a new AD airplanes, the FAA has determined that The FAA does not concur. Rib nails (will be initiated as an NPRM) that all findings of aircraft wing damage are required to transfer the load from the would affect all 7, 8, and 11 series should be submitted on a Malfunction ribs to the spar. If the rib nails are loose airplanes and incorporate recommended or Defect Report (M or D), FAA Form or missing, damage to the wing spar alternative methods for complying with 8010–4, describing the damage and a could result from the ribs chafing

VerDate 06-MAY-99 14:39 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\04JNP1.XXX pfrm07 PsN: 04JNP1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules 29971 against the spar. For this reason, the Comment Issue No. 9: Reopen and while in flight. The covers are designed FAA has determined the procedures for Extend the Comment Period for the not to damage the reinforced cutout if inspecting for and replacing loose or NPRM the eight screws that attach the covers missing nails are justified. Two commenters request that the were inadvertently left off or not No changes have been made to the FAA reopen the comment period and tightened and the cover came off the proposed AD as a result of these allow more time for the public to airplane. comments. comment on the NPRM. These The FAA concurs with the request of commenters cite the large public allowing fabric patches in place of the Comment Issue No. 7: Properly interest as the reason for this request. top wing inspection covers, as an Performed Annual Inspections The FAA will establish a new acceptable standard practice. ACAC Eliminate the Need for the Proposed AD comment period. As discussed in this Service Letter 417, Revision C, dated May 6, 1998, includes procedures for Several commenters object to the document, the FAA is withdrawing the NPRM (Docket No. 97-CE–79-AD) and installing fabric patches. proposed AD because they feel that a As discussed in this document, the properly performed annual inspection is will propose to supersede AD 98–05–04 with a new AD (will be initiated as an FAA is withdrawing the NPRM (Docket adequate to detect spar damage. These No. 97–CE–79–AD) and will propose to commenters state that the maintenance NPRM) that would affect all ACAC 7, 8, and 11 series airplanes and incorporate supersede AD 98–05–04 with a new AD manual specifies regular inspections of (will be initiated as an NPRM) that the wing spars for cracks. recommended alternative methods for complying with the actions. The FAA would affect all 7, 8, and 11 series The FAA concurs that the will utilize an NPRM with a 45-day airplanes and incorporate recommended maintenance manual for the ACAC 7, 8, comment period to propose this new AD alternative methods for complying with and 11 series airplanes specifies to combine the actions. the actions. One of these alternative inspecting the wing spars for cracks methods will include the installation of during annual and 100-hour Comment Issue No. 10: Eliminate, these fabric patches. Minimize, or Provide Alternatives to inspections, particularly at the butt and Comment Issue No. 11: FAA Installing Inspection Covers strut attach points. However, sufficient Underestimated the Cost Impact of the guidance is not given on accessing the Numerous commenters express some Proposed AD spar or identifying compression failures. opposition to the proposed requirement Numerous commenters believe that These compression failures appear as of installing inspection covers on the the cost of installing the inspection hardly visible, minute, and jagged series wings of the ACAC 7, 8, and 11 series covers will be significantly greater than of lines that run across the grain on the airplanes. These comments include the the FAA estimated in the NPRM. top or bottom of the spar. If not viewed following: with detailed instruction and the right The FAA does not concur and —Top wing inspection covers could believes that the cost impact specified equipment, they may be overlooked. For leak, causing water damage to the spar these reasons, the FAA does not concur in the NPRM was indicative of the and resulting in a reduction of wing initial inspection and inspection cover that the inspections specified in the structural integrity; maintenance manual are adequate to installation costs associated with the —Top wing inspection covers could proposed action. The cost reflected an detect all wing spar cracks and come off during flight due to the compression failures. 11-inspection hole installation on each negative pressure on the top surface, wing (a total of 22). Utilizing the No changes have been made to the which could result in wing damage; alternative inspection method proposed AD as a result of these —Top wing inspection covers will cause referenced in ACAC Service Letter 406, comments. aerodynamic and performance Revision A, dated May 6, 1998, would concerns; and reduce the number of inspection holes Comment Issue No. 8: Compliance —The FAA should allow fabric patches required and consequently would Extension for Airplanes With Wings in place of top wing inspection That Have Been Rebuilt reduce the cost impact upon the public. covers. The FAA is incorporating this service Several commenters request an The FAA does not concur that water information into a new AD (will be extension to the compliance time for damage to the wing spar, resulting in initiated as an NPRM) that would those airplanes where the wing has been wing structural integrity reduction, or combine both the actions in the NPRM rebuilt. The commenters state that the aerodynamic and performance concerns, (Docket No. 97–CE–79–AD) and AD 98– wing spar was inspected during the will occur when inspection covers are 05–04. rebuild. installed on the wings of the affected airplanes. To address the concern of Comment Issue No. 12: Require The FAA does not concur. In order to water damage, ACAC added a water- Additional Training for Inspectors adequately inspect the wing spars for tight seal to the wing inspection cover Three commenters state that cracks and compression failures, the installation, which the FAA approved. compression failures are extremely detailed inspection procedures detailed As for aerodynamic and performance difficult to detect and are easily in ACAC Service Letter 406, Revision A, concerns, the top inspection covers overlooked. For these reasons, the dated May 6, 1998 (or procedures were designed as low-profile covers and commenters believe that the inspectors approved to be acceptable by the FAA), FAA flight test pilots have evaluated should obtain additional training in the must be utilized to adequately perform and approved them. Also, out of the detection of compression failures on the inspection. The FAA has over 200 sets of top inspection covers ACAC 7, 8, and 11 series airplanes. determined that cracks and compression delivered to the field, the FAA has not The FAA concurs that the failures have been overlooked because received any reports of decreased compression failures are difficult to these procedures were not followed. performance. detect and could be easily overlooked No changes have been made to the The FAA does not concur that the top by inspectors who are untrained in this proposed AD as a result of these inspection covers would cause wing area. ACAC Service Letter 406, Revision comments. damage if they came off the airplane A, dated May 6, 1998, contains a more

VerDate 06-MAY-99 08:37 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A04JN2.021 pfrm07 PsN: 04JNP1 29972 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules detailed description of compression service history of all the affected The FAA’s Determination failures than the original issue of this airplane models indicates that cracks After careful review of all available service letter, and also includes a and compression failures in the wing information related to the subject recommendation that inspectors should spars are unsafe conditions that need to presented above, including the have previous compression failure be addressed through AD action. comments submitted to the NPRM detection experience. The FAA has No changes to the proposal have been (Docket No. 97-CE–79–AD), the FAA determined that this more detailed made as a result of these comments. has determined that: description, combined with the inspection procedures included in the Comment Issue No. 15: Prohibit —The proposed rule should be service letter, should give the inspectors Aerobatic Flight Instead of Requiring withdrawn; and adequate information to detect Repetitive Inspections —A new NPRM should be issued in a different action that would supersede compression failures in the wing spars Five commenters state that spar of ACAC 7, 8, and 11 series airplanes. AD 98–05–04 with a new AD (will be damage is a direct result of aerobatic initiated as an NPRM) that would The FAA is incorporating this service flight. Because of this, the commenters information into a new AD (will be affect all 7, 8, and 11 series airplanes suggest that the FAA change the and incorporate recommended initiated as an NPRM) that would proposal to include a placard that combine both the actions in the NPRM alternative methods for complying specifies prohibiting aerobatic flight with the actions. (Docket No. 97–CE–79–AD) and AD 98– instead of the repetitive inspection 05–04. requirement currently proposed. Withdrawal of this NPRM constitutes only such action, and does not preclude Comment Issue No. 13: Delete the The FAA does not concur. Not all of the agency from issuing future Proposed Requirement To Install the affected airplanes are certificated for rulemaking on this issue, nor does it Additional Bottom Inspection Covers aerobatic flight. However, spar damage commit the agency to any course of Several commenters state additional has been found on many of the affected action in the future. Combining the inspection covers over that which airplane model designs, regardless of proposed actions of this NPRM and AD already exist may not be required for whether they have been certificated for 98–05–04 will be initiated in a different some aircraft. These commenters aerobatic flight. AD action. suggest that the FAA delete the specific No changes to the proposal have been Since this action only withdraws an proposed requirement in the NPRM of made as a result of these comments. NPRM, it is neither a proposed nor a installing additional bottom inspection Comment Issue No. 16: Install a ‘‘G’’ final rule and therefore, is not covered covers. Meter Instead of Requiring Repetitive under Executive Order 12866, the The FAA concurs. The inspection- Inspections Regulatory Flexibility Act, or DOT authorized mechanic who is performing Regulatory Policies and Procedures (44 the inspection is in the best position to Three commenters state that installing FR 11034, February 26, 1979). determine the number of bottom a ‘‘G’’ meter in the airplane will help inspection covers needed to accomplish limit the peak accelerations. The List of Subjects in 14 CFR Part 39 the intent of the AD. The selected commenters request that the FAA Air transportation, Aircraft, Aviation inspection method and the location of propose the ‘‘G’’ meter installation safety, Safety. previously installed inspection covers instead of repetitive inspections. The Withdrawal will determine the number and location The FAA does not concur. While the of the additional inspection covers FAA believes that installing a ‘‘G’’ meter Accordingly, the notice of proposed required to perform a thorough may aid in limiting peak accelerations, rulemaking, Docket No. 97–CE–79–AD, inspection. The service information this will not account for all wing published in the Federal Register on referenced in the NPRM has been loading conditions or detect existing November 3, 1997 (62 FR 59310), is revised and clarifies that additional spar damage before structural failure of withdrawn. inspection covers need only be installed the wing. Issued in Kansas City, Missouri, on May in order to accomplish a thorough spar No changes to the proposal have been 26, 1999. inspection. made as a result of these comments. Michael Gallagher, The FAA is incorporating this service Manager, Small Airplane Directorate, Aircraft information into a new AD (will be Comment Issue No. 17: Allow the Use Certification Service. initiated as an NPRM) that would of a Borescope as an Alternative [FR Doc. 99–14130 Filed 6–3–99; 8:45 am] combine both the actions in the NPRM Method of Compliance to the Proposed (Docket No. 97–CE–79–AD) and AD 98– Inspections BILLING CODE 4910±13±P 05–04. Several commenters request that the Comment Issue No. 14: The FAA FAA allow the use of a borescope as an DEPARTMENT OF TRANSPORTATION Proposed This AD Only for the alternative method of compliance to the Manufacturer’s Benefit inspections proposed in the NPRM. Federal Aviation Administration Numerous commenters object to the The FAA concurs that a borescope, 14 CFR Part 39 proposal and believe that the only when available, is an acceptable reason the FAA issued an NPRM is alternative inspection method. [Docket No. 98±CE±121±AD] because ACAC requested an AD to Therefore, this inspection method is RIN 2120±AA64 dodge a liability issue or make a profit. being incorporated into a new AD (will The FAA does not concur. The FAA be initiated as an NPRM) that would Airworthiness Directives; American has an obligation to implement AD combine both the actions in the NPRM Champion Aircraft Corporation 7, 8, action when an unsafe condition is (Docket No. 97–CE–79–AD) and AD 98– and 11 Series Airplanes found in a product and that unsafe 05–04. This inspection method is condition could develop in other referenced in ACAC Service Letter 406, AGENCY: Federal Aviation products of the same type design. The Revision A, dated May 6, 1998. Administration, DOT.

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ACTION: Notice of proposed rulemaking Comments Invited the front and rear wood spars on the (NPRM). Interested persons are invited to affected airplanes. SUMMARY: This document proposes to participate in the making of the In addition, the FAA issued a notice supersede Airworthiness Directive (AD) proposed rule by submitting such of proposed rulemaking (NPRM) (Docket 98–05–04, which currently requires written data, views, or arguments as No. 97–CE–79–AD) on October 27, 1997, repetitively inspecting the front and rear they may desire. Communications that, if followed by a final rule, would wood spars for damage, including should identify the Rules Docket have required the same actions as AD installing any necessary inspection number and be submitted in triplicate to 98–05–04 on all ACAC 7, 8, and 11 holes, on certain American Champion the address specified above. All series airplanes (excluding the Model Aircraft Corporation (ACAC) Model communications received on or before 8GCBC airplanes). This NPRM was 8GCBC airplanes; and repairing or the closing date for comments, specified published in the Federal Register as a replacing any damaged wood spar. above, will be considered before taking notice of proposed rulemaking (NPRM) Damage is defined as cracks; action on the proposed rule. The on November 3, 1997 (62 FR 59310). compression cracks; longitudinal cracks proposals contained in this notice may Numerous comments were received through the bolt holes or nail holes; or be changed in light of the comments on the NPRM (Docket No. 97–CE–79– loose or missing nails. The proposed AD received. AD). Many of these comments proposed would retain the actions of AD 98–05– Comments are specifically invited on that the FAA combine the actions of the 04; would extend these actions to ACAC the overall regulatory, economic, NPRM and AD 98–05–04 into one AD 7, 8, and 11 series airplanes; and would environmental, and energy aspects of that would affect all ACAC 7, 8, and 11 incorporate alternative methods of the proposed rule. All comments series airplanes and incorporate accomplishing the actions. The submitted will be available, both before recommended alternative methods for proposed AD is the result of a review of and after the closing date for comments, complying with the actions. in the Rules Docket for examination by the service history of the affected Relevant Service Information airplanes that incorporate wood wing interested persons. A report that spars. The review was prompted by in- summarizes each FAA-public contact ACAC Service Letter C–139, dated flight wing structural failures on ACAC concerned with the substance of this January 28, 1980, includes procedures Model 8GCBC airplanes, and revealed proposal will be filed in the Rules for inspecting the wing rib/spar several incidents where damage was Docket. attachment and leading edge support found on the front and rear wood spars Commenters wishing the FAA to block nails of the ACAC 7, 8, and 11 on the affected airplanes. The actions acknowledge receipt of their comments series airplanes. specified by the proposed AD are submitted in response to this notice must submit a self-addressed, stamped In addition, ACAC has issued other intended to prevent possible service information, as follows: compression cracks and other damage in postcard on which the following the wood spar wing, which, if not statement is made: ‘‘Comments to —Service Letter 406, Revision A, dated detected and corrected, could Docket No. 98–CE–121–AD.’’ The May 6, 1998, which includes eventually result in in-flight structural postcard will be date stamped and alternative methods of compliance to failure of the wing with consequent loss returned to the commenter. the actions required by AD 98–05–04 of the airplane. Availability of NPRMs and proposed in Docket No. 97–CE– DATES: Comments must be received on 79–AD; and Any person may obtain a copy of this or before July 16, 1999. NPRM by submitting a request to the —Service Letter 417, Revision C, dated ADDRESSES: Submit comments in FAA, Central Region, Office of the May 6, 1998, which includes triplicate to the Federal Aviation Regional Counsel, Attention: Rules procedures for installing fabric Administration (FAA), Central Region, Docket No. 98–CE–121–AD, Room 1558, patches instead of inspection hole Office of the Regional Counsel, 601 E. 12th Street, Kansas City, Missouri covers. Attention: Rules Docket No. 98–CE– 64106. The FAA’s Determination 121–AD, Room 1558, 601 E. 12th Street, Kansas City, Missouri 64106. Comments Discussion After examining all information may be inspected at this location AD 98–05–04, Amendment 39–10365 related to the NPRM (Docket No. 97– between 8 a.m. and 4 p.m., Monday (63 FR 10297, March 3, 1998), currently CE–79–AD) and AD 98–05–04, the FAA through Friday, holidays excepted. requires repetitively inspecting the front has determined that: Service information that applies to the and rear wood spars for damage, proposed AD may be obtained from the —The NPRM (Docket No. 97–CE–79– including installing any necessary AD) should be withdrawn; American Champion Aircraft inspection holes; and repairing or Corporation, P.O. Box 37, 32032 replacing any damaged wood spar on —AD 98–05–04 should be superseded Washington Avenue, Highway D, certain ACAC Model 8GCBC airplanes. with a new AD that would combine Rochester, Wisconsin 53167; internet Damage is defined as cracks; the actions of that AD and Docket No. address: compression cracks; longitudinal cracks 97–CE–79–AD, and incorporate ‘‘www.amerchampionaircraft.com’’. through the bolt holes or nail holes; or recommended alternative methods for This information also may be examined loose or missing nails. complying with those actions; and at the Rules Docket at the address above. The FAA issued AD 98–05–04 as a —AD action should be taken on all FOR FURTHER INFORMATION CONTACT: Mr. result of a review of the service history ACAC 7, 8, and 11 series airplanes to William Rohder, Aerospace Engineer, of the affected airplanes that incorporate prevent possible compression cracks FAA, Chicago Aircraft Certification wood wing spars. The review was and other damage in the wood spar Office, 2300 E. Devon Avenue, Des prompted by in-flight wing structural wing, which, if not detected and Plaines, Illinois 60018; telephone: (847) failures on ACAC Model 8GCBC corrected, could eventually result in 294–7697; facsimile: (847) 294–7834. airplanes, and revealed several in-flight structural failure of the wing SUPPLEMENTARY INFORMATION: incidents where damage was found on with consequent loss of the airplane.

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Explanation of the Provisions of the of the AD or within 13 calendar months after Regulatory Impact Proposed AD the effective date of the AD, whichever occurs first; and The regulations proposed herein Since an unsafe condition has been 2. The proposed repetitive inspections would not have substantial direct effects identified that is likely to exist or thereafter at intervals not to exceed 12 on the States, on the relationship develop in other ACAC 7, 8, and 11 calendar months or 500 hours TIS, whichever between the national government and series airplanes of the same type design, occurs first. the States, or on the distribution of power and responsibilities among the the FAA is proposing AD action to Cost Impact supersede AD 98–05–04. The proposed various levels of government. Therefore, AD would retain the actions of AD 98– Though the proposed AD would not in accordance with Executive Order 05–04; would extend these actions to all require installing additional inspection 12612, it is determined that this ACAC 7, 8, and 11 series airplanes; and holes/covers, the following cost analysis proposal would not have sufficient would incorporate alternative methods is based on the presumption that 11 federalism implications to warrant the of accomplishing the actions. The additional inspection holes/covers per preparation of a Federalism Assessment. inspections specified by the proposed wing would be required to complete a For the reasons discussed above, I AD would be accomplished in thorough inspection in accordance with certify that this action (1) is not a accordance with ACAC Service Letter ACAC Service Letter 406, Revision A, ‘‘significant regulatory action’’ under 406, Revision A, dated May 6, 1998. dated May 6, 1998. These inspection Executive Order 12866; (2) is not a The FAA is withdrawing the NPRM holes/covers may not be required, ‘‘significant rule’’ under DOT (Docket No. 97–CE–79–AD) in a which would reduce the proposed cost Regulatory Policies and Procedures (44 separate action. A full disposition of the impact upon U.S. operators of the FR 11034, February 26, 1979); and (3) if comments on the NPRM may be found affected airplanes. promulgated, will not have a significant in that document. The FAA estimates that 6,701 economic impact, positive or negative, airplanes in the U.S. registry would be on a substantial number of small entities Compliance Time of the Proposed AD affected by the proposed AD, that it under the criteria of the Regulatory The compliance time of the proposed would take approximately 6 workhours Flexibility Act. A copy of the draft AD is presented in calendar time and (Installations: 5 workhours; Initial regulatory evaluation prepared for this hours time-in-service (TIS). Although Inspection: 1 workhour) per airplane to action has been placed in the Rules the unsafe condition specified in the accomplish the proposed action, and Docket. A copy of it may be obtained by proposed AD is a result of airplane that the average labor rate is contacting the Rules Docket at the operation, operators of the affected approximately $60 an hour. Parts cost location provided under the caption airplanes utilize their airplanes in approximately $292 per airplane, ADDRESSES. different ways. provided that each airplane would only For example, an operator may utilize need 11 additional standard inspection List of Subjects in 14 CFR Part 39 his/her airplane 50 hours TIS in a year hole covers per wing bottom surface Air transportation, Aircraft, Aviation while utilizing the aircraft in no or very (total of 22 new covers per airplane). If safety, Safety. little crop dusting operations, banner or the airplane would require the The Proposed Amendment glider tow operations, or rough field or installation of more inspection covers float operations. This airplane would (i.e., a result of previous non-factory Accordingly, pursuant to the obviously have a lower crack wing recover work), the cost could be authority delegated to me by the propagation rate than an airplane slightly higher. Administrator, the Federal Aviation operated 300 hours TIS a year in Based on these figures, the total cost Administration proposes to amend 14 frequent crop dusting operations, impact of the proposed AD on U.S. CFR part 39 of the Federal Aviation banner or glider tow operations, or operators is estimated to be $4,369,052, Regulations as follows: rough field or float operations. However, or $652 per airplane. either airplane could have pre-existing These cost figures are based on the PART 39ÐAIRWORTHINESS and undetected wood spar damage that presumption that no affected Model DIRECTIVES occurred during previous operations. In 8GCBC airplane owner/operator has 1. The authority citation for part 39 this situation, the damage to the wood accomplished the installations or the continues to read as follows: spar would propagate at a rate that initial inspection as currently required Authority: 49 U.S.C. 106(g), 40113, 44701. depends on the operational exposure of by AD 98–05–04, and do not account for the airplane and severity of the initial repetitive inspections. The FAA has no § 39.13 [Amended] wood spar damage. way of determining the number of 2. Section 39.13 is amended by The FAA is proposing repetitive repetitive inspections each owner/ removing Airworthiness Directive (AD) inspection compliance times that would operator of the affected airplanes will 98–05–04, Amendment 39–10365 (63 coincide with the owner’s/operator’s incur over the life of his/her airplane. FR 10297, March 3, 1998), and by annual inspection program. This should However, each proposed repetitive adding a new AD to read as follows: have the least impact upon operators inspection would cost substantially less because the costs of having the airplane American Champion Aircraft Company: than the initial inspection because the Docket No. 98–CE–121–AD; Supersedes out of service can be absorbed with cost of the initial proposed inspection AD 98–05–04, Amendment 39–10365. regularly scheduled down-time. hole and cover installations would not Applicability: The following airplane To assure that compression cracks do be repetitive. The inspection covers models, all serial numbers, certificated in any not go undetected in the wood spars of allow easy access for the inspection of category, that are equipped with wood wing the affected airplanes, the FAA has the wood spars, and the proposed spars: determined that the following compliance time would enable the 7AC compliance times should be used: owners/operators of the affected 7BCM (L–16A) 1. The proposed initial inspection at the airplanes to accomplish the repetitive 7DC first annual inspection that occurs 30 inspections at regularly scheduled S7EC calendar days or more after the effective date annual inspections. 7GC

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7GCB Circular (AC) 43.13–1B, Acceptable Methods, (h) Availability of Service Information: All 7HC Techniques and Practices; or other data that persons affected by this directive may obtain 7KCAB is approved by the FAA for wing spar repair copies of the documents referred to herein 11AC or replacement. upon request to the American Champion S11BC (b) Repetitive Inspections: Accomplish the Aircraft Corporation, P.O. Box 37, 32032 7ACA inspection, repair, replacement, and Washington Avenue, Highway D, Rochester, 7CCM (L–16B) installation required by paragraphs (a)(1) and Wisconsin 53167; internet address: S7DC (a)(2) of this AD within 12 calendar months ‘‘www.amerchampionaircraft.com’’; or may 7ECA or 500 hours TIS (whichever occurs first) examine these documents at the FAA, 7GCA after these initial actions, and thereafter at Central Region, Office of the Regional 7GCBA intervals not to exceed 12 calendar months Counsel, Room 1558, 601 E. 12th Street, 7JC or 500 hours TIS, whichever occurs first. Kansas City, Missouri 64106. 8GCBC (c) Additional Inspection Requirements (i) Other AD’s Affected: This amendment S11AC After Accident/Incident: If, after the effective supersedes AD 98–05–04, Amendment 39– 11CC date of this AD, any of the affected airplanes 10365. are involved in an incident/accident that S7AC Issued in Kansas City, Missouri, on May involves wing damage (e.g., surface S7CCM 26, 1999. 7EC deformations such as abrasions, gouges, 7FC scratches, or dents, etc.), prior to further Michael Gallagher, 7GCAA flight after that incident/accident, Manager, Small Airplane Directorate, Aircraft 7GCBC accomplish the inspection and repair or Certification Service. 7KC replacement required by paragraphs (a)(1) [FR Doc. 99–14131 Filed 6–3–99; 8:45 am] and (a)(2) of this AD, as applicable. 8KCAB BILLING CODE 4910±13±P 11BC (d) Reporting Requirements: Within 30 S11CC days after any wing damage is found per the requirements of this AD, submit a Note 1: This AD applies to each airplane Malfunction or Defect Report (M or D), FAA DEPARTMENT OF THE TREASURY identified in the preceding applicability Form 8010–4, which describes the damage; provision, regardless of whether it has been and send a copy of this report to the Customs Service modified, altered, repaired, or reconfigured Manager, Chicago Aircraft Certification in the area subject to the requirements of this Office (ACO), 2300 E. Devon Avenue, Des 19 CFR PARTS 4 AND 159 AD. For airplanes that have been modified, Plaines, Illinois 60018; facsimile: (847) 294– altered, repaired, or reconfigured so that the 7834. Include the airplane model and serial RIN 1515±AC30 performance of the requirements of this AD number, the extent of the damage (location is affected, the owner/operator must request and type), and the number of total hours TIS Foreign Repairs to American Vessels approval for an alternative method of on the damaged wing. Information collection AGENCY: compliance in accordance with paragraph (g) requirements contained in this regulation Customs Service, Department of this AD. The request should include an have been approved by the Office of of the Treasury. assessment of the effect of the modification, Management and Budget (OMB) under the ACTION: Proposed rule; extension of alteration, or repair on the unsafe condition provisions of the Paperwork Reduction Act of comment period. addressed by this AD; and, if the unsafe 1980 (44 U.S.C. 3501 et seq.) and have been condition has not been eliminated, the assigned OMB Control Number 2120–0056. SUMMARY: This document provides an request should include specific proposed (e) Alternatives to the AD: ACAC Service additional 30 days for interested actions to address it. Letter 406, Revision A, and ACAC Service members of the public to submit Compliance: Required as indicated in the Letter 417, Revision C, both dated May 6, comments on proposed amendments to body of this AD, unless already 1998, specify additional inspection and accomplished. installation alternatives over that included in the Customs Regulations concerning To prevent possible compression cracks the original issue of these service letters. All foreign repairs to American vessels. The and other damage in the wood spar wing, inspection and installation alternatives proposed amendments would revise the which, if not detected and corrected, could presented in these service letters are regulations regarding the declaration, eventually result in in-flight structural failure acceptable for accomplishing the applicable entry, assessment of duty and of the wing with consequent loss of the actions of this AD. processing of petitions for relief from airplane, accomplish the following: (f) Special Flight Permits: Special flight duty for vessels of the United States that (a) Initial Inspection With Possible Repair permits may be issued in accordance with undergo foreign shipyard operations. or Replacement: Inspect and repair or replace sections 21.197 and 21.199 of the Federal the wood wing spars, as follows: Aviation Regulations (14 CFR 21.197 and The proposed amendments to the vessel (1) At the first annual inspection that 21.199) to operate the airplane to a location repair regulations are intended to occurs 30 calendar days or more after the where the requirements of this AD can be accurately reflect current statutory law, effective date of this AD or within the next accomplished. as well as legal and policy 13 calendar months after the effective date of (g) Alternative Methods of Compliance: An determinations made as a result of this AD, whichever occurs first, inspect alternative method of compliance or judicial decisions and administrative (detailed visual) both the front and rear wood adjustment of the initial or repetitive enforcement experience. wing spars for cracks; compression cracks; compliance times that provides an equivalent DATES: longitudinal cracks through the bolt holes or level of safety may be approved by the Comments must be received on nail holes; and loose or missing rib nails Manager, Chicago ACO, 2300 E. Devon or before July 21, 1999. (referred to as damage hereafter). Accomplish Avenue, Des Plaines, Illinois 60018. ADDRESSES: Comments may be these inspections in accordance with (1) The request shall be forwarded through addressed to the Regulations Branch, American Champion Aircraft Corporation an appropriate FAA Maintenance Inspector, U.S. Customs Service, 1300 (ACAC), Service Letter 406, Revision A, who may add comments and then send it to Pennsylvania Avenue, NW., 3rd Floor, dated May 6, 1998. This service bulletin the Manager, Chicago ACO. Washington D.C. 20229. All comments (2) Alternative methods of compliance specifies using a high intensity flexible light submitted will be available for public (for example a ‘‘Bend-A-Light’’). A regular approved in accordance with AD 98–05–04 flashlight and mirrors may not be used for are considered approved for this AD. inspection in accordance with the this inspection. Note 2: Information concerning the Freedom of Information Act (5 U.S.C. (2) If any spar damage is found, prior to existence of approved alternative methods of 552), § 1.4, Treasury Department further flight, repair or replace the wood compliance with this AD, if any, may be Regulations (31 CFR 1.4), and wing spar in accordance with Advisory obtained from the Chicago ACO. § 103.11(b), Customs Regulations (19

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CFR 103.11(b)), between 9:00 a.m. and SUMMARY: The EPA proposes to approve final rule which is published in the 4:30 p.m. on normal business days at the State Implementation Plan (SIP) rules section of this Federal Register. the above address. revision submitted by the State of Dated: March 30, 1999. FOR FURTHER INFORMATION CONTACT: Alabama through the Alabama A. Stanley Meiburg, Department of Environmental Larry L. Burton, Office of Regulations Acting Regional Administrator, Region 4. Management (ADEM) on November 13, and Rulings, 202–927–1287. [FR Doc. 99–13945 Filed 6–3–99; 8:45 am] SUPPLEMENTARY INFORMATION: 1992. This revision consists of the 1990 base year ozone emission inventory for BILLING CODE 6560±50±P Background the Birmingham marginal ozone nonattainment area. Customs published a document in the ENVIRONMENTAL PROTECTION In the final rules section of this Federal Register (64 FR 19508) on April AGENCY 21, 1999, inviting the public to Federal Register, the EPA is approving comment on proposed amendments to Alabama’s SIP revision as a direct final 40 CFR Part 62 its regulations concerning foreign rule without prior proposal because the [FL±79±9918b; FRL±6352±6] repairs to American vessels. Agency views this as a noncontroversial amendment and anticipates no adverse Specifically, the proposed amendments Approval and Promulgation of State comments. A detailed rationale for the would revise the Customs Regulations Plans for Designated Facilities and approval is set forth in the direct final regarding the declaration, entry, Pollutants: Florida assessment of duty and processing of rule. If no adverse comments are petitions for relief from duty for vessels received in response to this action, no AGENCY: Environmental Protection of the United States that undergo foreign further activity is contemplated in Agency (EPA). shipyard operations. The proposed relation to this proposed rule. If EPA ACTION: Proposed rule. amendments to the vessel repair receives adverse comments, the direct regulations are intended to accurately final rule will be withdrawn and all SUMMARY: EPA proposes to approve the reflect current statutory law, as well as public comments received will be section 111(d) Plan submitted by the legal and policy determinations made as addressed in a subsequent final rule Florida Department of Environmental a result of judicial decisions and based on this proposed rule. The EPA Protection (DEP) for the State of Florida administrative enforcement experience. will not institute a second comment on October 28, 1998, for implementing Comments on the proposed rule were period on this document. Any parties and enforcing the Emissions Guidelines due on or before June 21, 1999. interested in commenting on this applicable to existing Municipal Solid However, a request has been made on document should do so at this time. Waste Landfills. The Plan was behalf of a large shipping concern to DATES: To be considered, comments submitted by the Florida DEP to satisfy extend the period of time for comments must be received by July 6, 1999. certain Federal Clean Air Act requirements. In the Final Rules section on the proposed rule for an additional ADDRESSES: Written comments on this of this Federal Register, EPA is 30 days (until July 21, 1999). The action should be addressed to Joey additional time is requested so that a approving the Florida State Plan LeVasseur at the Environmental submittal as a direct final rule without thorough and meaningful comment may Protection Agency, Region 4 Air be prepared, in light of the fact that the prior proposal because the Agency Planning Branch, 61 Forsyth Street, SW, views this as a noncontroversial proposal involves a major revision of Atlanta, Georgia 30303. Copies of the vessel repair regulations. submittal and anticipates that it will not documents relative to this action are receive any significant, material, and Customs has concluded under the available for public inspection during circumstances that this request has adverse comments. A detailed rationale normal business hours at the following for the approval is set forth in the direct merit. Accordingly, the period of time locations. The interested persons for the submission of public comments final rule and incorporated herein. If no wanting to examine these documents significant, material, and adverse on the proposed rule is being extended should make an appointment with the as requested. comments are received in response to appropriate office at least 24 hours this action, no further activity is Dated: June 1, 1999. before the visiting day. Reference file contemplated in relation to this Stuart P. Seidel, AL–40–2–9909. The Region 4 office may proposed rule. If EPA receives adverse Assistant Commissioner, Office of have additional background documents comments, the direct final rule will be Regulations and Rulings. not available at the other locations. withdrawn and all public comments [FR Doc. 99–14167 Filed 6–3–99; 8:45 am] Air and Radiation Docket and received will be addressed in a BILLING CODE 4820±02±P Information Center (Air Docket 6102), subsequent final rule based on this U.S. Environmental Protection proposed rule. EPA will not institute a Agency, 401 M Street, SW, second comment period on this action. Washington, DC 20460. DATES: Comments on this proposed rule ENVIRONMENTAL PROTECTION Environmental Protection Agency, AGENCY must be received in writing by July 6, Region 4 Air Planning Branch, 61 1999. Forsyth Street, SW, Atlanta, Georgia 40 CFR Part 52 ADDRESSES: Written comments should 30303–8960. be addressed to Joey Levasseur at the [AL±40±2±9909b; FRL±6352±4] Alabama Department of Environmental EPA Regional Office listed below. Management, 1751 Congressman W.L. Copies of the documents relevant to this Approval and Promulgation of Dickinson Drive, Montgomery, proposed rule are available for public Implementation Plans; Alabama Alabama 36109. inspection during normal business FOR FURTHER INFORMATION CONTACT: Joey AGENCY: Environmental Protection hours at the following locations. The LeVasseur at 404/562–9035. Agency (EPA). interested persons wanting to examine SUPPLEMENTARY INFORMATION: For these documents should make an ACTION: Proposed rule. additional information see the direct appointment with the appropriate office

VerDate 06-MAY-99 08:37 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A04JN2.034 pfrm07 PsN: 04JNP1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules 29977 at least 24 hours before the day of the FOR FURTHER INFORMATION CONTACT: restriction, at coordinates 33–04–30 NL; visit. Leslie K. Shapiro, Mass Media Bureau, 106–01–06 WL. Mexican concurrence in Environmental Protection Agency, (202) 418–2180. the allotment is required since Tularosa Region 4, Air Planning Branch, 61 SUPPLEMENTARY INFORMATION: This is a is located within 320 kilometers (199 Forsyth Street, SW, Atlanta, Georgia synopsis of the Commission’s Notice of miles) of the U.S.-Mexican border. 30303–8960. Proposed Rule Making, MM Docket No. DATES: Comments must be filed on or Florida Department of Environmental 99–190, adopted May 12, 1999, and before July 12, 1999, and reply Protection, Air Resources Management released May 21, 1999. The full text of Division, Twin Towers Office Building, this Commission decision is available comments on or before July 27, 1999. 2600 Blair Stone Road, Tallahassee, for inspection and copying during ADDRESSES: Federal Communications Florida 32399–2400. normal business hours in the FCC Commission, 445 12th Street, SW, Room FOR FURTHER INFORMATION CONTACT: Joey Reference Center, 445 12th Street, SW, TW–A325, Washington, DC 20554. In Levasseur at (404) 562–9035 or Scott Washington, DC. The complete text of addition to filing comments with the Davis at (404) 562–9127. this decision may also be purchased FCC, interested parties should serve the SUPPLEMENTARY INFORMATION: See the from the Commission’s copy contractor, petitioner, or its counsel or consultant, information provided in the Direct Final International Transcription Services, as follows: Victor A. Michael, Jr., action which is located in the Rules Inc., (202) 857–3800, 1231 20th Street, President, Mountain West Broadcasting, section of this Federal Register and NW, Washington, DC 20036. incorporated herein. 6807 Foxglove Drive, Cheyenne, WY Provisions of the Regulatory 82009 (Petitioner). Dated: April 21, 1999. Flexibility Act of 1980 do not apply to A. Stanley Meiburg, this proceeding. FOR FURTHER INFORMATION CONTACT: Acting Regional Administrator, Region 4. Members of the public should note Leslie K. Shapiro, Mass Media Bureau, [FR Doc. 99–13943 Filed 6–3–99; 8:45 am] that from the time a Notice of Proposed (202) 418–2180. Rule Making is issued until the matter BILLING CODE 6560±50±P SUPPLEMENTARY INFORMATION: is no longer subject to Commission This is a consideration or court review, all ex synopsis of the Commission’s Notice of parte contacts are prohibited in Proposed Rule Making, MM Docket No. FEDERAL COMMUNICATIONS 99–191, adopted May 12, 1999, and COMMISSION Commission proceedings, such as this one, which involve channel allotments. released May 21, 1999. The full text of this Commission decision is available 47 CFR Part 73 See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. for inspection and copying during [MM Docket No. 99±190, RM±9631] For information regarding proper normal business hours in the FCC Reference Center, 445 12th Street, SW, Radio Broadcasting Services; Colony, filing procedures for comments, see 47 Washington, DC. The complete text of OK CFR 1.415 and 1.420. this decision may also be purchased List of Subjects in 47 CFR Part 73 AGENCY: Federal Communications from the Commission’s copy contractor, Commission. Radio broadcasting. International Transcription Services, ACTION: Proposed rule. Federal Communications Commission. Inc., (202) 857–3800, 1231 20th Street, John A. Karousos, NW, Washington, DC 20036. SUMMARY: The Commission requests comments on a petition filed by Suelou, Chief, Allocations Branch, Policy and Rules Provisions of the Regulatory Inc., seeking the allotment of Channel Division, Mass Media Bureau. Flexibility Act of 1980 do not apply to 286A to Colony, OK, as its first local [FR Doc. 99–14104 Filed 6–3–99; 8:45 am] this proceeding. aural service. Channel 286A can be BILLING CODE 6712±01±P Members of the public should note allotted to Colony in compliance with that from the time a Notice of Proposed the Commission’s minimum distance FEDERAL COMMUNICATIONS Rule Making is issued until the matter separation requirements with a site COMMISSION is no longer subject to Commission restriction of 2.7 kilometers (1.7 miles) consideration or court review, all ex northwest, at coordinates 35–22–15 NL; 47 CFR Part 73 parte contacts are prohibited in 98–41–23 WL, to avoid a short-spacing Commission proceedings, such as this [MM Docket No. 99±191, RM±9632] to Station KBLP, Channel 286A, one, which involve channel allotments. Lindsay, OK. Petitioner is requested to Radio Broadcasting Services; See 47 CFR 1.1204(b) for rules provide further information to governing permissible ex parte contacts. demonstrate that Colony is a Tularosa, NM For information regarding proper ‘‘community’’ for allotment purposes. AGENCY: Federal Communications filing procedures for comments, see 47 DATES: Comments must be filed on or Commission. CFR 1.415 and 1.420. before July 12, 1999, and reply ACTION: Proposed rule. comments on or before July 27, 1999. List of Subjects in 47 CFR Part 73 ADDRESSES: Federal Communications SUMMARY: The Commission requests Commission, 445 12th Street, SW, Room comments on a petition filed by Radio broadcasting. TW–A325, Washington, DC 20554. In Mountain West Broadcasting seeking Federal Communications Commission. addition to filing comments with the the allotment of Channel 274C3 to John A. Karousos, FCC, interested parties should serve the Tularosa, NM, as the community’s first petitioner, or its counsel or consultant, local aural service. Channel 274C3 can Chief, Allocations Branch, Policy and Rules as follows: Jeffrey D. Southmayd, be allotted to Tularosa in compliance Division, Mass Media Bureau. Southmayd & Miller, 1220 19th Street, with the Commission’s minimum [FR Doc. 99–14105 Filed 6–3–99; 8:45 am] NW, Washington, DC 20036 (Counsel to distance separation requirements BILLING CODE 6712±01±P petitioner). without the imposition of a site

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FEDERAL COMMUNICATIONS For information regarding proper CY–A257), 445 12th Street, SW., COMMISSION filing procedures for comments, see 47 Washington, DC. The complete text of CFR 1.415 and 1.420. this decision may also be purchased 47 CFR Part 73 from the Commission’s copy contractor, List of Subjects in 47 CFR Part 73 [MM Docket No. 99±192, RM±9633] International Transcription Service, Radio broadcasting. Inc., (202) 857–3800, 1231 20th Street, Radio Broadcasting Services; Federal Communications Commission. NW., Washington, DC 20036. Ravenna, NE John A. Karousos, Provisions of the Regulatory Flexibility Act of 1980 do not apply to AGENCY: Federal Communications Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. this proceeding. Commission. Members of the public should note ACTION: Proposed rule. [FR Doc. 99–14106 Filed 6–3–99; 8:45 am] that from the time a Notice of Proposed BILLING CODE 6712±01±P Rule Making is issued until the matter SUMMARY: The Commission requests is no longer subject to Commission comments on a petition filed by consideration or court review, all ex FEDERAL COMMUNICATIONS Mountain West Broadcasting seeking parte contacts are prohibited in COMMISSION the allotment of Channel 276C2 to Commission proceedings, such as this Ravenna, NE, as the community’s first one, which involve channel allotments. local aural service. Channel 276C2 can 47 CFR Part 73 See 47 CFR 1.1204(b) for rules be allotted to Ravenna in compliance [MM Docket No. 99±193; RM±9561] governing permissible ex parte contacts. with the Commission’s minimum For information regarding proper distance separation requirements Radio Broadcasting Services; Moville, filing procedures for comments, see 47 without the imposition of a site IA CFR 1.415 and 1.420. restriction, at coordinates 41–01–36 NL; 98–54–48 WL. AGENCY: Federal Communications List of Subjects in 47 CFR Part 73 Commission. DATES: Comments must be filed on or Radio broadcasting. ACTION: Proposed rule. before July 12, 1999, and reply Federal Communications Commission. comments on or before July 27, 1999. SUMMARY: The Commission requests John A. Karousos, ADDRESSES: Federal Communications comments on a petition filed by Chief, Allocations Branch, Policy and Rules Commission, 445 12th Street, S.W., Mountain West Broadcasting proposing Division, Mass Media Bureau. Room TW–A325, Washington, DC the allotment of Channel 246A at [FR Doc. 99–14107 Filed 6–3–99; 8:45 am] 20554. In addition to filing comments Moville, Iowa, as the community’s first BILLING CODE 6712±01±P with the FCC, interested parties should local aural transmission service. serve the petitioner, or its counsel or Channel 246A can be allotted to Moville consultant, as follows: Victor A. in compliance with the Commission’s FEDERAL COMMUNICATIONS Michael, Jr., President, Mountain West minimum distance separation COMMISSION Broadcasting, 6807 Foxglove Drive, requirements with a site restriction of Cheyenne, WY 82009 (Petitioner). 5.2 kilometers (3.2 miles) east to avoid 47 CFR Part 73 FOR FURTHER INFORMATION CONTACT: a short-spacing to the licensed site of [MM Docket No. 99±194; RM±9562] Leslie K. Shapiro, Mass Media Bureau, Station KMXC(FM), Channel 247C1, (202) 418–2180. Sioux Falls, Iowa. The coordinates for Radio Broadcasting Services; SUPPLEMENTARY INFORMATION: This is a Channel 246A at Moville are 42–29–11 Rockford, IA synopsis of the Commission’s Notice of North Latitude and 96–00–36 West Proposed Rule Making, MM Docket No. Longitude. AGENCY: Federal Communications Commission. 99–192, adopted May 12, 1999, and DATES: Comments must be filed on or released May 21, 1999. The full text of before July 12, 1999, and reply ACTION: Proposed rule. this Commission decision is available comments on or before July 27, 1999. SUMMARY: for inspection and copying during The Commission requests ADDRESSES: Federal Communications comments on a petition filed by normal business hours in the FCC Commission, Washington, DC 20554. In Reference Center, 445 12th Street, SW, Mountain West Broadcasting proposing addition to filing comments with the the allotment of Channel 225A at Washington, DC. The complete text of FCC, interested parties should serve the this decision may also be purchased Rockford, Iowa, as the community’s first petitioner, his counsel, or consultant, as local aural transmission service. from the Commission’s copy contractor, follows: Victor A. Michael, Jr. President, International Transcription Services, Channel 225A can be allotted to Mountain West Broadcasting, 6807 Inc., (202) 857–3800, 1231 20th Street, Rockford in compliance with the Foxglove Drive, Cheyenne, Wyoming NW, Washington, DC 20036. Commission’s minimum distance Provisions of the Regulatory 82009 (Petitioner). separation requirements with a site Flexibility Act of 1980 do not apply to FOR FURTHER INFORMATION CONTACT: restriction of 2.3 kilometers (1.4 miles) this proceeding. Sharon P. McDonald, Mass Media southwest to avoid short-spacings to the Members of the public should note Bureau, (202) 418–2180. licensed sites of Station KATF(FM), that from the time a Notice of Proposed SUPPLEMENTARY INFORMATION: This is a Channel 225C1, Dubuque, Iowa, and Rule Making is issued until the matter synopsis of the Commission’s Notice of Station KFSI(FM), Channel 225A, is no longer subject to Commission Proposed Rule Making, MM Docket No. Rochester, Minnesota. The coordinates consideration or court review, all ex 99–193, adopted May 12, 1999, and for Channel 225A at Rockford are 43– parte contacts are prohibited in released May 21, 1999. The full text of 01–55 North Latitude and 92–57–53 Commission proceedings, such as this this Commission decision is available West Longitude. one, which involve channel allotments. for inspection and copying during DATES: Comments must be filed on or See 47 CFR 1.1204(b) for rules normal business hours in the FCC before July 12, 1999, and reply governing permissible ex parte contacts. Reference Information Center (Room comments on or before July 27, 1999.

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ADDRESSES: Federal Communications SUMMARY: The Commission requests Federal Communications Commission. Commission, Washington, DC 20554. In comments on a petition filed by John A. Karousos, addition to filing comments with the Mountain West Broadcasting proposing Chief, Allocations Branch, Policy and Rules FCC, interested parties should serve the the allotment of Channel 293C1 at Division, Mass Media Bureau. petitioner, his counsel, or consultant, as Wheatland, Wyoming, as the [FR Doc. 99–14109 Filed 6–3–99; 8:45 am] follows: Victor A. Michael, Jr. President, community’s second local FM BILLING CODE 6712±01±P Mountain West Broadcasting, 6807 transmission service. Channel 293C1 Foxglove Drive, Cheyenne, Wyoming can be allotted to Wheatland in 82009 (Petitioner). compliance with the Commission’s FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: minimum distance separation COMMISSION Sharon P. McDonald, Mass Media requirements with a site restriction 41 Bureau, (202) 418–2180. kilometers (25.5 miles) north to avoid a 47 CFR Part 73 SUPPLEMENTARY INFORMATION: This is a short-spacing to the allotment site for [MM Docket No. 99±196; RM±9619] synopsis of the Commission’s Notice of Channel 292C3, Cheyenne, Wyoming. Proposed Rule Making, MM Docket No. The coordinates for Channel 293C1 at Radio Broadcasting Services; Bethel 99–194, adopted May 12, 1999, and Wheatland are 42–25–32 North Latitude Springs, TN and 104–57–21 West Longitude. released May 21, 1999. The full text of AGENCY: Federal Communications this Commission decision is available DATES: Comments must be filed on or Commission. for inspection and copying during before July 12, 1999, and reply ACTION: Proposed rule. normal business hours in the FCC comments on or before July 27, 1999. Reference Information Center (Room ADDRESSES: Federal Communications SUMMARY: The Commission requests CY–A257), 445 12th Street, SW., Commission, Washington, DC 20554. In comments on a petition filed by Sherry Washington, DC. The complete text of addition to filing comments with the A. Brown proposing the allotment of this decision may also be purchased FCC, interested parties should serve the Channel 249A at Bethel Springs, from the Commission’s copy contractor, petitioner, his counsel, or consultant, as Tennessee, as the community’s first International Transcription Service, follows: Victor A. Michael, Jr. President, local aural transmission service. Inc., (202) 857–3800, 1231 20th Street, Mountain West Broadcasting, 6807 Channel 249A can be allotted to Bethel NW., Washington, DC 20036. Foxglove Drive, Cheyenne, Wyoming Springs in compliance with the Provisions of the Regulatory 82009 (Petitioner). Commission’s minimum distance Flexibility Act of 1980 do not apply to FOR FURTHER INFORMATION CONTACT: separation requirements with a site this proceeding. Sharon P. McDonald, Mass Media restriction of 5.9 kilometers (3.6 miles) Members of the public should note Bureau, (202) 418–2180. north to avoid short-spacings to the that from the time a Notice of Proposed licensed sites of Station WWMS(FM), SUPPLEMENTARY INFORMATION: Rule Making is issued until the matter This is a Channel 248C1, Oxford, Mississippi, is no longer subject to Commission synopsis of the Commission’s Notice of and Station WKGL(FM), Channel 249A consideration or court review, all ex Proposed Rule Making, MM Docket No. at Russellville, Alabama. The parte contacts are prohibited in 99–195, adopted May 12, 1999, and coordinates for Channel 249A at Bethel Commission proceedings, such as this released May 21, 1999. The full text of Springs are 35–17–02 North Latitude one, which involve channel allotments. this Commission decision is available and 88–37–36 West Longitude. for inspection and copying during See 47 CFR 1.1204(b) for rules DATES: Comments must be filed on or governing permissible ex parte contacts. normal business hours in the FCC Reference Information Center (Room before July 12, 1999, and reply For information regarding proper comments on or before July 27, 1999. filing procedures for comments, see 47 CY–257), 445 12th Street, ADDRESSES: Federal Communications CFR 1.415 and 1.420. SW.,Washington, DC. The complete text of this decision may also be purchased Commission, Washington, DC 20554. In List of Subjects in 47 CFR Part 73 from the Commission’s copy contractor, addition to filing comments with the Radio broadcasting. International Transcription Service, FCC, interested parties should serve the Inc., (202) 857–3800, 1231 20th Street, petitioner, his counsel, or consultant, as Federal Communications Commission. NW., Washington, DC 20036. follows: Jimmy D. Brown, 3668 Kimball John A. Karousos, Provisions of the Regulatory Avenue, Memphis, Tennessee 38111 Chief, Allocations Branch, Policy and Rules Flexibility Act of 1980 do not apply to (Consultant for Petitioner). Division, Mass Media Bureau. this proceeding. FOR FURTHER INFORMATION CONTACT: [FR Doc. 99–14108 Filed 6–3–99; 8:45 am] Members of the public should note Sharon P. McDonald, Mass Media BILLING CODE 6712±01±P that from the time a Notice of Proposed Bureau, (202) 418–2180. Rule Making is issued until the matter SUPPLEMENTARY INFORMATION: This is a is no longer subject to Commission synopsis of the Commission’s Notice of FEDERAL COMMUNICATIONS consideration or court review, all ex Proposed Rule Making, MM Docket No. COMMISSION parte contacts are prohibited in 99–196, adopted May 12, 1999, and 47 CFR Part 73 Commission proceedings, such as this released May 21, 1999. The full text of one, which involve channel allotments. this Commission decision is available [MM Docket No. 99±195; RM±9563] See 47 CFR 1.1204(b) for rules for inspection and copying during governing permissible ex parte contacts. normal business hours in the FCC Radio Broadcasting Services; For information regarding proper Reference Information Center (Room Wheatland, WY filing procedures for comments, see 47 CY–A257), 445 12th Street, S.W, AGENCY: Federal Communications CFR 1.415 and 1.420. Washington, DC. The complete text of this decision may also be purchased Commission. List of Subjects in 47 CFR Part 73 from the Commission’s copy contractor, ACTION: Proposed rule. Radio broadcasting. International Transcription Service,

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Inc., (202) 857–3800, 1231 20th Street, has been no interest expressed for the eight television stations in the Utah NW., Washington, DC 20036. allotment of a channel at Cross City, the market that include: Brigham Young Provisions of the Regulatory Report and Order dismisses the University, licensee of NCE station Flexibility Act of 1980 do not apply to proposal. KBYU–TV, Provo; Larry H. Miller this proceeding. DATES: The proposal is dismissed as of Communications Corporation, licensee Members of the public should note June 4, 1999. of station KJZZ–TV, Salt Lake City; that from the time a Notice of Proposed FOR FURTHER INFORMATION CONTACT: Bonneville Holding Company, licensee Rule Making is issued until the matter Kathleen Scheuerle, Mass Media of station KSL–TV, Salt Lake City; is no longer subject to Commission Bureau, (202) 418–2180. United Television, Inc., licensee of consideration or court review, all ex SUPPLEMENTARY INFORMATION: This is a station KTVX, Salt Lake City; University parte contacts are prohibited in summary of the Commission’s Report of Utah, licensee of NCE stations KUED, Commission proceedings, such as this and Order, MM Docket No. 98–190, Salt Lake City and KULC, Ogden; KUTV one, which involve channel allotments. adopted May 12, 1999, and released Associates, licensee of station KUTV, See 47 CFR 1.1204(b) for rules May 21,1999. The full text of this Salt Lake City; and ACME Television governing permissible ex parte contacts. Commission decision is available for Licenses of Utah, LLC, proposed For information regarding proper inspection and copying during normal licensee of station KUWB, Ogden. See filing procedures for comments, see 47 business hours in the Commission’s supplementary information, infra. CFR 1.415 and 1.420. Reference Center, Washington, DC. The DATES: Comments must be filed on or complete text of this decision may also List of Subjects in 47 CFR Part 73 before July 12, 1999, and reply be purchased from the Commission’s Radio broadcasting. comments on or before July 27, 1999. copy contractors, International Federal Communications Commission. Transcription Services, Inc., 1231 20th ADDRESSES: Federal Communications John A. Karousos, Street, NW., Washington, DC. 20036, Commission, 445 12th Street, SW, Room Chief, Allocations Branch, Policy and Rules (202) 857–3800, facsimile (202) 857– TW–A325, Washington, DC 20554. In Division, Mass Media Bureau. 3805. addition to filing comments with the [FR Doc. 99–14110 Filed 6–3–99; 8:45 am] List of Subjects in 47 CFR Part 73 FCC, interested parties should serve the BILLING CODE 6712±01±P petitioner, or its counsel or consultant, Radio Broadcasting. as follows: Jonathan D. Blake and Federal Communications Commission. Jennifer A. Johnson, Covington & FEDERAL COMMUNICATIONS John A. Karousos, Burling, 1201 Pennsylvania Avenue, COMMISSION Chief, Allocations Branch, Policy and Rules NW, Washington, DC 20044–7566 Division, Mass Media Bureau. (Counsel) 47 CFR Part 73 [FR Doc. 99–14111 Filed 6–3–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: Pam [MM Docket No. 98±190 RM±9317] BILLING CODE 6712±01±P Blumenthal, Mass Media Bureau, (202) Radio Broadcasting Services; Cross 418–1600. City, FL FEDERAL COMMUNICATIONS SUPPLEMENTARY INFORMATION: Channels COMMISSION AGENCY: Federal Communications *36, *44, 46 and 48 can be substituted Commission. and allotted to Ogden, Provo, Salt Lake 47 CFR Part 73 City, and Ogden, Utah, as proposed, in ACTION: Proposed rule; dismissal. [MM Docket No. 99±197, RM±9573] compliance with the principal SUMMARY: This document dismisses a community coverage requirements of proposal filed by Tony Downes Digital Television Broadcast Service; Section 73.625(a) at reference requesting the allotment of Channel Salt Lake City, Ogden and Provo, UT coordinates (40–39–33 N and 112–12– 249A at Cross City, Florida, as the AGENCY: Federal Communications 07 W). In addition, we find that these community’s second FM broadcast Commission. channel changes are acceptable under service. See 63 FR 59928, November 6, ACTION: Proposed rule. the 2 percent criterion for de minimis 1998. As stated in the Notice, a showing impact that is applied in evaluating of continuing interest is required before SUMMARY: The Commission requests requests for modification of initial DTV a channel will be allotted. Since there comments on a petition jointly filed by allotments under Section 73.623.

DTV power Antenna HAAT DTV service State and city DTV channel (kW) (m) pop. (thous.)

UT Provo ...... *44 403.0 1257 1389 UT Ogden ...... *36 304.0 1257 1393 UT Ogden ...... 48 200.0 1257 1374 UT Salt Lake City ...... 46 200.0 1267 1384

This is a synopsis of the Center (Room CY–A257) 445 12th Provisions of the Regulatory Commission’s Notice of Proposed Rule Street, SW, Washington, DC. The Flexibility Act of 1980 do not apply to Making, MM Docket No. 99–197, complete text of this decision may also this proceeding. adopted May 19, 1999, and released be purchased from the Commission’s Members of the public should note May 21, 1999. The full text of this copy contractor, International that from the time a Notice of Proposed Commission decision is available for Transcription Services, Inc., (202) 857– Rule Making is issued until the matter inspection and copying during normal 3800, 1231 20th Street, NW, is no longer subject to Commission business hours in the FCC Reference Washington, DC 20036. consideration or court review, all ex

VerDate 06-MAY-99 08:37 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\A04JN2.007 pfrm07 PsN: 04JNP1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules 29981 parte contacts are prohibited in document proposes to amend part 813 and (3) identifies to the offeror or Commission proceedings, such as this of the Department of Veterans Affairs prospective contractor at least one one, which involve channel allotments. Acquisition Regulation (VAAR) to electronic address where the full text See 47 CFR 1.1204(b) for rules correspond to the newly reorganized may be accessed. This rule proposes to governing permissible ex parte contacts. FAR. Part, subpart, and section titles add section 852.102, paragraph (a), and For information regarding proper and/or numbers are proposed to be section 852.252–1, Provisions or clauses filing procedures for comments, see 47 revised as necessary to correspond to requiring completion by the offeror or CFR 1.415 and 1.420. FAR changes. prospective contractor, to allow VA to This document proposes to add, at meet the requirements of FAR List of Subjects in 47 CFR Part 73 appropriate locations in the VAAR, 52.102(c)(1) and (c)(2) for incorporating Digital Television Broadcasting. references to Office of Management and approved provisions and clauses by Federal Communications Commission. Budget approved forms used by VA in reference. its Integrated Funds Distribution, Some FAR and VAAR provisions and Barbara A. Kreisman, Control Point Activity, Accounting, and clauses require the contracting officer to Chief, Video Services Division, Mass Media Procurement (IFCAP) system, a fill in needed information. If these Bureau. computerized purchasing and provisions or clauses are incorporated [FR Doc. 99–14103 Filed 6–3–99; 8:45 am] accounting system. In addition, it is by reference, that information would be BILLING CODE 6712±01±P proposed to delete an obsolete reference missing from the solicitation or contract. to VAAR section 801.670–15 that This rule proposes to add paragraph previously was removed from the 852.102(b) to require contracting officers DEPARTMENT OF VETERANS VAAR. to include in full text the title and the AFFAIRS It is proposed to redesignate 813.507 paragraph of any provision or clause as 813.302–5 to correspond to the FAR that requires the contracting officer to 48 CFR Parts 808, 812, 813, 852 and and to revise the advice to contracting provide information. The balance of the 853 officers provided therein. Currently, the provision or clause may be included by RIN 2900±AJ16 VAAR advises contracting officers to reference. This will ensure that the attach a copy of the clause found at information required by these VA Acquisition Regulation: Simplified 852.237–70, Contractor responsibilities, provisions or clauses will be included Acquisition Procedures to a purchase order for services in solicitations or contracts. performed on Government property. It is The FAR at 52.102(c) and 52.102(c)(3) AGENCY: Department of Veterans Affairs. proposed to revise this section to advise allows agencies to incorporate agency ACTION: Proposed rule. contracting officers to incorporate the approved provisions and clauses by referenced clause in the purchase order reference, provided the contracting SUMMARY: This document proposes to rather than to just attach a copy of the officer identifies to the offeror or amend the Department of Veterans clause to the order. This change is prospective contractor at least one Affairs Acquisition Regulation (VAAR) necessary to ensure that the purchase electronic address where the full text concerning simplified acquisition order clearly shows that the clause is may be accessed. The FAR, at 52.252– procedures. It proposes to amend VAAR part of the order. 1 and 52.252–2, provides a ‘‘fill in the provisions to conform to the Federal It is proposed to delete sections blank’’ provision and clause, Acquisition Regulation, to update 808.404–1 and 808.404–3. These respectively, for use by contracting references and section titles, and to sections address various requirements officers in meeting this requirement, but remove obsolete material. regarding the mandatory use of FSS the FAR does not provide an electronic DATES: Comments must be received on contracts. FSS contracts no longer address where the full texts of or before August 3, 1999. provide for mandatory use, making referenced provisions and clauses may these sections obsolete. ADDRESSES: Mail or hand-deliver be accessed. This rule proposes to add It is proposed to amend part 812 by written comments to: Director, Office of paragraphs (c), (d), (e), and (f) of section adding the provision at section 852.252– Regulations Management (02D), 852.102 to ensure compliance with FAR 1, Provisions and clauses requiring Department of Veterans Affairs, 810 52.102(c) and 52.102(c)(3). Paragraphs completion by the offeror or prospective Vermont Ave., NW, Room 1154, (c) and (d) advise contracting officers to contractor, to the list of provisions and Washington, DC 20420. Comments include the applicable FAR provision or clauses at section 812.301(c) for use in should indicate that they are submitted clause in solicitations and contracts commercial item solicitations. The when 48 CFR Chapter 8 (VAAR) in response to ‘‘RIN 2900–AJ16.’’ All provision is set forth in full in section provisions or clauses are incorporated written comments will be available for 852.252–1 of this proposed rule. This is by reference. In addition, paragraphs (e) public inspection in the Office of necessary to inform bidders and offerors and (f) provide the electronic addresses Regulations Management, Room 1158, on commercial item solicitations of FAR where full texts of both FAR and VAAR between the hours of 8:00 a.m. and 4:30 requirements. referenced provisions and clauses may p.m., Monday through Friday (except Instead of including the full text of be accessed. These proposed changes holidays). provisions and clauses, the FAR at are necessary to comply with FAR FOR FURTHER INFORMATION CONTACT: Don 52.102(c) allows agencies to incorporate 52.102(c) and 52.102(c)(3). Kaliher, Acquisition Policy Team (95A), agency approved provisions and clauses The Secretary hereby certifies that Office of Acquisition and Materiel by reference, provided the contracting this rule would not have a significant Management, Department of Veterans officer: (1) identifies all provisions and economic impact on a substantial Affairs, 810 Vermont Ave., NW, clauses that require completion by the number of small entities as they are Washington, DC 20420, telephone offeror or prospective contractor; (2) defined in the Regulatory Flexibility Act number (202) 273–8819. specifies that the provisions and clauses (RFA), 5 U.S.C. 601–612. This rule SUPPLEMENTARY INFORMATION: Part 13 of must be completed by the offeror or would revise the VAAR to correspond to the Federal Acquisition Regulation prospective contractor and must be the FAR and would have a minuscule (FAR) was recently reorganized. This submitted with the quotation or offer; effect, if any, on small businesses.

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Therefore, pursuant to 5 U.S.C. 605(b), Authority: 38 U.S.C. 501 and 40 U.S.C. on Government property which have the this rule is exempt from the initial and 486(c). potential for property damage and final regulatory flexibility analysis 7a. Subpart 813.1 is added to read as liability claims, the contracting officer requirements of sections 603 and 604. follows: shall incorporate in the purchase order List of Subjects the Contractor’s Responsibilities clause Subpart 813.1ÐProcedures found at 852.237–70. Applicable 48 CFR Part 808 maintenance contracts include but are Government procurement, Utilities. Subpart 813.5Ð[Redesignated as not limited to window washing, pest Subpart 813.3] control and elevator maintenance. 48 CFR Parts 812, 813 and 853 8. Subpart 813.5 is redesignated as Government procurement. PART 852ÐSOLICITATION subpart 813.3; and the subpart heading PROVISIONS AND CONTRACT 48 CFR Part 852 is revised to read as follows: CLAUSES Government procurement, Reporting Subpart 813.3ÐSimplified Acquisition 13. The authority citation for part 852 and recordkeeping requirements. Methods continues to read as follows: Approved: May 21, 1999. Authority: 38 U.S.C. 501 and 40 U.S.C. Togo D. West, Jr., 9. Section 813.302 and heading are added to read as follows: 486(c). Secretary of Veterans Affairs. 14. Section 852.102 is added to read 813.302 Purchase orders. For the reasons set forth in the as follows: preamble, 48 CFR Chapter 8 is proposed § 813.505±2 [Redesignated as 813.307] to be amended as follows: § 852.102 Incorporating provisions and 10. Section 813.505–2 is redesignated clauses by reference. PART 808ÐREQUIRED SOURCES OF as 813.307 and is transferred to subpart (a) As authorized by FAR 52.102(c), SUPPLIES AND SERVICES 813.3; the section heading and any 48 CFR Chapter 8 (VAAR) provision paragraphs (a) and (e) are revised to read and clause may be included in a 1. The authority citation for part 808 as follows: continues to read as follows: solicitation or contract by reference, 813.307 Forms. provided the contracting officer Authority: 38 U.S.C. 501 and 40 U.S.C. complies with the requirements stated 486(c). (a) VA Form 90–2138, Order for Supplies or Services, VA Form 90–2139, in FAR 52.102(c)(1), (c)(2), and (c)(3). To 808.404±1 [Removed] Order for Supplies or Services ensure compliance with FAR 2. Section 808.404–1 is removed. (Continuation), VA Form 90–2138–ADP, 52.102(c)(1) and (c)(2), contracting officers shall include the provision at 808.404±3 [Removed] Purchase Order for Supplies or Services, and VA Form 2139–ADP, Order for 852.252–1, Provisions or clauses 3. Section 808.404–3 is removed. Supplies and Services (Continuation), requiring completion by the offeror or provide in one set of forms a purchase prospective contractor, in full text in a PART 812ÐACQUISITION OF quotation, solicitation, or contract COMMERCIAL ITEMS or delivery order, vendor’s invoice, and receiving report. They will be used in whenever a FAR or 48 CFR Chapter 8 4. The authority citation for part 812 lieu of and in the same manner as (VAAR) provision or clause that continues to read as follows: Optional Form 347, Order for Supplies requires completion by the offeror or Authority: 38 U.S.C. 501 and 40 U.S.C. or Services, Optional Form 348, Order prospective contractor and submittal 486(c). for Supplies or Services Schedule— with the quotation or offer is included Continuation, and Standard Form 1449, by reference. * * * * * (b) For any FAR or 48 CFR Chapter 8 5. In section 812.301, paragraphs Solicitation/Contract/Order for Commercial Items. (VAAR) provision or clause that (c)(13), (c)(14), and (c)(15) are requires completion by the contracting redesignated as paragraphs (c)(14), * * * * * officer, the contracting officer shall, as (c)(15), and (c)(16), respectively; newly (e) VA Form 10–2421, Prosthetics a minimum, include the title of the designated paragraph (c)(16) is revised Authorization and Invoice, will be used provision or clause and the paragraph and a new paragraph (c)(13) is added to for indicated services not in excess of that requires completion in full text in read as follows: $300. the solicitation and contract. The 812.301 Solicitation provisions and 813.506±70 [Redesignated as 813.106±70] balance of the provision or clause may contract clauses for the acquisition of 11. Section 813.506–70 is be included by reference. commercial items. redesignated as 813.106–70 and is (c) When one or more FAR or 48 CFR (c) * * * transferred to the beginning of subpart Chapter 8 (VAAR) provisions, or (13) 852.252–1, Provisions or clauses 813.1; and is amended by removing portions thereof, are included in a requiring completion by the offeror or ‘‘13.106c’’ and adding, in its place, solicitation by reference, the solicitation prospective contractor. ‘‘13.106–3’’. shall include the provision found at FAR 52.252–1, Solicitation Provisions * * * * * § 813.507 [Redesignated as 813.302±5] Incorporated by Reference. (16) 852.270–3, Purchase of shellfish. 12. Section 813.507 is redesignated as (d) When one or more FAR or 48 CFR * * * * * 813.302–5 and is transferred to subpart Chapter 8 (VAAR) clauses, or portions PART 813ÐSIMPLIFIED ACQUISITION 813.3 following section 813.302; and is thereof, are included in a contract by PROCEDURES revised to read as follows: reference, the contract shall include the clause found at FAR 52.252–2, Clauses 6. The part heading for part 813 is 813.302±5 Clauses. Incorporated by Reference. revised to read as set forth above. When using VA Forms 90–2138 or (e) When one or more FAR provisions 7. The authority citation for part 813 90–2138–ADP for maintenance or clauses, or portions thereof, are is revised to read as follows: contracts involving services performed incorporated in a solicitation or contract

VerDate 06-MAY-99 14:39 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\04JNP1.XXX pfrm07 PsN: 04JNP1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules 29983 by reference, the FAR provision or (a) VA Forms 90–2138, Order for ADDRESSES: Information, data, or clause required by paragraph (c) or (d) Supplies or Services, or 90–2138–ADP, comments concerning this petition of this section shall include the Purchase Order for Supplies or Services, should be submitted to the Field following Internet address: shall be used as indicated in 813.307. Supervisor., South Dakota Ecological http://www.arnet.gov/far/ They will be used in lieu of but similar Services Field Office, U.S. Fish and (f) When one or more 48 CFR Chapter to OF 347, Order of Supplies and Wildlife Service, 420 South Garfield 8 (VAAR) provisions or clauses, or Services, or SF 1449, Solicitation/ Avenue, Pierre, South Dakota 57501. portions thereof, are incorporated in a Contract/Order for Commercial Items. The petition, finding, support data, and solicitation or contract by reference, the (b) The following forms are for use for comments are available for public FAR provision or clause required by obtaining indicated medical and dental inspection, by appointment, during paragraph (c) or (d) of this section shall services within the limitations normal business hours, at the above include the following Internet address: prescribed in 813.307: address. (1) VA Form 10–7078, Authorization http://www.va.gov/oa&mm/vaar/ and Invoice for Medical and Hospital FOR FURTHER INFORMATION CONTACT: Pete 15. Section 852.252–1 is added to Services. Gober, at the above address, or read as follows: (2) VA Form 10–7079, Request for telephone (605) 224–8693. Outpatient Medical Services. 852.252±1 Provisions or clauses requiring SUPPLEMENTARY INFORMATION: completion by the offeror or prospective (3) VA Form 10–2570d, Dental contractor. Record, Authorization and Invoice for Background As prescribed by 852.102(a), the Outpatient Services. following provision shall be included in (c) VA Form 10–2511, Authority and The black-tailed prairie dog is a full text in all quotations, solicitations, Invoice for Travel by Ambulance or colonial ground squirrel and one of five or contracts that incorporate by Other Hired Vehicle, will be used as species in the genus Cynomys, all of reference any FAR or 48 CFR Chapter 8 prescribed in 813.307. which occur in western North America. (VAAR) provision or clause that (d) VA Form 10–2421, Prosthetics the black-tailed prairie dog (C. requires completion by the offeror or Authorization and Invoice, will be used ludovicianus), is found in Montana, prospective contractor and submittal for indicated procurements not to Wyoming, Colorado, New Mexico, with the quotation or offer. exceed $300 as prescribed in 813.307. North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, northern Texas, and Provisions or Clauses That Require [FR Doc. 99–13886 Filed 6–3–99; 8:45 am] Completion by the Offeror or Prospective BILLING CODE 8320±01±P Canada. Contractor (Date) On July 31, 1998, we received a The following provisions or clauses petition to list the black-tailed prairie incorporated by reference in this solicitation DEPARTMENT OF THE INTERIOR dog as a threatened species throughout must be completed by the offeror or its range pursuant to the Endangered prospective contractor and submitted with Fish and Wildlife Service Species Act (Act) of 1973, as amended the quotation or offer. Copies of these (16 U.S.C. 1531 et seq.). On March 25, provisions or clauses are available on the 50 CFR Part 17 Internet at the web sites provided in 1999 (64 FR 14424), we published a 90- day notice on this petition, finding that provision 52.252–1 or clause 52.252–2. Endangered and Threatened Wildlife Copies may also be obtained from the it presented substantial information and Plants: Reopening of Comment contracting officer. indicating that listing this species may Period on 90-day Finding and [Contracting officer shall list all FAR and 48 be warranted, and initiating a status Commencement of Status Review for a CFR Chapter 8 (VAAR) provisions and review of the species. clauses incorporated by reference that must Petition To List the Black-tailed Prairie be completed by the offeror or prospective Dog as Threatened Public Comments Solicited contractor and submitted with the quotation or offer] AGENCY: Fish and Wildlife Service, We are soliciting information (End of provision) Interior. primarily on (1) population status and ACTION: Notice of reopening comment trends, (2) management policies and PART 853ÐFORMS period on 90-day petition finding. conservation plans affecting black-tailed prairie dogs, and (3) threats to the 16. The authority citation for part 853 SUMMARY: The Fish and Wildlife Service species, including those identified in is revised to read as follows: provides notice of the reopening of the the petition. The original comment comment period on the 90-day finding Authority: 38 U.S.C. 501 and 40 U.S.C. period for this action expired May 24, 486(c). for a petition to list the black-tailed prairie dog (Cynomys ludovicianus) as a 1999. With this notice, we reopen the Subpart 853.2ÐPrescription of Forms threatened species under the comment period for an additional 45 days. 17. Section 853.213 is revised to read Endangered Species Act of 1973. As as follows: amended. The initial comment period Author: The author of this notice is opened on March 15, 1999 (64 FR Pete Gober (see ADDRESSES section). 853.213 Simplified acquisition procedures. 14424), and closed on May 24, 1999. To Authority: Authority for this action is the The following forms are prescribed as accommodate several requests for Endangered Species Act of 1973, as amended stated in this section for use in extensions, we are reopening the (16 U.S.C. 1531 et seq.). comment period for an additional 45 simplified acquisition procedures, Dated: May 27, 1999. orders under existing contracts or days. Terry Terrell, agreements, orders from required DATES: To be considered in the 12- sources of supplies and services, and month finding for this petition, written Deputy Regional Director, Denver, Colorado. orders for other supplies or services as comments and materials should be [FR Doc. 99–14163 Filed 6–3–99; 8:45 am] stated in this section: received on or before July 19, 1999. BILLING CODE 4310±55±M

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DEPARTMENT OF COMMERCE 1. Silver Spring (Monday June 14, and Harpoon category vessels. Prior to 1999), NMFS, 1315 East-West Highway, 1997, NMFS did not take final action National Oceanic and Atmospheric Room 4527, Silver Spring, MD 20910. due to concerns about the enforceability Administration 2. Gloucester, MA (Tuesday June 15, of spotter aircraft regulations. 1999), Milton Fuller School, 4 School Additionally, in 1996, the majority of 50 CFR Part 635 House Road, Gloucester, MA 01930. active tuna spotters signed a voluntary [Docket No. 990528152-9152-01; I.D. FOR FURTHER INFORMATION CONTACT: agreement limiting their activity to 051199A] Mark Murray-Brown, 978–281–9260. assisting vessels using harpoon gear. NMFS recognized that the voluntary SUPPLEMENTARY INFORMATION: Atlantic RIN 0648±AM27 agreement warranted a trial period, but tunas are managed under the dual also indicated that the agency would Atlantic Highly Migratory Species authority of the Magnson-Stevens continue to monitor the situation and Fisheries; Atlantic Bluefin Tuna Fishery Conservation and Management would take appropriate action if Fishery; Regulatory Adjustment Act (Magnuson-Stevens Act) and the necessary. Public comment indicated Atlantic Tunas Convention Act (ATCA). AGENCY: National Marine Fisheries that some rod-and-reel vessels in the ATCA authorizes the Secretary of Service (NMFS), National Oceanic and General category were using spotter Commerce to implement binding Atmospheric Administration (NOAA), aircraft contrary to the terms of the recommendations of the International Commerce. agreement. Commission for the Conservation of On March 4, 1997 (62 FR 9726), ACTION: Proposed rule; public hearings; Atlantic Tunas (ICCAT). The authority request for comments. NMFS proposed to prohibit the use of to issue regulations under the spotter aircraft except in the Purse Seine SUMMARY: NMFS proposes to amend the Magnuson-Stevens Act and ATCA has category fishery. NMFS indicated that it regulations governing the Atlantic been delegated from the Secretary to the had considered combining the Harpoon highly migratory species (HMS) Assistant Administrator for Fisheries, and General categories as a means of fisheries to prohibit fishing vessel NOAA (AA). Within NMFS, daily resolving catch rate and safety issues operators from using spotter aircraft to responsibility for management of (since a daily catch limit of one BFT per assist in the location and capture of Atlantic HMS fisheries rests with the vessel for all handgear fishermen would Atlantic bluefin tuna (BFT) for all Office of Sustainable Fisheries, and is decrease the incentive for spotter vessels other than Purse Seine category carried out by the HMS Management aircraft use), but was concerned that the vessels. The proposed regulatory Division. harpoon fishery, as it had traditionally amendments are necessary to achieve NMFS proposes this action under the existed, might not be able to continue domestic management objectives for framework provisions described in the under such restriction. NMFS requested HMS fisheries. NMFS has received HMS FMP. NMFS believes that the comment on suggestions from extensive comment on this issue during prohibition on the use of spotter aircraft constituents that self-policing would the comment period for the rule to assistance by fishing vessel operators assist with enforcement of a spotter implement the Fishery Management (other than those in the Purse Seine aircraft prohibition, and on alternative Plan for Atlantic Tunas, Swordfish, and category) in the location and capture of measures to address the fishery Sharks (HMS FMP) and during previous Atlantic BFT is a necessary regulatory management and safety issues raised by related comment periods. However, action in order to meet the goals and use of spotter aircraft in the BFT fishery. NMFS will hold two public hearings to objectives of the FMP. In response, NMFS received nearly receive additional comments from After reviewing public comments and 2,000 comments on the proposed fishery participants and other members additional information or data that may prohibition on the use of spotter aircraft. of the public regarding these proposed be available, NMFS will, if appropriate, On July 18, 1997 (62 FR 38487), NMFS amendments. make final determinations regarding the published a final rule prohibiting the consistency of this proposed measure use of spotter aircraft to assist vessels in DATES: Comments are invited and must with the objectives of the FMP, the all but the Purse Seine and Harpoon be received on or before June 22, 1999. national standards of the Magnuson- categories. The public hearings dates are: Stevens Act, and other applicable law. In response to a lawsuit filed by the 1. Monday, June 14, 1999, 2–5 p.m. in Within 30 days of the close of the public Atlantic Fish Spotters Association, the Silver Spring, MD. comment period, NMFS will take final United States District Court for 2. Tuesday, June 15, 1999, 7–10 p.m. action. Massachusetts, on June 10, 1998, in Gloucester, MA. overturned the prohibition on the use of ADDRESSES: Comments on the proposed Background spotter aircraft in assisting BFT vessels rule should be sent to, Rebecca Lent, Background information on the use of in other than the Harpoon and Purse Chief, Highly Migratory Species spotter aircraft in the BFT fishery was Seine categories, as codified in 50 CFR Management Division (F/SF1), NMFS, provided in the HMS FMP, released in 285.31(a)(40); the prohibition is now 1315 East-West Highway, Silver Spring, April 1999, and is provided in greater void. NMFS decided not to appeal the MD 20910–3282. Copies of supporting detail in the Draft EA. Court’s decision, but rather, to gather documents, including a Draft more facts and relevant data in order to Relation to Previous Rulemaking Environmental Assessment (EA), which reach a satisfactory resolution. includes a Draft Regulatory Impact NMFS has, on four prior occasions (in At the August 1998 meeting of the Review and an Initial Regulatory 1988, 1989, 1996, and 1997), requested HMS Advisory Panel (AP) in Warwick, Flexibility Analysis (IRFA), are specific comments on the impacts of Rhode Island, apart from three available from Brad McHale, Highly spotter aircraft use in the BFT fishery. abstentions, all members of the AP Migratory Species Management NMFS has proposed prohibiting the use requested and advised that NMFS Division, Northeast Regional Office, of spotter aircraft by all but Purse Seine prohibit the use of spotter aircraft in the NMFS, One Blackburn Drive, category vessels twice, and, in 1997, BFT fishery. In the draft HMS FMP Gloucester, MA 01930. published a final rule to prohibit the use published in October 1998, NMFS once The public hearing locations are: of spotter aircraft by all but Purse Seine again presented alternatives on

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NMFS did not propose action would best address the Program). any changes at that time, pending management concerns regarding spotter NMFS has prepared a draft EA for this further deliberation and analysis, but aircraft use in the BFT fishery, while proposed rule and has concluded that, the agency did indicate that it would ensuring that the objectives of the FMP depending on the universe of address the issue in a separate are met, consistent with the Magnuson- potentially impacted small business rulemaking before the start of the 1999 Stevens Act and that Act’s national entities involved in the BFT fishery General and Harpoon category seasons standards. chosen for analysis, this action may or (June 1, 1999). may not result in a significant impact on In April 1999, NMFS adopted the Spotter Aircraft small entities in the fishery as a whole. final HMS FMP. This FMP establishes a This proposed rule would prohibit the Therefore, NMFS has prepared an IRFA rebuilding program for west Atlantic use of spotter aircraft to assist fishing to accompany the proposed rule. The BFT and brings the management of vessels in the location and capture of reasons this action is being considered Atlantic tuna under the dual authority BFT, with the exception of Purse Seine and the objectives of, and legal basis for, of the Magnuson-Stevens Act and category vessels. the proposed rule are as stated in the ATCA. The Magnuson-Stevens Act and preamble above. The IRFA indicates the FMP bring new considerations to Permit Category Deadline Change that if the proposed regulations are regulating the use of spotter aircraft. In Within 1 week, NMFS will announce, implemented, there may be a negative the time since the prohibition on the use in the Federal Register, the deadline to impact on a significant number of small of spotter aircraft in assisting BFT change Atlantic tuna permit categories business entities, including fishing vessels in other than the Harpoon and for calendar year 1999. Previously, vessels and spotter aircraft, involved in Purse Seine categories was overturned NMFS suspended this deadline to allow the BFT fishery. NMFS estimates that (July 1998), NMFS has obtained further vessel owners to weigh the impacts of less than 70 small entities, including information, conducted additional various rulemakings on each permit fishing vessels and spotter aircraft, analyses, and contracted for an category (64 FR 27207, May 19, 1999). would be significantly affected by the independent study regarding the use of proposed rule. This is less than 1 spotter aircraft in the BFT fishery. Public Hearings and Special percent of the small entities NMFS remains concerned that the use Accommodations participating in the bluefin tuna fishery of spotter aircraft to locate BFT The public hearing sites are in terms of the total number of spotter accelerates the catch rates and closures physically accessible to people with aircraft/pilots and commercially- in the General and Harpoon categories. disabilities. Requests for sign language permitted vessels. The impact is This undermines NMFS’ regulations interpretation or other auxiliary aids significant for a greater percentage of designed to control effort in the General small entities in the fishery if one should be directed to Mark Murray- category, alters the distribution of considers only those vessels which land Brown (see FOR FURTHER INFORMATION optimum yield, and impedes the fish as those which are potentially CONTACT) at least 7 days prior to the collection of important scientific affected. In addition, these regulations hearing. information in the fishery. In addition, may also impact related parties and the use of spotter aircraft is inconsistent The public is reminded that NMFS communities such as marinas, gear with the reasoning behind the initial expects participants at the public suppliers, and aviation-related establishment of the Harpoon category hearings to conduct themselves businesses. There are no relevant (in which multiple daily landings are appropriately. At the beginning of each Federal rules which duplicate, overlap, allowed) and the Harpoon category public hearing, a NMFS representative or conflict with the proposed rule. quota in 1980, i.e., dependency on will explain the ground rules (e.g., There are no proposed reporting, optimal weather and sea conditions, alcohol in the hearing room is recordkeeping or compliance negatively impacts traditional fisheries prohibited, attendees will be called to requirements in the proposed rule. and has adverse impacts on give their comments in the order in Although the preferred alternative may communities. The issue of spotter which they registered to speak, each have a significant impact on small aircraft use in the BFT fishery is a attendee will have an equal amount of business entities, NMFS believes that source of great conflict in the fishery. time to speak, and attendees should not these impacts are unavoidable if the Conflicts in the fishery are exacerbated interrupt one another). The NMFS management concerns regarding spotter by the fact that the BFT fishery is a representative will attempt to structure aircraft are to be addressed. NMFS derby fishery (with the exception of the the hearing so that all attending considered several alternatives to the Purse Seine category), in which vessels members of the public are able to preferred alternative, including: No are concentrated on the fishing grounds comment, if they so choose, regardless action, prohibition of the use of spotter over short periods of time. Some of the controversiality of the subject(s). aircraft for vessels in the General commenters have indicated that Attendees are expected to respect the category only, and requiring registration potential for accidents at sea is ground rules, and if they do not, they and reporting for fishing vessels or increased by the use, whether direct or will be asked to leave the hearing. spotter aircraft. NMFS has preliminarily indirect, of spotter aircraft as vessels Classification determined that none of these may congregate under the aircraft. alternatives meet the objectives of, and NMFS has received extensive comment This proposed rule is published under basis for, this proposed action. from the public and guidance from the the authority of the Magnuson-Stevens This proposed rule has been HMS AP urging NMFS to prohibit the Act, 16 U.S.C. 1801 et seq., and the determined to be not significant for use of spotter aircraft by all vessels in Atlantic Tunas Convention Act, 16 purposes of E.O. 12866. the BFT fishery other than those in the U.S.C. 971 et seq. Preliminarily, the AA NMFS initiated formal consultation Purse Seine category. has determined that the regulations on the HMS and billfish fisheries on After a review of all the information contained in this proposed rule are May 12, 1998. The consultation request on record regarding this issue, NMFS consistent with the FMP, the Magnuson- concerned the possible effects of has determined that the status quo is Stevens Act, and the 1998 ICCAT management measures in the HMS FMP

VerDate 06-MAY-99 08:37 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\A04JN2.001 pfrm07 PsN: 04JNP1 29986 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Proposed Rules and Billfish Amendment. On April 23, would not result in any irreversible and Authority: 16 U.S.C. 971 et seq. and 16 1999, NMFS issued a Biological irretrievable commitment of resources U.S.C. 1801 et seq. Opinion (BO) under section 7 of the that would have the effect of foreclosing 2. In § 635.2, the definition for Endangered Species Act. The BO the formulation or implementation of ‘‘aircraft’’ is added to read as follows: applies to the Atlantic pelagic fisheries any reasonable and prudent alternative for tunas, sharks, swordfish, and measures. This proposed rule would § 635.2 Definitions. billfish. prohibit of fishing vessel operators from * * * * * The harpoon/handline/rod-and-reel using spotter aircraft to assist in the gear fisheries are listed as category III location and capture of BFT for all Aircraft means any contrivance used fisheries under the Marine Mammal vessels other than Purse Seine category for flight in air. Authorization Program due to their vessels. Therefore, the proposed rule is * * * * * remote likelihood of interaction with not expected to increase endangered 3. In § 635.21, paragraph (e) is added marine mammals. Although a few species or marine mammal interaction to read as follows: reports of entanglement in handline and rates. harpoon gear exist, these were likely The area in which this proposed § 635.21 Gear operation and deployment non-injurious entanglements from action is planned has been identified as restrictions. which the whales could easily essential fish habitat (EFH) for species * * * * * disentangle themselves or be managed by the New England Fishery (e) Aircraft. Other than for a vessel disentangled. Increased development of Management Council, the Mid-Atlantic holding a valid permit in the Purse the Disentanglement Network under the Fishery Management Council and the Seine category under § 635.4, locating, Atlantic Large Whale Take Reduction Highly Migratory Species Division of fishing for, catching, taking, retaining or Plan should provide adequate NMFS. It is not anticipated that this possessing, or attempting to locate, fish mitigation for these infrequent (and thus action will have any adverse impacts to far, non-lethal) entanglements. for, catch, retain, or possess, bluefin EFH and therefore no consultation is tuna by means, aid, or use of any aircraft The B.O. states that after reviewing required. the current status of the subject species, is prohibited. the environmental baseline for the List of Subjects in 50 CFR Part 635 4. In § 635.71, paragraph (b)(28) is action area, the cumulative effects of the Fisheries, Fishing, Reporting and added to read as follows: continued operation of the Atlantic recordkeeping requirements, Treaties. HMS fisheries and associated § 635.71 Prohibitions. Dated: May 28, 1999. management actions, it is NMFS’ * * * * * Andrew A. Rosenberg biological opinion that the continued (b) * * * operation of the harpoon/handline/rod- Deputy Assistant Administrator for Fisheries, (28) Locate, fish for, catch, possess or and-reel gear fisheries is not likely to National Marine Fisheries Service. retain, or attempt to locate fish for, adversely affect the continued existence For the reasons set out in the catch, possess or retain any bluefin tuna of any endangered or threatened species preamble, 50 CFR part 635 is proposed by means, aid, or use of any aircraft, under NMFS jurisdiction. to be amended as follows: Because the proposed action unless holding a valid permit in the PART 635ÐATLANTIC HIGHLY Purse Seine category under § 635.4. addresses only the Atlantic BFT MIGRATORY SPECIES harpoon/handline/rod-and-reel gear * * * * * fisheries, NMFS has determined that 1. The authority citation for part 635 [FR Doc. 99–14138 Filed 6-1-99; 10:51 am] proceeding with this proposed rule continues to read as follows: BILLING CODE 3510±22±F

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Notices Federal Register Vol. 64, No. 107

Friday, June 4, 1999

This section of the FEDERAL REGISTER Meetings of the Board shall perform all legal work of the contains documents other than rules or Corporation, and the Associate General proposed rules that are applicable to the 3. Meetings of the Board of Directors (Board) shall be held, whenever Counsel for International Affairs, public. Notices of hearings and investigations, Commodity Programs and Food committee meetings, agency decisions and necessary, at the U.S. Department of rulings, delegations of authority, filing of Agriculture in the City of Washington, Assistance Programs, shall serve as petitions and applications and agency D.C. All meetings of the Board shall be General Counsel and Associate General statements of organization and functions are held in accordance with provisions of Counsel of the Corporation, examples of documents appearing in this the Government in the SunshineAct (5 respectively. section. U.S.C. 552b). Meetings of the Board may Compensation of Board Members be called at any time by the Chairman, the Vice Chairman, or the President. DEPARTMENT OF AGRICULTURE 7. The compensation of each Member The Executive Vice President may call shall be prescribed by the Secretary of Commodity Credit Corporation a meeting at the written request of any Agriculture. Any Member who holds five Members. Notice of meetings shall another office or position within the Bylaws of Corporation be given either orally or in writing. Any Federal Government shall receive Member may waive in writing any compensation at the rate provided for The Bylaws of the Commodity Credit notice of a meeting, whether before or such other office or position in lieu of Corporation, revised May 17, 1999, are after the time of the meeting, and the compensation as a Member. as follows: presence of a Member at any meeting Offices shall constitute a waiver of notice of Officers such meeting. Any and all business may 1. The principal office of the be transacted at any meeting unless 8. The officers of the Corporation Corporation shall be in the City of otherwise indicated in the notice shall be: a President; an Executive Vice Washington, District of Columbia (D.C.), thereof. President; Vice Presidents; Deputy Vice and the Corporation shall also have 4. The Secretary of Agriculture shall Presidents; a Secretary; a Deputy offices at such other places as it may serve as Chairman of the Board. The Secretary; an Assistant Secretary; a deem necessary or desirable in the Deputy Secretary of Agriculture shall conduct of its business. Controller; a Treasurer; a Chief serve as Vice Chairman of the Board Accountant; and such additional Seal and, in the absence or unavailability of officers as the Secretary of Agriculture 2. There is impressed below the the Chairman, shall preside at meetings may appoint. of the Board. In the absence or official seal which is hereby adopted for 9. The Under Secretary of Agriculture the Corporation. The seal may be used unavailability of the Chairman and the Vice Chairman, the President of the for Farm and Foreign Agricultural by causing it or its facsimile to be Services shall be the ex officio President impressed, affixed, or reproduced. Corporation shall preside at meetings of the Board. In the absence or of the Corporation. unavailability of the Chairman, the Vice 10. The following officials of the Farm Chairman, and the President, the Service Agency (FSA), the Foreign Members present at the meeting shall Agricultural Service (FAS), the Food designate a Presiding Officer. and Nutrition Service (FNS), the Natural 5. At any meeting of the Board, a Resources Conservation Service (NRCS), quorum shall consist of five Members. and the Agricultural Marketing Service The act of a majority of the Members (AMS) shall be ex officio officers of the present at any meeting at which there is Corporation: a quorum shall be the act of the Board. 6. The General Counsel of the U.S. Department of Agriculture, whose office

Administrator, FSA ...... Executive Vice President. Administrator, AMS ...... Vice President. Administrator, FAS ...... Vice President. Administrator, FNS ...... Vice President. Chief, NRCS ...... Vice President. General Sales Manager, FAS ...... Vice President. Associate Administrator, Programs, FSA ...... Vice President. Associate Administrator, Operations and Management, FSA ...... Vice President. Deputy Administrator, Commodity Operations, FSA ...... Deputy Vice President. Deputy Administrator, Management, FSA ...... Deputy Vice President. Deputy Administrator, Farm Programs, FSA ...... Deputy Vice President. Director, Economic and Policy Analysis Staff, FSA ...... Deputy Vice President. Associate Chief, NRCS ...... Deputy Vice President. Deputy Chief, Programs, NRCS ...... Deputy Vice President. Deputy Chief, Management, NRCS ...... Deputy Vice President. Executive Assistant to the Administrator, FSA ...... Secretary.

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Director, Strategic Management & Corporate Operations Staff, FSA ...... Deputy Secretary. Staff Assistant, Strategic Management & Corporate Operations Staff, FSA ...... Assistant Secretary. Director, Financial Management Division, FSA ...... Controller. Deputy Director, Financial Management Division, FSA ...... Treasurer. Chief, Financial Accounting and Reporting Branch, Financial Management Division, FSA ...... Chief Accountant.

The person occupying, in an acting (d) The Vice President who is the Executive Vice President of the capacity, any position listed in this General Sales Manager, FAS, shall be Corporation. paragraph shall, during occupancy of responsible for preparation for The Secretary such position, act as the corresponding submission by the Executive Vice officer of the Corporation. President to the Board of those policies 15. The Secretary shall: attend and 11. Officers who do not hold office ex and programs of the Corporation which keep the minutes of all meetings of the officio shall be appointed by the are for performance through the Board; serve all required notices of Secretary of Agriculture and shall hold facilities and personnel of FAS. This meetings of the Board; sign all papers office until their respective Vice President shall also have and instruments that require the appointments shall have been responsibility for the administration of Secretary’s signature; attest to the terminated. those operations of the Corporation, authenticity of and affix the seal of the Corporation upon any instrument The President under the policies and programs approved by the Board, which are requiring such action; and perform such 12. The President shall have general carried out through facilities and other duties and exercise such other supervision and direction of the personnel of FAS, and shall perform powers as are commonly incidental to Corporation, its officers and employees. such special duties and exercise such the office of Secretary, as well as such The Vice Presidents powers as may be prescribed, from time- other duties as may be prescribed, from to-time, by the Secretary of Agriculture, time-to-time, by the President or the 13. (a) The Executive Vice President Executive Vice President. shall be the chief executive officer of the the Board, or the President of the Corporation. Except as provided in Corporation. The Controller (e) The Vice President who is the paragraphs (b), (c), (d), (e), and (f) 16. The Controller shall: have charge Administrator, FNS, shall be below, the Executive Vice President of all fiscal and accounting affairs of the responsible for the administration of shall have general supervision and Corporation, including all borrowings those operations of the Corporation, direction of: the preparation of policies and related financial arrangements and under policies and programs approved and programs for submission to the claims activities, and perform such by the Board, which are carried out Board; the administration of the policies other duties as may be prescribed, from through facilities and personnel of FNS. and programs approved by the Board; time-to-time, by the President or the This Vice President shall perform such and the day-to-day conduct of the Executive Vice President. business of the Corporation and its special duties and exercise such powers officers and employees. as may be prescribed, from time-to-time, The Treasurer (b) The Vice President who is the by the Secretary of Agriculture, the 17. (a) The Treasurer shall: assist the Administrator, FAS, shall be Board, or the President of the Controller in the administration of all responsible for preparation for Corporation. fiscal and accounting affairs of the submission by the Executive Vice (f) The Vice President who is the Corporation, including all borrowings President to the Board of those policies Chief, NRCS, shall be responsible for and related financial arrangements and and programs of the Corporation which preparation for submission by the claims activities, and perform such are for performance through the Executive Vice President to the Board of other duties relating to the fiscal and facilities and personnel of FAS. This those policies and programs of the accounting affairs of the Corporation as Vice President shall have responsibility Corporation which are for performance may be prescribed, from time-to-time, for the administration of those through the facilities and personnel of by the Controller, the President, or the operations of the Corporation, under NRCS. This Vice President shall have Executive Vice President. policies and programs approved by the responsibility for the administration of (b) The Treasurer, under the general Board, which are carried out through those operations of the Corporation, supervision and direction of the facilities and personnel of FAS, and under policies and programs approved Controller, shall: supervise the receipt shall perform such special duties and by the Board, which are carried out and disbursement of all funds of the exercise such powers as may be through facilities and personnel of Corporation; designate qualified persons prescribed, from time-to-time, by the NRCS, and shall perform such special to authorize disbursement of corporate Secretary of Agriculture, the Board, or duties and exercise such powers as may funds; be responsible for documents the President of the Corporation. be prescribed, from time-to-time, by the relating to the general financing (c) The Vice President who is the Secretary of Agriculture, the Board, or operations of the Corporation; and Administrator, AMS, shall be the President of the Corporation. supervise the claims activities of the responsible for the administration of 14. The Vice Presidents who are the Corporation. those operations of the Corporation, Associate Administrators, FSA, and the under policies and programs approved Deputy Vice Presidents shall assist the The Chief Accountant by the Board, which are carried out Executive Vice President to such extent 18. The Chief Accountant, under the through facilities and personnel of as the President or the Executive Vice general supervision and direction of the AMS. This Vice President shall perform President shall prescribe, and shall Controller, shall: have charge of the such special duties and exercise such perform such special duties and general accounting books and accounts powers as may be prescribed, from time- exercise such powers as may be of the Corporation and the preparation to-time, by the Secretary of Agriculture, prescribed, from time-to-time, by the of financial statements and reports; be the Board, or the President of the Secretary of Agriculture, the Board, the responsible for the issuance of policies Corporation. President of the Corporation, or the and practices related to accounting

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 29989 matters and procedures, including those Executive Vice President or the official 3, 1999) under the Bureau of Land dealing with official inventories and who made the appointment. A copy of Management Notice of Proposed records; and perform such other duties each instrument shall be filed with the withdrawal. The purpose of the relating to the fiscal and accounting Secretary of the Corporation. proposal is to preserve the area for affairs of the Corporation as may be 24. Employees of FSA, FAS, FNS, traditional cultural purposes by Native prescribed, from time-to-time, by the AMS and NRCS may execute contracts Americans, protect threatened and Controller. on behalf of the Corporation as endangered species, and preserve the delegated to them in accordance with outstanding scenic values and roadless Other Officials applicable dockets of the Corporation, character. If approved, the withdrawal 19. Except as otherwise authorized by program regulations, or delegations would remove National Forest System the Secretary of Agriculture or the approved by the President or Vice lands along the Rocky Mountain Front Board, the operations of the Corporation Presidents of the Corporation. from new mining claims for up to 20 shall be carried out through the facilities years. The EIS will be designed to Annual Report and personnel of FSA, FAS, FNS, AMS, satisfy the requirements of the Federal and NRCS in accordance with any 25. The Executive Vice President shall Land Policy and Management Act of assignment of functions and be responsible for the preparation of an 1976 and implementing regulations (43 responsibilities made by the Secretary of annual report of the activities of the CFR 2310.1). Agriculture and, within the respective Corporation, which shall be filed with DATES: Comments concerning the scope agency or office, by the Administrator of the Secretary of Agriculture and with of the analysis should be received on or FSA, FAS, FNS, or AMS, the Chief the Board. before July 6, 1999. See SUPPLEMENTARY NRCS, or the General Sales Manager, Amendments INFORMATION section for public meeting FAS, as applicable. dates. 20. The Directors of the divisions of 26. These Bylaws may be altered, ADDRESSES. Send written comments to FSA and the Directors of the Kansas amended, or repealed by the Secretary Rick Prausa, Forest Supervisor, Lewis City Commodity Office and the Kansas of Agriculture or the Board. and Clark National Forest, 1101 15th City Management Office of FSA shall be Approval of Board Action Street North, Box 869, Great Falls, MT Contracting Officers of the Corporation 27. The actions of the Board shall be 59403. Electronic mail may be sent to and executives of the Corporation in comment/rl—[email protected]. See general charge of the activities of the subject to the approval of the Secretary SUPPLEMENTARY INFORMATION section for Corporation carried out through their of Agriculture. I, Juanita B. Daniels, Acting Secretary, additional information about electronic respective divisions or offices in filing and public meeting addresses. accordance with these Bylaws and Commodity Credit Corporation, do FOR FURTHER INFORMATION CONTACT: applicable programs, policies, and hereby certify that the above is a full, David Whittekiend, EIS Team Leader, procedures. true, and correct copy of the Bylaws of Commodity Credit Corporation. As (406) 466–5341 or (406) 791–7700. Contracts of the Corporation revised May 17, 1999. SUPPLEMENTARY INFORMATION: The Forest 21. Contracts of the Corporation In witness whereof I have officially Service proposes to withdraw from relating to any of its activities may be subscribed my name and have caused locatable mineral entry, National Forest executed in its name by the Secretary of the corporate seal of the said System lands along the Rocky Mountain Agriculture or the President. The Vice Corporation to be fixed this 17th day of Front. The proposed mineral Presidents, the Deputy Vice Presidents, May, 1999. withdrawal is 429,000 acres of federal the Controller, the Treasurer, the Juanita B. Daniels, lands, subject to valid existing rights Directors of the divisions of FSA, and Acting Secretary, Commodity Credit associated with the existing unpatented the Directors of the Kansas City Corporation. mining claims in the study area. The Commodity Office and the Kansas City [FR Doc. 99–14185 Filed 6–3–99; 8:45 am] withdrawal would have an immediate Management Office of FSA may execute BILLING CODE 3410±05±P effect on 426,800 acres of currently contracts relating to the activities of the unclaimed federal land, which would be Corporation for which they are withdrawn for up to 20 years. The respectively responsible. DEPARTMENT OF AGRICULTURE mineral withdrawal may or may not 22. The Executive Vice President and, affect the remaining acreage subject to the written approval by the Forest Service (approximately 2,200 acres of Executive Vice President of each unpatented mining claims), depending appointment, the Vice Presidents, the Rocky Mountain Front Minerals upon whether the 104 unpatented Deputy Vice Presidents, the Controller, Withdrawal EISÐLewis and Clark and mining claims constitute valid existing the Directors of the divisions of FSA, Helena National Forests rights. If these unpatented mining and the Directors of the Kansas City AGENCY: Forest Service, USDA. claims were abandoned or determined Commodity Office and the Kansas City ACTION: Notice of intent to prepare an to be invalid, the mineral withdrawal Management Office of FSA may environmental impact statement. would prohibit the relocation of new appoint, by written instrument, such mining claims. The mineral withdrawal Contracting Officers as they deem SUMMARY: The Forest Service will would be subject to review at the end of necessary, who may, to the extent prepare an environmental impact 20 years according to federal authorized by such instrument, execute statement on a proposal to withdraw regulations. The primary purpose of the contracts in the name of the from locatable mineral entry, 429,000 proposed mineral withdrawal is to Corporation. A copy of each such acres of National Forest System lands preserve the area for tradition cultural instrument shall be filed with the along Montana’s Rocky Mountain Front uses by Native Americans, to protect Secretary of the Corporation. in Glacier, Pondera, Teton and Lewis threatened and endangered species and 23. Appointments of Contracting and Clark Counties, Montana. Specific protect outstanding scenic values and Officers may be revoked by written land descriptions were provided in the roadless character. Many individuals instruction or instrument by the Federal Register (64 FR 5311–5312, Feb. and groups have expressed concern

VerDate 06-MAY-99 17:40 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 29990 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices about the potential of minerals withdrawal action being taken. No Stagestop Inn on June 22, 1999 from 3– development along the Rocky Mountain action is required by Congress to 8 p.m. and in Lincoln, Montana at the Front after the staking of 104 claims in implement a mineral withdrawal. Lincoln Community Hall on June 24, the Blackleaf/Muddy Creek area. Congress can terminate a withdrawal 1999 from 3–7 p.m. The study area includes areas with a concurrent resolution from the Information from the meetings will be considered sacred to several Indian House and Senate within 90 days of the used in preparation of the draft and tribes. Traditional cultural uses that take approval of the Public Land Order. At final EIS. The scoping process will place in the study area include religious the end of the 20 year period, the include identifying: potential issues, ceremonies and gathering of traditional withdrawal decision would be reviewed significant issues to be analyzed in herbs. The study area provides habitat to determine if it is appropriate to depth, alternatives to the proposed for several threatened and endangered extend it. If the Secretary chooses to action, and potential environmental species including grizzly bear, gray implement a withdrawal, the effects of the proposal and alternatives. wolf, peregrine falcon, and bald eagle. withdrawal would become effective on Electronic Access and Filing Addresses The risks of mining development to the date the Public Land Order is these species include increased roading, published in the Federal Register. Comments may be sent by electronic habitat destruction and increased mail (e-mail) to comment/ human presence. The scenic qualities of Responsible Official [email protected]. Please the study area are believed by many to Mike Dombeck, Chief, USDA Forest reference the Rocky Mountain Front be among the best in the nation. These Service, Auditors Building, 201 14th Minerals Withdrawal on the subject qualities could be degraded by the Street, SW at Independence Ave., SW., line. Also, include your name and development of mineral resources. Washington, DC 20250 is the mailing address with your comments so Withdrawal of these lands would ensure Responsible Official for making the documents pertaining to this project that the cultural, biological and scenic withdrawal recommendation to the may be mailed to you. resources of these lands would be Secretary of the Interior. The Chief of Estimated Dates for Filing maintained and the impacts of mining the Forest Service is also responsible for related activities would be reduced. any decision to amend the Forest Plans The Draft EIS is expected to be filed to reflect any change in management of with the Environmental Protection Decisions To Be Made locatable hardrock minerals. He will agency (EPA) and to be available for The U.S. Department of Agriculture, document his decisions and rationale in public review by January, 2000. At the Forest Service, has filed an application a Record of Decision. time EPA will publish a Notice of with the Department of the Interior, Availability of the draft EIS in the Bureau of Land Management to Preliminary Issues Federal Register. The comment period withdraw 429,000 acres of National Two preliminary issues have been on the draft EIS will be 45 days from the Forest System lands from locatable identified: Approval of the withdrawal date the EIS publishes the Notice of mineral entry under the United States would result in the loss of opportunity Availability in the Federal Register. It is mining laws. The Forest Service will to extract minerals from the area and very important that those interested in prepare an EIS. The Chief of the Forest withdrawal would limit the economic the management of this area participate Service will have two decisions to base of rural communities along the at that time. make: he will decide whether or not to Rocky Mountain Front. The final EIS is scheduled to be recommend that the Secretary of the completed by August, 2000. In the final Interior withdraw this area. If the Public Involvement, Rationale, and EIS, the Forest Service is required to Secretary of The Interior withdraws the Public Meetings respond to comments and responses area, the Chief of the Forest Service will In February, 1999, a notice of received during the comment period also amend the Lewis and Clark and proposed withdrawal was published in that pertain to the environmental Helena National Forest Plans to reflect the Federal Register (64 FR 5311–5312, consequences discussed in the draft EIS the change in management of locatable Feb. 3, 1999). This notice invited public and applicable laws, regulations, and hardrock minerals. The Chief’s Forest comment for a period of 90 days. policies considered in making a Plan amendments decisions will be Comments received will be included in decision regarding the proposal. contingent on the Secretary of the the documentation for the EIS. The Interior’s withdrawal decision. public is encouraged to take part in the The Reviewers Obligation To Comment The Chief of the Forest Service will process and is encouraged to visit with The Forest Service believes it is submit his decision and the EIS to the Forest Service officials at any time important to give reviewers notice at Montana State Director, Bureau of Land during the analysis and prior to the this early stage of several court rulings Management who will submit a decision. The Forest Service will be related to public participation in the recommendation to the Director of the seeking information, comments and environmental review process. First, Bureau of Land Management. The assistance from Federal, State and local reviewers of draft environmental impact recommendation and supporting agencies and other individuals or statements must structure their documentation will then be forwarded organizations who may be interested in, participation in the environmental to the Secretary of the Interior for a or affected by, the proposed action. review of the proposal so that it is decision. The authority to withdraw While public participation in this meaningful and alters an agency to the lands from mineral entry lies with the analysis is welcome at any time, reviewer’s position and contentions. Secretary of the Interior. The Secretary comments received within 30 days of Vermont Yankee Nuclear Power Corp. v. will decide which lands, if any, to the publication of this notice will be NRDC, 435 U.S. 519, 553 (1978). Also, withdraw, and for how long. The especially useful in the preparation of environmental objections that could be Secretary is limited to a maximum the Draft EIS. Public meetings raised at the draft environmental impact withdrawal period of 20 years. If a associated with the project will be held statement stage but that are not raised withdrawal of over 5,000 acres is to gain a better understanding of public until after completion of the final approved, the Secretary of the Interior issues and concerns. These meetings environmental impact statement may be would advise Congress of the will be held in Choteau, Montana at the waived or dismissed by the courts.

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Wisconsin Heritages, Inc. v. Harris, 490 Northwest Forest Plan on the ground in environmental impact statement is not F. Supp. 1334, 1338 (E.D. Wis. 1980). the California Coast Province; and (6) needed for this project. Because of these court rulings, it is very Open public comment. All California The project purposes are flood control important that those interested in this Coast Provincial Advisory Committee and watershed protection. The planned proposed action participate by the close meetings are open to the public. works of improvement include the of the 45-day comment period so that Interested citizens are encouraged to rehabilitation of two aging floodwater substantive comments and objections attend. retarding structures and associated land are made available to the Forest Service FOR FURTHER INFORMATION CONTACT: treatment for sediment control. at a time when it can meaningfully Direct questions regarding this meeting The Notice of a Finding of No consider them and respond to them in to Daniel Chisholm, USDA, Forest Significant Impact (FONSI) has been the final environmental impact Supervisor, Mendocino National Forest, forwarded to the Environmental statement. 825 N. Humboldt Avenue, Willows, CA Protection Agency and to various Federal, State, and local agencies and To assist the Forest Service in 95988, (530) 934–3316 or Phebe Brown, interested parties. A limited number of identifying and considering issues and Province Coordinator, USDA, copies of the FONSI are available to fill concerns on the proposed action, Mendocino National Forest, 825 N. single copy requests at the above comments on the draft environmental Humboldt Avenue, Willows, CA, 95988, address. Basic data developed during impact statement should be as specific (530) 934–3316. as possible. It is also helpful if the environmental assessment are on comments refer to specific pages or Dated: May 26, 1999. file and may be reviewed by contacting chapters of the draft statement. Daniel K. Chisholm, Ronnie L. Clark. No administrative Comments may also address the Forest Supervisor. action on implementation of the adequacy of the draft environmental [FR Doc. 99–14189 Filed 6–3–99; 8:45 am] proposal will be taken until 30 days impact statement or the merits of the BILLING CODE 3410±11±M after the date of this publication in the alternatives formulated and discussed in Federal Register. the statement. Reviewers may wish to Dated: May 27, 1999. refer to the Council on Environmental DEPARTMENT OF AGRICULTURE Ronnie L. Clark, Quality Regulations for implementing State Conservationist, Oklahoma. the procedural provisions of the Natural Resources Conservation Service (This activity is listed in the Catalog of National Environmental Policy Act at 40 Federal Domestic Assistance under No. CFR 1503.3 in addressing these points. Notice of Availability of a Finding of No 10.904, Watershed Protection and Flood Dated: June 1, 1999. Significant Impact for the Sergeant Prevention, and is subject to the Paul Brouha, Major Creek Watershed in Roger Mills provisions of Executive Order 12372, Associate Deputy Chief, National Forest County, Oklahoma which requires intergovernmental System. consultation with State and local AGENCY: Natural Resources [FR Doc. 99–14223 Filed 6–3–99; 8:45 am] officials.) Conservation Service (NRCS) in BILLING CODE 3410±11±M Oklahoma. U.S. Department of [FR Doc. 99–14102 Filed 6–3–99; 8:45 am] Agriculture. BILLING CODE 3410±16±P DEPARTMENT OF AGRICULTURE ACTION: Notice of Finding of No Significant Impact. Forest Service COMMITTEE FOR PURCHASE FROM SUMMARY: Pursuant to Section 102(2)(c) PEOPLE WHO ARE BLIND OR California Coast Provincial Advisory of the National Environmental Policy SEVERELY DISABLED Committee (PAC) Meeting Act of 1969; the Council on Environmental Quality Regulations (40 Procurement List; Proposed Additions AGENCY: Forest Service, USDA. CFR Part 1500); and the Natural AGENCY: Committee for Purchase From ACTION: Notice of meeting. Resources Conservation Service People Who Are Blind or Severely SUMMARY: The California Coast Regulations (7 CFR Part 650); the Disabled. Provincial Advisory Committee (PAC) Natural Resources Conservation Service, ACTION: Proposed additions to will meet on June 16 and 17, 1999, at U.S. Department of Agriculture, gives Procurement List. the Six Rivers National Forest notice that an environmental impact SUMMARY: Supervisor’s Office in Eureka, statement is not being prepared for the The Committee has received California. The meeting will be held Sergeant Major Creek Watershed, Roger proposals to add to the Procurement List from 9 a.m. to 5 p.m. on June 16. A field Mills County, Oklahoma. a commodity and services to be furnished by nonprofit agencies trip to the Mad River Ranger District FOR FURTHER INFORMATION CONTACT: employing persons who are blind or will be held from 7:30 a.m. to 5 p.m. on Ronnie L. Clark, State Conservationist, have other severe disabilities. June 17. The Forest Supervisor’s Office Natural Resources Conservation Service, is located at 1330 Bay Shore Way in 100 USDA, Suite 206, Stillwater, COMMENTS MUST BE RECEIVED ON OR Eureka. Agenda items to be covered Oklahoma 74074, (405) 742–1206. BEFORE: July 6, 1999. include: (1) Designation of a chairperson SUPPLEMENTARY INFORMATION: The ADDRESSES: Committee for Purchase for the Public/Private/Tribal Partnership environmental assessment of this From People Who Are Blind or Severely Opportunities Subcommittee; (2) federally assisted action indicates that Disabled, Crystal Gateway 3, Suite 310, Regional Ecosystem Office (REO)/IAC the project will not cause significant 1215 Jefferson Davis Highway, Update (to include IAC/PAC Summit); local, regional, or national impacts on Arlington, Virginia 22202–4302. (3) Status of FERC/Potter Valley Project; the environment. As a result of these FOR FURTHER INFORMATION CONTACT: (4) Aquatic Conservation Subcommittee findings, Ronnie L. Clark, State Beverly Milkman (703) 603–7740. resolution concerning herbicide use by Conservationist, has determined that the SUPPLEMENTARY INFORMATION: This CalTrans; (5) Implementation of the preparation and review of an notice is published pursuant to 41

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U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its COMMITTEE FOR PURCHASE FROM O’Day Act (41 U.S.C. 46–48c) in purpose is to provide interested persons PEOPLE WHO ARE BLIND OR connection with the services proposed an opportunity to submit comments on SEVERELY DISABLED for addition to the Procurement List. the possible impact of the proposed Accordingly, the following services actions. Procurement List; Additions and are hereby added to the Procurement Deletions List: If the Committee approves the Base Supply Center AGENCY: Committee for Purchase From proposed additions, all entities of the Fort Riley, Kansas Federal Government (except as People Who Are Blind or Severely Disabled. Base Supply Center otherwise indicated) will be required to Naval Air Station procure the commodity and services ACTION: Additions to and deletions from Kingsville, Texas the Procurement List listed below from nonprofit agencies Janitorial/Custodial employing persons who are blind or SUMMARY: Naval and Marine Corps Reserve Center have other severe disabilities. This action adds to the Procurement List services to be 30 Woodward Avenue I certify that the following action will furnished by nonprofit agencies New Haven, Connecticut Janitorial/Custodial not have a significant impact on a employing persons who are blind or substantial number of small entities. Three Child Care Centers have other severe disabilities, and Buildings 113, 4819/4820 and 52024 The major factors considered for this deletes from the Procurement List Headquarters III Corps and Fort Hood certification were: commodities previously furnished by Fort Hood, Texas 1. The action will not result in any such agencies. Janitorial/Custodial additional reporting, recordkeeping or EFFECTIVE DATE: July 6, 1999 Curlew Conservation Center other compliance requirements for small ADDRESSES: Committee for Purchase Colville National Forest entities other than the small From People Who Are Blind or Severely Curlew, Washington organizations that will furnish the Disabled, Crystal Gateway 3, Suite 310, This action does not affect current commodity and services to the 1215 Jefferson Davis Highway, contracts awarded prior to the effective Government. Arlington, Virginia 22202–4302. date of this addition or options that may be exercised under those contracts. 2. The action will result in FOR FURTHER INFORMATION CONTACT: authorizing small entities to furnish the Beverly Milkman (703) 603–7740. Deletions commodity and services to the SUPPLEMENTARY INFORMATION: On I certify that the following action will Government. February 26, March 5, April 16 and 23, not have a significant impact on a 1999, the Committee for Purchase From substantial number of small entities. 3. There are no known regulatory People Who Are Blind or Severely alternatives which would accomplish The major factors considered for this Disabled published notices (64 FR 9470, certification were: the objectives of the Javits-Wagner- 10620, 18877 and 19976) of proposed O’Day Act (41 U.S.C. 46–48c) in 1. The action may not result in any additions to and deletions from the additional reporting, recordkeeping or connection with the commodity and Procurement List: services proposed for addition to the other compliance requirements for small entities. Procurement List. Comments on this Additions 2. The action will not have a severe certification are invited. Commenters After consideration of the material economic impact on future contractors should identify the statement(s) presented to it concerning capability of for the commodities. underlying the certification on which qualified nonprofit agencies to provide 3. The action may result in they are providing additional the services and impact of the additions authorizing small entities to furnish the information. on the current or most recent commodities to the Government. The following commodity and contractors, the Committee has 4. There are no known regulatory services have been proposed for determined that the services listed alternatives which would accomplish addition to Procurement List for below are suitable for procurement by the objectives of the Javits-Wagner- production by the nonprofit agencies the Federal Government under 41 U.S.C. O’Day Act (41 U.S.C. 46–48c) in listed: 46–48c and 41 CFR 51–2.4. connection with the commodities I certify that the following action will deleted from the Procurement List. Commodity not have a significant impact on a After consideration of the relevant Skin Protectant, Plus substantial number of small entities. matter presented, the Committee has 9999–00–NSH–0001 The major factors considered for this determined that the commodities listed NPA: ACT, Corp., Daytona Beach, Florida certification were: below are no longer suitable for 1. The action will not result in any procurement by the Federal Government Services additional reporting, recordkeeping or under 41 U.S.C. 46–48c and 41 CFR 51– Janitorial/Custodial, Veterans Administration other compliance requirements for small 2.4. Outpatient Clinic, 2900 Veterans Way, entities other than the small Accordingly, the following Melbourne, Florida organizations that will furnish the commodities are hereby deleted from NPA: Brevard Achievement Center, Inc., services to the Government. the Procurement List: Rockledge, Florida 2. The action will not have a severe Gloves, Cloth, Cotton Janitorial/Custodial, USDA Building 255E, economic impact on current contractors 8415–00–964–4615 Sanford Airport, Sanford, Florida for the services. 8415–00–964–4925 NPA: ACT, Corp., Daytona Beach, Florida 3. The action will result in 8415–00–964–4760 authorizing small entities to furnish the Beverly L. Milkman, services to the Government. Beverly L. Milkman, Executive Director. 4. There are no known regulatory Executive Director. [FR Doc. 99–14204 Filed 6–3–99; 8:45 am] alternatives which would accomplish [FR Doc. 99–14205 Filed 6–3–99; 8:45 am] BILLING CODE 6353±01±P the objectives of the Javits-Wagner- BILLING CODE 6353±01±P

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DEPARTMENT OF COMMERCE Eastport area. Several firms have the provisions of the Foreign-Trade indicated an interest in using zone Zones Act, as amended (19 U.S.C. 81a– Foreign-Trade Zones Board procedures for warehousing/distribution 81u), and the regulations of the Board of lumber/forest products. Specific (15 CFR part 400). It was formally filed [Docket 5±98] manufacturing approvals are not being on May 26, 1999. Foreign-Trade Zone 143ÐSacramento, sought at this time. Requests would be FTZ 216 was approved on August 16, California, Withdrawal of Request for made to the Board on a case-by-case 1996 (Board Order 836, 61 FR 45400, 8/ Manufacturing Authority on Behalf of basis. 29/96). The general-purpose zone Artesyn Solutions, Inc., Within FTZ 143 In accordance with the Board’s project currently consists of 13 sites regulations, a member of the FTZ Staff (3,244 acres) in four counties (Thurston, Notice is hereby given of the has been designated examiner to Lewis, Mason and Kitsap) in the South withdrawal of the application submitted investigate the application and report to Puget Sound area: Site 1 (283 acres)— by Artesyn Solutions, Inc. (Artesyn), the Board. Port of Olympia port terminal facility, operator of FTZ 143, requesting As part of the investigation, the Thurston County; Site 2 (800 acres)— authority on Behalf of Artesyn (formerly Commerce examiner will hold a public Olympia Airport/Industrial Park Zytec Services and Logistics) to hearing on July 1, 1999, 1 p.m., at the complex, Thurston County; Site 3 (389 manufacture and assemble computers Boundary County Co-operative acres)—Marvin Road/Hawks Prairie and related electronic products and Extension Service (meeting room), 6447 industrial/business park, Thurston subassemblies. The application was Kootenai Street, Bonners Ferry, Idaho County; Site 4 (109 acres)—Yelm originally filed on August 19, 1997, as 83805. Industrial Park, Thurston County; Site 5 A(32b1)–3–97 (62 FR 45394, 8/27/97). Public comment on the application is (165 acres)—Port of Centralia Industrial On January 21, 1998, the request was invited from interested parties. Park, Lewis County; Site 6 (87 acres)— formally docketed as FTZ Doc. 5–98. Submissions (original and 3 copies) Chehalis Industrial Area, Lewis County; The withdrawal was requested by the shall be addressed to the Board’s Site 7 (269 acres)— Port of Chehalis applicant because of changed Executive Secretary at the address Industrial Park, Lewis County; Site 8 (39 circumstances, and the case has been below. The closing period for their acres)—Klein/South Prairie Industrial closed without prejudice. receipt is August 3, 1999. Rebuttal Park, Lewis County; Site 9 (420 acres)— Sanderson Field within the Port of Dated: May 21, 1999. comments in response to material submitted during the foregoing period Shelton complex, Mason County; Site Dennis Puccinelli, 10 (130 acres)—Johns Prairie Industrial Acting Executive Secretary. may be submitted during the subsequent 15-day period to August 18, 1999. Park within the Port of Shelton [FR Doc. 99–14095 Filed 6–3–99; 8:45 am] A copy of the application and complex, Mason County; Site 11 (217 BILLING CODE 3510±05±M accompanying exhibits will be available acres)—Port of Bremerton/Bremerton during this time for public inspection at Airport South, Kitsap County; Site 12 the following locations: (312 acres)—Port of Bremerton/Olympic DEPARTMENT OF COMMERCE View Industrial Park, Kitsap County; Boundary County Library, 6370 and Site 13 (24 acres)—warehouse Foreign-Trade Zones Board Kootenai Street, Bonners Ferry, Idaho facility (includes Darigold, Inc.), Lewis 83805 [Docket 26±99] County. Office of the Executive Secretary, The applicant is now requesting Proposed Foreign-Trade ZoneÐ Foreign-Trade Zones Board, Room authority to expand one of its existing Boundary County, Idaho, Application 3716, U.S. Department of Commerce, sites (Site 3) to include all of Commerce and Public Hearing 14th and Pennsylvania Avenue, NW, Place, a business park development Washington, DC 20230 within the 1,153-acre Meridian Campus An application has been submitted to Dated: May 26, 1999. Planned Community in the City of the Foreign-Trade Zones (FTZ) Board Dennis Puccinelli, Lacey. The proposed area is contiguous (the Board) by the County of Boundary, Acting Executive Secretary. to existing Site 3. The Business Park Idaho, to establish a general-purpose [FR Doc. 99–14096 Filed 6–3–99; 8:45 am] contains a total of 99 acres of which 23 foreign-trade zone in Boundary County, BILLING CODE 3510±DS±P acres are currently included in Site 3. Idaho, adjacent to the Eastport Customs Commerce Place also contains 108 acres port of entry. The application was of light industrial sites. The 184-acre submitted pursuant to the provisions of DEPARTMENT OF COMMERCE expansion would increase the size of the FTZ Act, as amended (19 U.S.C. Site 3 to a total of 573 acres. No specific 81a–81u), and the regulations of the Foreign-Trade Zones Board manufacturing requests are being made Board (15 CFR part 400). It was formally [Docket 27±99] at this time. Such requests would be filed on May 24, 1999. The applicant is made to the Board on a case-by-case authorized to make the proposal under Foreign-Trade Zone 216ÐOlympia, basis. section 67–4703A, Idaho Code. Washington Area Application for In accordance with the Board’s The proposed zone consists of a 55- Expansion regulations, a member of the FTZ Staff acre site located at the Reload Center has been designated examiner to (Eastport Industries, Inc.), end of County An application has been submitted to investigate the application and report to Road #95E (also known as Railroad the Foreign-Trade Zones (FTZ) Board the Board. Avenue), Eastport. The site includes a (the Board), by the Port of Olympia, Public comment on the application is truck/rail intermodal reloading facility, Washington, grantee of Foreign-Trade invited from interested parties. as well as a warehouse yard. Eastport Zone 216, requesting authority to Submissions (original and 3 copies) Industries, Inc., will be the operator of expand its zone in the Olympia, shall be addressed to the Board’s the zone. Washington, area, adjacent to the Port of Executive Secretary at the address The application indicates a need for Olympia Customs port of entry. The below. The closing period for their foreign-trade zone services in the application was submitted pursuant to receipt is August 3, 1999. Rebuttal

VerDate 06-MAY-99 17:40 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 29994 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices comments in response to material Description of Amended Certificate authorizes the WSGP to conduct an submitted during the foregoing period Export Trade Certificate of Review experiment in the Bering Sea and may be submitted during the subsequent No. 85–00018, was originally issued to Aleutian Islands Management Area 15-day period to August 18, 1999. U.S. Shippers Association on June 3, (BSAI) that would test the effectiveness A copy of the application and 1986 (51 FR 20873, June 9, 1986), and of seabird avoidance measures. NMFS accompanying exhibits will be available subsequently amended on January 16, could use results from the EFP to for public inspection at each of the 1990 (55 FR 2543, January 25, 1990); establish more effective regulatory following locations: November 13, 1990 (55 FR 48664, measures to reduce incidental take of Port of Olympia, 915 Washington Street November 21, 1990); September 22, seabirds in these fisheries. This EFP is NE, Olympia, WA 98501 1993 (58 FR 51061, September 30, necessary to provide information not Office of the Executive Secretary, 1993); June 28, 1994 (59 FR 34411, July otherwise available through research or Foreign-Trade Zones Board, Room 5, 1994); April 10, 1997 (62 FR 18586, commercial fishing operations. The 3716, U.S. Department of Commerce, April 16, 1997); and November 23, 1998 intended effect of this action is to 14th & Pennsylvania Avenue, NW, (63 FR 65752, November 30, 1998). promote the purposes and policies of Washington, DC 20230 USSA’s Export Trade Certificate of the Magnuson-Stevens Fishery Dated: May 27, 1999. Review has been amended to: Conservation and Management Act. Dennis Puccinelli, 1. Add the following entities as new ADDRESSES: Copies of the EFP and the Environmental Assessment (EA) Acting Executive Secretary. ‘‘Members’’ of the Certificate within the prepared for the EFP are available from [FR Doc. 99–14097 Filed 6–3–99; 8:45 am] meaning of § 325.2(1) of the Regulations (15 CFR 325.2(1)): Lyondell Chemical Lori Gravel, Sustainable Fisheries BILLING CODE 3510±DS±M Worldwide, Inc., Newtown Square, PA Division, Alaska Region, NMFS, P.O. (Controlling Entity: Lyondell Box 21668, Juneau, AK 99802. DEPARTMENT OF COMMERCE Petrochemical Company, Houston, FOR FURTHER INFORMATION CONTACT: Kim Texas); and Arch Chemicals, Inc., S. Rivera, 907–586–7424. International Trade Administration Norwalk, CT (Controlling Entity: None); SUPPLEMENTARY INFORMATION: The and Fishery Management Plan for the [Application No. 85-8A018] 2. Delete ARCO Chemical Company, Groundfish Fishery of the Bering Sea Export Trade Certificate of Review Newtown Square, PA; and Olin and Aleutian Islands Management Area Corporation, Norwalk, CT as authorizes the issuance of EFPs for ACTION: Notice of issuance of an ‘‘Members’’ of the Certificate. fishing for groundfish in a manner that amended Export Trade Certificate of A copy of the amended certificate will would otherwise be prohibited under Review. be kept in the International Trade existing regulations. The procedures for Administration’s Freedom of issuing EFPs are set out at 50 CFR 679.6 SUMMARY: The Department of Commerce Information Records Inspection Facility, and 600.745. has issued an amendment to the Export Room 4102, U.S. Department of On February 23, 1999, NMFS received Trade Certificate of Review granted to Commerce, 14th Street and Constitution an EFP application from WSGP to U.S. Shippers Association (‘‘USSA’’) on Avenue, NW, Washington, DC. 20230. conduct an experiment to assess June 3, 1986. Notice of issuance of the alternative seabird avoidance measures original Certificate was published in the Dated: May 28, 1999. Morton Schnabel, for hook-and-line gear fisheries off Federal Register on June 9, 1986 (51 FR Alaska. NMFS published an 20873). Director, Office of Export Trading Company Affairs. announcement of receipt of the EFP FOR FURTHER INFORMATION CONTACT: application in the Federal Register on [FR Doc. 99–14184 Filed 6–3–99; 8:45 am] Morton Schnabel, Director, Office of March 29, 1999 (64 FR 14885), Export Trading Company Affairs, BILLING CODE 3510±DR±P describing the proposed experiment and International Trade Administration, its use in both the groundfish and (202) 482–5131. This is not a toll-free DEPARTMENT OF COMMERCE Individual Fishing Quota (IFQ) number. fisheries. On March 22, 1999, NMFS SUPPLEMENTARY INFORMATION: Title III of National Oceanic and Atmospheric received a second EFP application from the Export Trading Company Act of Administration WSGP. The second application would 1982 (15 U.S.C. 4001–21) authorizes the augment the first related EFP recently Secretary of Commerce to issue Export [I.D. 052699D] issued to WSGP and requests Trade Certificates of Review. The Fisheries of the Exclusive Economic authorization for WSGP to test the regulations implementing Title III are Zone off Alaska; Groundfish of the effectiveness of seabird avoidance found at 15 CFR part 325 (1999). Bering Sea and Aleutian Islands measures in the Bering Sea Pacific cod The Office of Export Trading Management Area; Exempted Fishing fishery outside of the open access and Company Affairs (‘‘OETCA’’) is issuing Permit Community Development Quota (CDQ) this notice pursuant to 15 CFR 325.6(b), fisheries. During its meeting in April which requires the Department of AGENCY: National Marine Fisheries 1999, the North Pacific Fishery Commerce to publish a summary of a Service (NMFS), National Oceanic and Management Council recommended Certificate in the Federal Register. Atmospheric Administration (NOAA), approval of both EFP applications Under section 305(a) of the Act and 15 Commerce. submitted by the WSGP. NMFS CFR 325.11(a), any person aggrieved by ACTION: Issuance of an exempted fishing announced the approval of the first EFP the Secretary’s determination may, permit. May 12, 1999, in the Federal Register within 30 days of the date of this notice, (64 FR 25478). bring an action in any appropriate SUMMARY: NMFS announces the WSGP will conduct the experiment district court of the United States to set issuance of an exempted fishing permit under the second EFP as a part of its aside the determination on the ground (EFP) 99–02 to the Washington Sea research project jointly funded by the that the determination is erroneous. Grant Program (WSGP). The EFP U.S. Fish & Wildlife Service (USFWS)

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 29995 and NMFS. WSGP will compare two WSGP designed, and NMFS reviewed, cod. The EFP also authorizes, as seabird avoidance measures to a control the experimental protocol for testing on prohibited species catch, no more than (no measures) in the BSAI Pacific cod larger-sized catcher-processor vessels 17.2 mt of Pacific halibut bycatch fishery. A second EFP is necessary (longer than 124 ft (37.8 m) LOA) in the mortality. NMFS will review the because the WSGP’s research project BSAI. The protocol requires a minimum experimental work and, pending calls for testing seabird avoidance of 3 million deployed hooks and 150 successful completion of the first year of measures in different fisheries and observer days over 2 years to adequately the experiment in 1999, the same different fishery operations. The first address the efficacy of seabird amount of groundfish harvest would be part of the research project is being avoidance measures relative to a control authorized during the same time period conducted on smaller-sized vessels [less of no measure(s). To achieve this sample in 2000 for the second year of the than 124 ft (37.8 m) length overall size objective, two vessels per year in experiment. Groundfish and halibut (LOA)] using hook-and-line gear in the the Pacific cod fishery will be required, IFQ Pacific halibut and sablefish with seabird observer coverage for a bycatch mortality associated with this fisheries. The second part of the total of 40 days per year (approximately experiment will not be deducted from research project will be conducted on 2 trips). Two observers will work on total allowable catch and halibut larger catcher-processor vessels [longer each vessel and will sample between 65 bycatch allowances specified for the than 124 ft LOA (37.8 m)] in the BSAI to 80 percent of all hooks on each of the 1999 groundfish fisheries. This will not Pacific cod fishery. The first EFP hauls, assuming a total hook retrieval cause a conservation problem for authorizes the control treatments (no observation rate of 40 percent. Two groundfish species because estimated seabird avoidance measures) for both observers will sample 65 to 80 percent total removals under the EFP are very parts of the research project. of all hooks on each of the hauls. To small compared to the overall TACs for Owner/operators of vessels for the fully complete the experiment, WSGP these species and would not contribute second part of the project were estimates that a total of 1,652 metric in a meaningful way to approaching concerned that experimental operations tons (mt) of groundfish may be taken by overfishing levels already considered in would interfere with the highly the two vessels participating in the the EA for 1999 specifications. competitive open access fishery, experiment. The experiment is Failure of the permit holder to comply resulting in potential economic loss. scheduled to take place in the BSAI for Additionally, the CDQ fisheries are approximately 40 to 50 days during July with the terms and conditions of the often conducted after the fall open 1999 through October 1999, and for EFP may be grounds for revocation, access BSAI Pacific cod fishery, when approximately 40 to 50 days during July suspension, or modification of the EFP some seabirds have left the area. 2000 through October 2000. under 15 CFR part 904 with respect to Because two observers already are WSGP established an industry any or all persons and vessels required on CDQ operations, a third advisory committee in consultation with conducting activities under the EFP. observer would have been necessary to NMFS and the USFWS. This committee Failure to comply with applicable laws carry out the seabird experiment selected the participating vessels and also may result in sanctions imposed adequately. Many vessels could not the seabird avoidance measures to be under those laws. have accommodated this additional tested. The participating vessels were observer. Therefore, WSGP submitted a selected in collaboration with the North Classification second EFP application requesting that Pacific Longline Association based on The Regional Administrator the second part of the experiment be fishing experience, demonstrated determined that fishing activities allowed to occur at a time when fishing leadership in the seabird bycatch issue, conducted under this action would not for BSAI Pacific cod is closed to and willingness to cooperate in the affect endangered and threatened directed fishing. experiment. The performance of seabird The purpose of this experiment is to avoidance gear will be tested against a species or critical habitat in any manner assess the effectiveness of alternative standard control gear. The control gear not considered in prior consultations on seabird avoidance measures for hook- will be identical hook-and-line gear, the groundfish fisheries. The USFWS and-line fisheries off Alaska. The although configured without the seabird has issued a section 10 permit to WSGP objectives of the WSGP experiment are avoidance gear. Fishing with under the Endangered Species Act. to: (1) Work cooperatively with the experimental and control gear will be Such a permit authorizes the incidental fishing industry, NMFS, and the conducted with procedures and at sites take of one short-tailed albatross in the USFWS to select and then test the similar to those used during the unlikely event that one were taken effectiveness of seabird avoidance commercial fishery for Pacific cod in the during the course of the experiment. measures in hook-and-line fisheries off BSAI. This notice is exempt from review Alaska; (2) characterize the species- The Regional Administrator approved under E.O. 12866 and the Regulatory specific behavioral interactions of the EFP application and has issued EFP Flexibility Act (RFA) because prior seabirds with hook-and-line gear on 99–02 to the WSGP. The EFP authorizes notice and opportunity for public actively fishing vessels, with and the participation of two vessels per year comment are not required for this without seabird avoidance measures; (3) in the experimental BSAI Pacific cod notice. Therefore, the analytical work cooperatively with the fishing fishery. The EFP authorizes the harvest industry, NMFS, and the USFWS to of 1,652 mt of groundfish during requirements of the RFA are develop recommendations for revisions approximately 40 to 50 days in July inapplicable. to existing seabird avoidance 1999 through October 1999. The Authority: 16 U.S.C. 1801 et seq. regulations and performance standards effective period for the EFP may be Dated: May 28, 1999. based on the results of this research; and revised for other months in 1999 and (4) recommend future research and 2000, pending agreement between the Bruce C. Morehead, research protocols. Issuance of this EFP permit holder and the Administrator, Acting Director, Office of Sustainable will provide information not otherwise Alaska Region, NMFS (Regional Fisheries, National Marine Fisheries Service. available through research or Administrator). No more than 1,306 mt [FR Doc. 99–14206 Filed 6–3–99; 8:45 am] commercial fishing operations. of the authorized amount may be Pacific BILLING CODE 3510±22±F

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CORPORATION FOR NATIONAL AND DATES: Written comments must be Accomplishments Survey will be COMMUNITY SERVICE submitted to the office listed in the administered by mail and also through ADDRESSES section by August 3, 1999. a computerized data tracking system. Proposed Information Collection; ADDRESSES: Send comments to the The survey will cover VISTA project Comment Request Corporation for National and activities and accomplishments during the 12-month period of October 1, 1998, AGENCY: Corporation for National and Community Service, Attn: Carol through September 30, 1999. Community Service. Hafford, Office of Evaluation, 1201 New York Avenue, NW., 9th floor, Approximately 1,250 projects will be ACTION: Notice. Washington, DC 20525. surveyed, of which we expect 950 SUMMARY: The Corporation for National FOR FURTHER INFORMATION CONTACT: respondents. The survey will collect and Community Service (hereinafter the Carol Hafford, (202) 606–5000, ext. 232. data on project characteristics and on specific AmeriCorps*VISTA activities ‘‘Corporation’’), as part of its continuing SUPPLEMENTARY INFORMATION: effort to reduce paperwork and and accomplishments in each of seven respondent burden, conducts a Background program emphasis areas and in preclearance consultation program to One of the missions of the organizational capacity building. provide the general public and Federal Corporation is to ‘‘provide opportunities Accomplishment data from the FY 1999 agencies with an opportunity to to engage in service that addresses the survey will be used to provide a report comment on proposed and/or nation’s unmet human, educational, on AmeriCorps*VISTA continuing collections of information in environmental, and public safety needs’’ accomplishments to the Congress in FY accordance with the Paperwork (42 U.S.C. 12501(b)). Through the 2000 and to satisfy the Government and Reduction Act of 1995 (PRA95) (44 AmeriCorps*VISTA (Volunteers in Performance and Results Act of 1993 U.S.C. 3506(c)(2)(A)). This program Service to America) program, the requirements. helps to ensure that requested data can Corporation supports VISTA’s 34 year Type of Review: New approval. Agency: Corporation for National and be provided in the desired format, mission to engage Americans in Community Service. reporting burden (time and financial community service activities and build Title: AmeriCorps*VISTA 1999 resources) is minimized, collection the capacity of low-income Project Accomplishments Survey. instruments are clearly understood, and communities. AmeriCorps*VISTA OMB Number: None. the impact of collection requirement on activities address issues of poverty and Agency Number: None. respondents can be properly assessed. poverty-related problems by generating Affected Public: AmeriCorps*VISTA Currently, the Corporation is soliciting private sector resources, encouraging projects that have been active for at least comments concerning its request for volunteer service at the local level, and nine months prior to September 30, approval of a survey form to collect data strengthening the capacity of local 1999. on project characteristics and organizations and agencies to meet the Total Respondents: Approximately accomplishments from needs of low-income communities. 950. AmeriCorps*VISTA projects that are VISTA is a full-time, full-year service Frequency: Annually. managed by the Corporation. This program for men and women ages 18 Average Time Per Response: One information will be used by the and older. AmeriCorps*VISTA places hour. Corporation to evaluate the nature and federally funded national service Estimated Total Burden Hours: 950 effectiveness of the program. participants in ongoing programs hours. Copies of the proposed information managed by public agencies or private, Total Burden Cost (capital/startup): collection request may be obtained by nonprofit organizations. None. contacting the office listed below in the AmeriCorps*VISTA members work Total Burden Cost (operating/ ADDRESSES section of this notice. within these agencies or organizations maintenance): None. The Corporation is particularly to help them expand services to people Comments submitted in response to interested in comments which: in economically disadvantaged this notice will be summarized and/or • Evaluate whether the proposed communities. Members are involved in included in the request for Office of collection of information is necessary a wide variety of community-oriented Management and Budget approval of the for the proper performance of the efforts, such as developing literacy information collection request; they will functions of the Corporation, including programs, organizing outreach programs also become a matter of public record. whether the information will have in health care, training low-income Dated: June 1, 1999. practical utility; people in business management, and • Evaluate the accuracy of the establishing transitional housing Thomas L. Bryant, agency’s estimate of the burden of the programs for the homeless. Associate General Counsel. proposed collection of information, Since 1996, the Corporation has [FR Doc. 99–14203 Filed 6–3–99; 8:45 am] including the validity of the conducted an annual survey and BILLING CODE 6050±28±U methodology and assumptions used; collected data from AmeriCorps*VISTA • Propose ways to enhance the projects to describe program quality, utility and clarity of the accomplishments. These responses DEPARTMENT OF DEFENSE information to be collected; and assist the Corporation in addressing • Propose ways to minimize the policy and programming issues about Office of the Secretary burden of the collection of information AmeriCorps*VISTA and the projects it on those who are to respond, including supports throughout the country. Submission for OMB Review, through the use of appropriate Comment Request Current Action automated, electronic, mechanical, or ACTION: Notice. other technological collection The Corporation seeks approval of a techniques or other forms of information survey form to collect data from a The Department of Defense has technology, e.g., permitting electronic sample of AmeriCorps*VISTA projects. submitted to OMB for clearance, the submissions of responses. The 1999 AmeriCorps*VISTA Project following proposal for collection of

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 29997 information under the provisions of the DEPARTMENT OF DEFENSE directed to the Naval Research Paperwork Reduction Act (44 U.S.C. Laboratory, Code 3008.2, 4555 Overlook Chapter 35). Office of the Secretary Avenue, SW, Washington, DC 20375– Title, Associated Form, and OMB 5320, and must include the Navy Case Meeting to Discuss Gulf War Illness number. Number: Application for Uniformed Research Services Identification Card—DEERS FOR FURTHER INFORMATION CONTACT: Enrollment; DD Form 1172; OMB AGENCY: Special Oversight Board for Catherine M. Cotell, Ph.D., Head, Number 0704–0020 Department of Defense Investigations of Technology Transfer Office, NRL Code Type of Request: Revision. Gulf War Chemical and Biological 1004, 4555 Overlook Avenue, SW, Incidents, Department of Defense. Washington, DC 20375–5320, telephone Number of Respondents: 1,683,183. ACTION: Notice. (202) 767–7230. Responses per Respondent: 1. Authority: 35 U.S.C. 207, 37 CFR part 404. Annual Responses: 1,683,183. SUMMARY: The Board will conduct a four to six hour public meeting to receive a Dated: May 21, 1999. Average Burden Per Response: 10 Ralph W. Corey, minutes. presentation on government-sponsored research dealing with possible Commander, Judge Advocate General’s Corps, Annual Burden Hours: 280,531. neurological damage to Gulf War U.S. Navy, Alternate Federal Register Liaison Needs and Uses: This information veterans that may have resulted from Officer. collection requirement is necessary to their service in Southwest Asia. [FR Doc. 99–14190 Filed 6–3–99; 8:45 am] authorize members of the Uniformed DATES: June 22, 1999. BILLING CODE 3810±FF±P Services, their spouses and dependents, ADDRESSES: Dynasty Room, Best and other authorized individuals certain Western Key Bridge Hotel, 1850 North benefits and privileges. These privileges DEPARTMENT OF DEFENSE Fort Myer Drive, Arlington, VA 22209. include health care, use of commissary, Department of the Navy base exchange, and morale welfare, and FOR FURTHER INFORMATION CONTACT: recreation facilities. This information Contact Mr. Roger Kaplan, Deputy Executive Director, Special Oversight Notice of Intent To Grant Exclusive collection is needed to obtain the License; John Crane Marine USA necessary data to determine eligibility to Board, 1401 Wilson Blvd, Suite 401, benefits and privileges, to provide Arlington, VA 22209, phone (703) 696– AGENCY: Department of the Navy, DOD. 9470, fax (703) 696–4062, or via Email eligible individuals with an ACTION: Notice. authorization card (identification card) at Gulfsyn@osd,pentagon.mil. for benefits and privileges administered SUPPLEMENTARY INFORMATION: The SUMMARY: The Department of the Navy by the Uniformed Services, and to hearing is scheduled from 9:00 a.m. hereby gives notice of its intent to grant maintain a centralized database of until no later than 4:00 p.m. EDT. to John Crane Marine USA a revocable, eligible individuals. The information Seating is limited and will be available nonassignable, exclusive license in the may also be used by the Uniformed on a first-come, first-served basis United States to practice these Services, Military Departments, and the beginning at 8:45 a.m. CDT. Government-Owned inventions in the Defense Agencies to issue their non- Dated: May 27, 1999. field of use of shipboard mechanical benefit identification cards. L.M. Bynum, seals, rudder stock seals, fin stabilizer Affected Public: Individuals or Alternate OSD Federal Register Liaison seals, bulkhead seals, bow thruster households. Officer, Department of Defense. seals, and pump seals, as described in: Frequency: On occasion. [FR Doc. 99–14182 Filed 6–3–99; 8:45 am] U.S. Patent Number 5,025,849 entitled Centrifugal Casting of Composites. Respondents’s Obligation: Required to BILLING CODE 1001±10±M DATES: obtain or retain benefits. Anyone wishing to object to the grant of this license must file written OMB Desk Officer: Mr. Edward C. DEPARTMENT OF DEFENSE objections along with supporting Springer. evidence, if any, not later than August Written comments and Department of the Navy 3, 1999. recommendations on the proposed Notice of Availability of Invention for ADDRESSES: Written objections are to be information collection should be sent to Licensing; Government-Owned filed with the Carderock Division, Naval Mr. Springer at the Office of Invention Surface Warfare Center, Code 004, 9500 Management and Budget, Desk Officer MacArthur Blvd., West Bethesda, MD for DoD, Room 10236, New Executive AGENCY: Department of the Navy, DOD. 20817–5700. Office Building, Washington, DC 20503. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: Mr. DOD Clearance Officer: Mr. Robert Dick Bloomquist, Director, Technology Cushing. SUMMARY: The invention listed below is assigned to the United States Transfer, Carderock Division, Naval Written requests for copies of the Government as represented by the Surface Warfare Center, Code 0117, information collection proposal should Secretary of the Navy and is available 9500 MacArthur Blvd., West Bethesda, be sent to Mr. Cushing, WHD/DIOR, for licensing by the Department of the MD 20817–5700, telephone (301) 227– 1215 Jefferson Davis Highway, Suite Navy. 4299. 1204, Arlington, VA 22202–4302. U.S. Patent Application Serial No. 09/ Dated: May 21, 1999. Dated: May 28, 1999. 086,541 entitled ‘‘Onion Routing Ralph W. Corey, Patricia L. Toppings, Network For Securely Moving Data Commander, Judge Advocate General’s Corps, Alternate OSD Federal Register Liaison Through Communication Networks,’’ U.S. Navy, Alternate Federal Register Liaison Officer, Department of Defense. Navy Case No. 78,415. Officer. [FR Doc. 99–14181 Filed 6–3–99; 8:45 am] ADDRESSES: Requests for copies of the [FR Doc. 99–14191 Filed 6–3–99; 8:45 am] BILLING CODE 5001±10±M patent application cited should be BILLING CODE 3810±FF±P

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DEPARTMENT OF EDUCATION available from Patrick J. Sherrill at the of the Chief Information Officer invites address specified above. comments on the submission for OMB Notice of Proposed Information The Department of Education is review as required by the Paperwork Collection Requests especially interested in public comment Reduction Act of 1995. addressing the following issues: (1) is AGENCY: Department of Education. DATES: this collection necessary to the proper Interested persons are invited to SUMMARY: The Acting Leader, functions of the Department; (2) will submit comments on or before July 6, Information Management Group, Office this information be processed and used 1999. of the Chief Information Officer, invites in a timely manner; (3) is the estimate ADDRESSES: Written comments should comments on the proposed information of burden accurate; (4) how might the be addressed to the Office of collection requests as required by the Department enhance the quality, utility, Information and Regulatory Affairs, Paperwork Reduction Act of 1995. and clarity of the information to be Attention: Danny Werfel, Desk Officer, DATES: Interested persons are invited to collected; and (5) how might the Department of Education, Office of submit comments on or before August 3, Department minimize the burden of this Management and Budget, 725 17th 1999. collection on the respondents, including Street, N.W., Room 10235, New ADDRESSES: Written comments and through the use of information Executive Office Building, Washington, requests for copies of the proposed technology. D.C. 20503 or should be electronically information collection requests should Dated: May 28, 1999. mailed to the internet address be addressed to Patrick J. Sherrill, William E. Burrow, [email protected]. Requests Department of Education, 400 Maryland for copies of the proposed information Avenue, S.W., Room 5624, Regional Acting Leader, Information Management Group, Office of the Chief Information Officer. collection requests should be addressed Office Building 3, Washington, D.C. to Patrick J. Sherrill, Department of 20202–4651, or should be electronically Office of Student Financial Assistance Education, 400 Maryland Avenue, S.W., mailed to the internet address Programs Room 5624, Regional Office Building 3, l Pat [email protected], or should be Type of Review: Extension. Washington, D.C. 20202–4651, or faxed to 202–708–9346. Title: Application to Participate in should be electronically mailed to the FOR FURTHER INFORMATION CONTACT: Federal Student Financial Aid internet address [email protected], Patrick J. Sherrill (202) 708–8196. Programs. or should be faxed to 202–708–9346. Individuals who use a Frequency: On occasion. telecommunications device for the deaf FOR FURTHER INFORMATION CONTACT: Reporting and Recordkeeping Hour Patrick J. Sherrill (202) 708–8196. (TDD) may call the Federal Information Burden: Relay Service (FIRS) at 1–800–877–8339 Individuals who use a Responses: 2,915. telecommunications device for the deaf between 8 a.m. and 8 p.m., Eastern time, Burden Hours: 20,245. Monday through Friday. (TDD) may call the Federal Information Abstract: The Higher Education Act Relay Service (FIRS) at 1–800–877–8339 SUPPLEMENTARY INFORMATION: Section (HEA) of 1965, as amended requires between 8 a.m. and 8 p.m., Eastern time, 3506 of the Paperwork Reduction Act of postsecondary institutions to complete Monday through Friday. 1995 (44 U.S.C. Chapter 35) requires and submit this application as a that the Office of Management and condition of eligibility for any of the SUPPLEMENTARY INFORMATION: Section Budget (OMB) provide interested Title IV student financial assistance 3506 of the Paperwork Reduction Act of Federal agencies and the public an early programs and for the other 1995 (44 U.S.C. Chapter 35) requires opportunity to comment on information postsecondary programs authorized by that the Office of Management and collection requests. OMB may amend or the HEA. An institution must submit the Budget (OMB) provide interested waive the requirement for public form (1) initially when it first seeks to Federal agencies and the public an early consultation to the extent that public become eligible for the Title IV opportunity to comment on information participation in the approval process programs; (2) when its program collection requests. OMB may amend or would defeat the purpose of the participation agreement expires waive the requirement for public information collection, violate State or (recertification); (3) when it changes consultation to the extent that public Federal law, or substantially interfere ownership, merges, or changes from a participation in the approval process with any agency’s ability to perform its ‘‘profit’’ to a ‘‘non-profit’’ institution; (4) would defeat the purpose of the statutory obligations. The Acting to be reinstated to participate in the information collection, violate State or Leader, Information Management Title IV programs, (5) to notify the Federal law, or substantially interfere Group, Office of the Chief Information Department when it makes certain with any agency’s ability to perform its Officer, publishes that notice containing changes, e.g. name or address and (5) it statutory obligations. The Acting proposed information collection wishes to have a new program (outside Leader, Information Management requests prior to submission of these its current scope) or new location Group, Office of the Chief Information requests to OMB. Each proposed approved for Title IV purposes. Officer, publishes that notice containing information collection, grouped by proposed information collection [FR Doc. 99–14127 Filed 6–3–99; 8:45 am] office, contains the following: (1) Type requests prior to submission of these of review requested, e.g. new, revision, BILLING CODE 4000±01±P requests to OMB. Each proposed extension, existing or reinstatement; (2) information collection, grouped by Title; (3) Summary of the collection; (4) DEPARTMENT OF EDUCATION office, contains the following: (1) Type Description of the need for, and of review requested, e.g. new, revision, proposed use of, the information; (5) Submission for OMB Review; extension, existing or reinstatement; (2) Respondents and frequency of Comment Request Title; (3) Summary of the collection; (4) collection; and (6) Reporting and/or Description of the need for, and Recordkeeping burden. OMB invites AGENCY: Department of Education. proposed use of, the information; (5) public comment at the address specified SUMMARY: The Acting Leader, Respondents and frequency of above. Copies of the requests are Information Management Group, Office collection; and (6) Reporting and/or

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Recordkeeping burden. OMB invites QRIS are required to inform for current accordance with the requirements of the public comment at the address specified policy issues for which there are no Commission’s Rules of Practice and above. Copies of the requests are other timely and/or appropriate data Procedure (18 CFR 385.214 or 385.211) available from Patrick J. Sherrill at the available. In recent years surveys have and the regulations under the Natural address specified above. been conducted on topics as diverse as Gas Act (18 CFR 157.10). All protests Dated: May 28, 1999. distance education in postsecondary filed with the Commission will be William E. Burrow, education, services for students with considered by it in determining the disabilities in postsecondary education, appropriate actions to be taken but will Acting Leader, Information Management Group, Office of the Chief Information Officer. advanced telecommunications in the not serve to make the protestants parties elementary and secondary schools, to the proceeding. Any person wishing Office of Educational Research and summer programs for migrant students, to become a party to the proceeding or Improvement and teacher quality. to participate as a party in any hearing Type of Review: Revision. [FR Doc. 99–14126 Filed 6–3–99; 8:45 am] therein must file a petition to intervene in accordance with the Commission’s Title: Integrated Postsecondary BILLING CODE 4000±01±P Education Data System (IPEDS), Rules. including Web-Based Collection on Take further notice that, pursuant to the authority contained in and subject to Pricing of Postsecondary Education. DEPARTMENT OF ENERGY Frequency: On occasion. the jurisdiction conferred upon the Affected Public: Business or other for- Federal Energy Regulatory Federal Energy Regulatory Commission profit; Not-for-profit institutions. Commission by Sections 7 and 15 of the Natural Gas Reporting and Recordkeeping Hour Act and the Commission’s Rules of [Docket No. CP99±536±000] Burden: Practice and Procedure, a hearing will Responses: 10,000. be held without further notice before the Jupiter Energy Corporation; Notice of Commission on this application if no Burden Hours: 277,809. Application for Blanket Certificate Abstract: IPEDS is a system of surveys petition to intervene is filed within the designed to collect basic data from May 28, 1999. time required herein, and if the approximately 10,000 postsecondary Take notice that on may 26, 1999, Commission on its own review of the institutions in the United States. The Jupiter Energy Corporation (Jupiter), matter finds that the abandonment is IPEDS provides information on numbers 14141 Southwest Freeway, Sugarland, required by the public convenience and of students enrolled, degrees completed, Texas 77478, filed in Docket No. CP99– necessity. If a petition for leave to other awards earned, dollars expended, 536–000 an application pursuant to intervene is timely filed, or if the and staff employed at postsecondary Section 7(c) of the Natural Gas Act Commission on its motion believes that institutions. The amendments to the (NGA) requesting a blanket certificate of a formal hearing is required, further Higher Education Act of 1998, Part C, public convenience and necessity and notice of such hearing will be duly Sec. 131, require the National Center for permission and approval to abandon, given. Under the procedure herein provide Education Statistics to provide cost and authorizing Jupiter to engage in any of for, unless otherwise advised, it will be pricing information from postsecondary the activities specified in Subpart F of unnecessary for Jupiter to appear or be institutions. As a consequence in 1999 Part 157 of the Commission’s represented at the hearing. the IPEDS is proposing piloting a web- Regulations, as may be amended from based data collection for this time to time, all as more fully set forth Linwood A. Watson, Jr., information in addition to the paper in the application which is on file with Acting Secretary. forms previously cleared. the Commission and open to public [FR Doc. 99–14171 Filed 6–3–99; 8:45 am] inspection. This filing may be viewed BILLING CODE 6717±01±M Office of Educational Research and on the web at http://www.ferc.fed.us/ Improvement online/htm (call 202–208–2222 for Type of Review: Revision. assistance). DEPARTMENT OF ENERGY Title: NCES Quick Response It is stated that Jupiter is an interstate Information System. pipeline as determined by the Federal Energy Regulatory Frequency: On occasion. Commission in name Docket 35 FPC Commission Affected Public: Individuals or 1091 (1962). Jupiter states that it is [Docket Nos. ER99±2322±000, ER99±2341± households; Business or other for-profit; engaged in the business of transporting 000, ER99±2337±000, ER99±2311±000, Not-for-profit institutions; State, local or natural gas form federal waters offshore ER99±2324±000, ER99±2330±000, ER99± Tribal Gov’t, SEAs or LEAs. Louisiana, Vermillion Block No. 39, 2342±000, ER99±2354±000, ER99±2369±000, Reporting and Recordkeeping Hour approximately 11 miles to an ER99±2387±000, ER99±2506±000, (Not consolidated)] Burden: interconnection with facilities owned by Responses: 10,161. Tennessee Gas Pipeline Company. MEP Investments, L.L.C. et al.; Notice Burden Hours: 7,621. Jupiter asserts that it has a of Issuance of Order Abstract: The Quick Response transportation tariff on file with the Information System (QRIS) is comprised Commission and that it has no May 28, 1999. of two types of surveys, one oriented outstanding blanket certificate nor a MEP Investments, L.L.C., Hardee towards elementary and secondary budget-type certificate. Power Partners Limited, FPL Energy school and library issues, the Fast Any person desiring to be heard or to Services, Inc., Carolina Power & Light Response Surveys (FRSS) and the make any protest with reference to said Company, Monroe Power Company, second intended to address issues in application should on or before June 18, FirstEnergy, Corp., Tampa Electric postsecondary education, the 1999, file with the Federal Energy Company, Florida Keys Electric Postsecondary Education Quick Regulatory Commission, 888 First Cooperative Association, Inc., Alliance Information System Surveys (PEQIS). Street, N.E., Washington, D.C. 20426, a for Cooperative Energy Services Power All the surveys conducted under the petition to intervene or a protest in Marketing LLC, KeySpan-Ravenwood,

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Inc., and Deseret Generation & Reference Branch, 888 First Street, NE, transportation contracts under Rate Transmission Cooperative (hereafter, Washington, DC 20426. Schedule FTS of Natural’s FERC Gas ‘‘the Applicants’’) filed with the Linwood A. Watson, Jr., Tariff with primary points on the Commission rate schedules in the Acting Secretary. facilities to be abandoned, and that above-captioned proceedings, [FR Doc. 99–14118 Filed 6–3–99; 8:45 am] neither shipper has expressed any respectively, under which the BILLING CODE 6717±01±M opposition to the proposed transfer. Applicants will engage in wholesale Natural further states that shippers with electric power and energy transactions interruptible transportation agreements at market-based rates, and for certain DEPARTMENT OF ENERGY under Natural’s Rate Schedule ITS of its waivers and authorizations. In FERC Gas Tariff are entitled to use all particular, certain of the Applicants may Federal Energy Regulatory points in Natural’s Electronic Catalog of also have requested in their respective Commission applications that the Commission grant Receipt and Delivery Points (Catalog of [Docket No. CP99±535±000] blanket approval under 18 CFR Part 34 Points). Upon transfer of the facilities at issue here, Natural states that it would of all future issuances of securities and Natural Gas Pipeline Company of simply delete the existing receipt points assumptions of liabilities by the America; Notice of Application Applicants. On May 27, 1999, the from its Catalog of Points and add the Commission issued an order that May 28, 1999. new point of interconnection between accepted the rate schedules for sales of Take notice that on May 25, 1999, MidCon Texas’ newly acquired facilities capacity and energy at market-based Natural Gas Pipeline Company of and Natural’s mainline system. rates (Order), in the above-docketed America (Natural), 747 East 22nd Street, Any person desiring to be heard or to proceedings. Lombard, Illinois 60148 filed an make any protest with reference to said The Commission’s May 27, 1999 application with the Commission in application should on or before June 18, Order granted, for those Applicants that Docket No. CP99–535–000 pursuant to 1999, file with the Federal Energy sought such approval, their request for Section 7(b) of the Natural Gas Act Regulatory Commission, Washington, blanket approval under Part 34, subject (NGA) for permission and approval to to the conditions found in Appendix B abandon by sale to MidCon Texas D.C. 20426, a motion to intervene or a in Ordering Paragraphs (2), (3), and (5): Pipeline Operator, Inc. (MidCon Texas), protest in accordance with the (2) Within 30 days of the date of this an affiliated intrastate pipeline, various requirements of the Commission’s Rules order, any person desiring to be heard laterals, meters, and tap facilities of Practice and Procedure (18 CFR or to protest the Commission’s blanket located in Brazoria, Galveston, 385.214 or 385.211) and the Regulations approval of issuances of securities or Matagorda, and Wharton Counties, under the NGA (18 CFR 157.10). All assumptions of liabilities by the Texas, and authorized in various protests filed with the Commission will Applicants should file a motion to dockets, all as more fully set forth in the be considered by it in determining the intervene or protest with the Federal application which is open to the public appropriate action to be taken but will Energy Regulatory Commission, 888 for inspection. This filing may be not serve to make the protestants parties First Street, NE, Washington, DC 20426, viewed on the web at to the proceeding. Any person wishing in accordance with Rules 211 and 214 http:www.ferc.fed.us/ online/rims.htm to become a party to a proceeding or to of the Commission’s Rules of Practice (call 202–208–2222 for assistance). participate as a party in any hearing and Procedure, 18 CFR 385.211 and Cumulatively, Natural proposes to therein must file a motion to intervene 385.214. abandon a total of approximately 147 in accordance with the Commission’s (3) Absent a request to be heard miles of pipeline laterals (South Texas Rules. within the period set forth in Ordering Laterals) and appurtenant tap and Paragraph (2) above, if the Applicants measurement facilities. The primary Take further notice that, pursuant to have requested such authorization, the facilities are the 12-inch diameter the authority contained in and subject to Applicants are hereby authorized to Chocolate Bayou and the 24-inch Old the jurisdiction conferred upon the issue securities and assume obligations Ocean laterals. Natural states that it Federal Energy Regulatory Commission and liabilities as guarantor, indorser, proposes to transfer these facilities to by Sections 7 and 15 of the NGA and the surety or otherwise in respect of any MidCon Texas for their cumulative net Commission’s Rules of Practice and security of another person; provided book value as of the closing date Procedure, a hearing will be held that such issue or assumption is for specified in its assets sale agreement without further notice before the some lawful object within the corporate with MidCon Texas. Commission or its designee on this purposes of the Applicants, compatible Natural states that these facilities application if no motion to intervene is with the public interest, and reasonably were originally constructed as a means filed within the time required herein, if necessary or appropriate for such of receiving gas purchased from various the Commission on its own review of purposes. producers for Natural’s system supply to the matter finds that permission and (5) The Commission reserves the right support Natural’s merchant function. approval for the proposed abandonment to modify this order to require a further Natural’s merchant function terminated are required by the public convenience effective December 1, 1993. showing that neither public nor private and necessity. If a motion for leave to Consequently, Natural states that it no interests will be adversely affected by intervene is timely filed, or if the continued Commission approval of the longer needs the said facilities to receive Commission on its own motion believes Applicants’ Issuances of securities or its own gas supply and no longer has that a formal hearing is required, further assumptions of liabilities * * *. any gas purchase obligations regarding Notice is hereby given that the these facilities. Moreover, Natural states notice of such hearing will be duly deadline for filing motions to intervene that the transportation value to Natural given. or protests, as set forth above, is June 28, of the above facilities has been greatly Under the procedure herein provided 1999. reduced. for, unless otherwise advised, it will be Copies of the full text of the Order are Natural states that it has contacted the available from the Commission’s Public only two shippers with active firm

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30001 unnecessary for Natural to appear or be DEPARTMENT OF ENERGY Docket No. ER98–4240–000 represented at the hearing. AC Power Corp. Docket No. ER97–2867–000 Linwood A. Watson, Jr., Federal Energy Regulatory Commission ACN Power Inc. Acting Secretary. Docket No. ER98–4685–000 [FR Doc. 99–14175 Filed 6–3–99; 8:45 am] [Docket No. MG99±15±000] Advantage Energy Docket No. ER97–4186–000 BILLING CODE 6717±01±M PG&E Gas Transmission-Northwest; AIE Energy Services, Inc. Notice of Filing Docket No. ER98–3164–000 Alliance Energy Services Partnership DEPARTMENT OF ENERGY May 28, 1999. Docket No. ER99–1945–000 Take notice that PG&E Gas Alliance Power Marketing, Inc. Federal Energy Regulatory Transmission-Northwest (PG&E–NW) Docket No. ER96–1818–000 Commission filed revised standards of conduct on Alliance Strategies April 1, 1999. PG&E–NW states that it Docket No. ER95–1381–000 A’Lones Group, Inc. [Docket Nos. ER99±2326±000 and EL99±68± is incorporating Standard L (to be Docket No. ER97–512–000 000] codified at 18 CFR 161.3(1) which was Alpha Energy Corporation adopted by the Commission in Order Docket No. ER97–4730–000 Pacific Gas and Electric Company; No. 599.1 Alternate Power Source Inc. Notice of Initiation of Proceeding and Any person desiring to be heard or to Docket No. ER96–1145–000 Refund Effective Date protest the filing should file a motion to Amerada Hess Corporation intervene or protest with the Federal Docket No. ER97–2153–000 May 28, 1999. Energy Regulatory Commission, 888 American Energy Trading, Inc. Docket No. ER97–360–000 Take notice that on May 27, 1999, the First Street, N.E., Washington, D.C., American Home Energy Corp. Commission issued an order in the 20426, in accordance with Rules 211 or Docket No. ER98–1903–000 above-indicated dockets initiating a 214 of the Commission’s Rules of American Power Exchange, Inc. proceeding in Docket No. EL99–68–000 Practice and Procedure (18 CFR 385.211 Docket No. ER94–1578–000 under section 206 of the Federal Power or 385.214). All such motions to American Power Reserve Marketing Act. intervene or protest should be filed on Company or before June 14, 1999. Protests will be Docket No. ER97–1428–000 The refund effective date in Docket considered by the Commission in American Premier Energy Corp. No. EL99–68–000 will be 60 days after determining the appropriate action to be Docket No. ER98–3451–000 publication of this notice in the Federal Amoco Energy Trading Corporation taken but will not serve to make Register. Docket No. ER95–1359–000 protestants parties to the proceedings. AMVEST Coal Sales, Inc. Linwood A. Watson, Jr., Any person wishing to become a party Docket No. ER97–464–000 Acting Secretary. must file a motion to intervene. Copies AMVEST Power, Inc. [FR Doc. 99–14119 Filed 6–3–99; 8:45 am] of this filing are on file with the Docket No. ER97–2045–000 BILLING CODE 6717±01±M Commission and are available for public Apra Energy Group Inc. inspection. This filing may be viewed Docket No. ER97–1643–000 on the web at http://www.ferc.fed.us/ Anker Power Services, Inc. DEPARTMENT OF ENERGY online/rims.htm (call 202–208–2222 for Docket No. ER97–3788–000 Applied Resources Integrated Services, Inc. assistance). Docket No. ER97–2604–000 Federal Energy Regulatory Linwood A. Watson, Jr., Ashton Energy Corporation Commission Acting Secretary. Docket No. ER94–1246–000 [FR Doc. 99–14174 Filed 6–3–99; 8:45 am] Astra Power, LLC Docket No. ER98–3378–000 [Project No. 2659±011] BILLING CODE 6717±01±M Atlanta Gas Light Services, Inc. PacifiCorp; Notice of Site Visit Docket No. ER97–542–000 DEPARTMENT OF ENERGY Atlantic Energy Technologies, Inc. May 28, 1999. Docket No. ER97–2132–000 Federal Energy Regulatory Audit Pro Incorporated Take notice that Commission staff Docket No. ER95–878–000 will visit the site of the Powerdale Commission Aurora Power Resources, Inc. Hydroelectric Project (FERC Project No. [Docket Nos. ER16±2573±001, et al.] Docket No. ER98–573–000 2659) located on the Hood River in the Black Brook Energy Company town of Hood River, Oregon from 9:00 Southern Company Services, Inc.; et Docket No. ER97–1676–000 a.m. to 1:00 p.m. on Thursday, June 17, al. Bollinger Energy Corp. Docket No. ER98–1821–000 1999, to view the project area and Before Commissioners: James J. Hoecker, Bonneville Fuels Management Corp. facilities. All interested individuals, Chairman; Vicky A. Bailey, William L. Docket No. ER96–659–000 organizations, and agencies are invited Massey, Linda Breathitt, and Curt He´bert, Jr. Boyd Rosene and Associates, Inc. to accompany Commission staff on this Southern Company Services, Inc. site visit. Participants will meet at the Docket Nos. ER96–2573–001] market-based rates on the Commission’s Internet parking lot near the project powerhouse. site (www.ferc.fed.us/electric/PwrMkt/ Independent Power Marketers 1 pwrmkt.htm). The list of companies in the caption, For further information contact Bob Abacus Group Ltd. and the breakdown of the companies by category Easton at (202) 219–2782. (‘‘Independent Power Marketers,’’ ‘‘Affiliated Power Marketers,’’ etc.) in the caption, are based on this Linwood A. Watson, Jr., 1 Order No. 599, Reporting Interstate Natural Gas list. The breakdown of the companies by category Acting Secretary. Pipeline Marketing Affiliates on the Internet, 84 in the caption is solely for the convenience of the FERC ¶61, 108 (1998). reader, and the category titles are not intended to [FR Doc. 99–14172 Filed 6–3–99; 8:45 am] 1 The Commission’s Office of Electric Power be substantive determination of the appropriate BILLING CODE 6717±01±M Regulation maintains a list of companies with categorization of the companies. Also see infra n.3.

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Docket No. ER95–1572–000 Docket No. ER96–1410–000 Docket No. ER96–1781–000 Brennan Power Inc. Coral Power, L.L.C. Energy2, Inc. Docket No. ER97–1630–000 Docket No. ER96–25–000 Docket No. ER96–3086–000 Btu Power Corporation CPS Capital, Ltd. Enerserve, L.C. Docket No. ER96–1283–000 Docket No. ER96–1798–000 Docket No. ER96–182–000 Burlington Resources Trading, Inc. Cumberland Power, Inc. EnerZ Corporation Docket No. ER96–3112–000 Docket No. ER96–2624–000 Docket No. ER96–3064–000 Business Discount Plan, Inc. Current Energy, Inc. Engage Energy US, L.P. Docket No. ER99–581–000 Docket No. ER98–102–000 Docket No. ER97–654–000 California Polar Power Brokers, LLC CXY Energy Marketing (USA) Inc. Englehard Power Marketing, Inc. Docket No. ER98–701–000 Docket No. ER99–1858–000 Docket No. ER94–1690–000 California Power Services DC Tie, Inc. Engineered Energy Systems Corp. Docket No. ER97–3525–000 Docket No. ER91–435–000 Docket No. ER96–1731–000 Calpine Power Services Company Direct Access Management, LP Enjet, Inc. Docket No. ER94–1545–000 Docket No. ER96–924–000 Docket No. ER99–2061–000 C.C. Pace Energy Services Direct Electric Inc. ENMAR Corp. Docket No. ER94–1181–000 Docket No. ER94–1161–000 Docket No. ER99–254–000 CHI Power Marketing, Inc. Dynergy Power Services, Inc. Enpower, Inc. Docket No. ER96–2640–000 Docket No. ER94–1612–000 Docket No. ER95–1752–000 Chicago Electric Trading, L.L.C Eagle Gas Marketing Company Environmental Resources Trust, Inc. Docket No. ER90–225–000 Docket No. ER96–1503–000 Docket No. ER98–3233–000 Cielo Power Market, L.P. Eastern Pacific Energy Equinox Energy, L.L.C. Docket No. ER99–964–000 Docket No. ER98–1829–000 Docket No. ER98–1486–000 Citizens Power Sales Eclipse Energy, Inc. Equitable Energy, LLC Docket No. ER94–1685–000 Docket No. ER94–1099–000 Docket No. ER98–2367–000 Citizens Power & Light Corporation Econnergy Energy Co., Inc. Equitable Power Services Company Docket No. ER89–401–000 Docket No. ER98–2553–000 Docket No. ER94–1539–000 CL Power Sales (1–5), L.L.C ECONnergy PA, Inc. ERI Services, Inc. Docket No. ER95–892–000 Docket No. ER99–1837–000 Docket No. ER97–2638–000 CL Power Sales (6–10), L.L.C El Paso Power Services Company Exact Power Co., Inc. Docket No. ER96–2652–000 Docket No. ER95–428–000 Docket No. ER97–382–000 CL Power Sales 11, L.L.C Electech, Inc. Excel Energy Services, Inc. Docket No. ER99–894–000 Docket No. ER95–1399–000 Docket No. ER94–1488–000 CL Power Sales 12, L.L.C Electrade Corporation Family Fiber Connection Docket No. ER99–893–000 CL Power Sales 13, L.L.C Docket No. ER94–1478–000 Docket No. ER96–1631–000 Docket No. ER99–892–000 Electric Clearinghouse, Inc. Federal Energy Sales CL Power Sales 14, L.L.C Docket No. ER94–968–000 Docket No. ER96–918–000 Docket No. ER99–891–000 Electric Lite, Inc. Fina Energy Services Company CL Power Sales 15, L.L.C Docket No. ER97–4427–000 Docket No. ER97–2413–000 Docket No. ER99–890–000 Electrical Associates Power Marketing Inc. First Choice Energy Clean Air Capital Markets Corporation Docket No. ER97–4173–000 Docket No. ER98–2181–000 Docket No. ER97–4434–000 Electrion, Incorporated First Power, L.L.C. CNB/Olympic GAs Services Docket No. ER98–3171–000 Docket No. ER97–3580–000 Docket No. ER95–964–000 EMC Gas Transmission Company Fortistar Power Marketing, LLC CNG Power Services Corporation Docket No. ER96–2320–000 Docket No. ER98–3393–000 Docket No. ER94–1554–000 EnerConnect, Inc. Friendly Power Company LLC CNG Retail Services Corporation Docket No. ER96–1424–000 Docket No. ER97–3815–000 Docket No. ER97–1845–000 Energy Clearinghouse Corp. The Furst Group, Inc. Coastal Electric Services Company Docket No. ER98–2020–000 Docket No. ER98–2423–000 Docket No. ER94–1450–000 Energy Dynamics, Inc. Gateway Energy, Inc. CoEnergy Trading Company Docket No. ER97–3089–000 Docket No. ER95–1049–000 Docket No. ER96–1040–000 Energy International Power Marketing Corp. Gateway Energy Marketing Cogentrix Energy Power Marketing, Inc. Docket No. ER98–2059–000 Docket No. ER96–795–000 Docket No. ER95–1739–000 Energy Marketing Services, Inc. GDK Corporation Colonial Energy, Inc. Docket No. ER96–734–000 Docket No. ER96–1735–000 Docket No. ER97–1968–000 Energy PM, Inc. GED Gas Services, L.L.C. Columbia Energy Power Marketing Corp. Docket No. ER98–2918–000 Docket No. ER95–1583–000 Docket No. ER97–3667–000 Energy Resource Management Corp. Gelber Group, Inc. Commodore Gas & Electric, Inc. Docket No. ER96–358–000 Docket No. ER96–1933–000 Docket No. ER99–1890–000 Energy Resource Marketing, Inc. Global Energy and Technology, Inc. Commonwealth Energy Corporation Docket No. ER94–1580–000 Docket No. ER97–3416–000 Docket No. ER97–4253–000 Energy Sales Network, Inc. Global Energy Service, L.L.C. Community Electric Power Corporation Docket No. ER98–753–000 Docket No. ER97–1177–000 Docket No. ER97–2792–000 Energy Services, Inc. Global Petroleum Corporation Competisys LLC Docket No. ER95–1021–000 Docket No. ER96–359–000 Docket No. ER98–1790–000 Energy Transfer Group, L.L.C. Golden Valley Power Company Competitive Utility Services Corp. Docket No. ER96–280–000 Docket No. ER98–4334–000 Docket No. ER97–1932–000 Energy Unlimited, Inc. Granger Energy, L.L.C. ConAgra Energy Services, Inc. Docket No. ER98–1622–000 Docket No. ER97–4240–000 Docket No. ER95–1751–000 Energy 2000 Great Western Power Cooperatives Company Conoco Power Marketing Inc. Docket No. ER97–2771–000 Docket No. ER98–1722–000 Docket No. ER95–1441–000 EnergyChoice, L.L.C. The Green Power Connection Conti Metals, Inc. Docket No. ER96–827–000 Docket No. ER97–3888–000 Docket No. ER96–2083–000 EnergyOnline, Inc. Growth Unlimited Investments, Inc. Cook Inlet Energy Supply Limited Docket No. ER96–138–000 Docket No. ER96–1774–000 Partnership EnergyTek, Inc. Gulfstream Energy, LLC

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Docket No. ER94–1597–000 Docket No. ER96–1406–000 Docket No. ER98–3048–000 Hafslund Energy Trading, L.L.C. LS Power Marketing, LLC Northeast Energy Services, Inc. Docket No. ER98–2535–000 Docket No. ER96–1947–000 Docket No. ER97–4347–000 Hartford Power Sales, L.L.C. MAC Power Marketing, L.L.C. Northrop Grumman Corporation Docket No. ER95–393–000 Docket No. ER98–575–000 Docket No. ER96–2957–000 High Island Marketing, Inc. The Mack Services Group Northwest Natural Gas Company Docket No. ER97–4787–000 Docket No. ER99–1750–000 Docket No. ER97–683–000 Hinson Power Company Manner Technologies, L.L.C. Novarco Ltd. Docket No. ER95–1314–000 Docket No. ER97–135–000 Docket No. ER98–4139–000 Howard Energy Marketing, Inc. MEG Marketing, LLC NP Energy Inc. Docket No. ER95–252–000 Docket No. ER99–2284–000 Docket No. ER97–1315–000 Howell Power Systems, Inc. Merchant Energy of the Americas, Inc. NUI Energy Brokers, Inc. Docket No. ER94–178–000 Docket No. ER98–1055–000 Docket No. ER96–2580–000 Hubbard Power & Light, Inc. Merrill Lynch Capital Services, Inc. NXIS, LLC Docket No. ER96–2583–000 Docket No. ER99–830–000 Docket No. ER97–778–000 ICC Energy Corporation Metro Energy Group, L.L.C. Ocean Energy Services, Inc. Docket No. ER96–1819–000 Docket No. ER99–801–000 Docket No. ER96–588–000 ICPM, Inc. Micah Tech Industries, Inc. Oceanside Energy, Inc. Docket No. ER95–640–000 Docket No. ER98–1221–000 Docket No. ER97–181–000 IGI Resources, Inc. Michigan Gas Exchange, LLC Omni Energy Docket No. ER95–1034–000 Docket No. ER99–1156–000 Docket No. ER98–3344–000 Industrial Gas & Electric Services Co. Mid American Natural Resources, Inc. Oneok Power Marketing Company Docket No. ER95–257–000 Docket No. ER95–1423–000 Docket No. ER98–3897–000 Infinergy Services, LLC Mid-American Resources, Inc. Pacific Energy & Development Corp. Docket No. ER98–3478–000 Docket No. ER95–78–000 Docket No. ER98–1824–000 Infinite Energy, Inc. Mid-Power Service Corporation PanCanadian Energy Services, LP Docket No. ER97–3923–000 Docket No. ER97–4257–000 Docket No. ER90–168–000 Inland Pacific Resources Inc. MIECO Inc. Panda Power Corporation Docket No. ER96–2144–000 Docket No. ER98–51–000 Docket No. ER98–447–000 International Energy Ventures, Inc. Millenium Energy Corporation Panda Guadalupe Power Marketing, LLC Docket No. ER98–4264–000 Docket No. ER98–174–000 Docket No. ER98–3901–000 International Utility Consultants, Inc. Monterey Consulting Associates, Inc. Peak Energy, Inc. Docket No. ER96–594–000 Docket No. ER98–2143–000 Docket No. ER95–379–000 J. Anthony & Associates Ltd Morgan Stanley Capital Group Inc. Pelican Energy Management, Inc. Docket No. ER95–784–000 Docket No. ER94–1384–000 Docket No. ER98–3084–000 J. Aron & Company Multi-Energies USA Inc. Penobscot Bay Energy Co. LLC Docket No. ER95–34–000 Docket No. ER96–203–000 Docket No. ER97–2875–000 J.D. Enterprises Murphy Oil USA People’s Electric Corporation Docket No. ER96–2435–000 Docket No. ER97–610–000 Docket No. ER98–3719–000 J.L. Walker & Associates NAP Trading and Marketing, Inc. People’s Utility Corp. Docket No. ER95–1261–000 Docket No. ER95–1278–000 Docket No. ER98–2232–000 JMF Power Marketing National Fuel Resources, Inc. PG Energy Power Plus Docket No. ER98–3433–000 Docket No. ER95–1374–000 Docket No. ER98–1953–000 JPower Inc. National Power Exchange Corporation Phibro Inc. Docket No. ER95–1421–000 Docket No. ER94–1593–000 Docket No. ER95–430–000 K & K Resources, Inc. National Power Marketing Company, L.L.C. Philadelphia Gas Works Docket No. ER98–3006–000 Docket No. ER96–2942–000 Docket No. ER98–124–000 Kamps Propane, Inc. New Jersey Natural Energy Company Poco Marketing LTD Docket No. ER98–1148–000 Docket No. ER96–2627–000 Docket No. ER97–2198–000 Kaztex Energy Ventures, Inc. New Millenium Energy Corp. Poco Petroleum, Inc. Docket No. ER95–295–000 Docket No. ER97–2681–000 Docket No. ER97–2197–000 Keystone Energy Services, Inc. NFR Power, Inc. Polaris Electric Power Co., Inc. Docket No. ER97–3053–000 Docket No. ER96–1122–000 Docket No. ER98–1421–000 Kibler Energy Ltd. NGTS Energy Services Power Access Management Docket No. ER96–1119–000 Docket No. ER96–2982–000 Docket No. ER97–1084–000 Kimball Power Company Niagara Energy & Steam Co., Inc. Power Clearinghouse Inc. Docket No. ER95–232–000 Docket No. ER97–1414–000 Docket No. ER95–914–000 KinEr-G Power Marketing, Inc. Nicole Energy Services The Power Company of America, L.P. Docket No. ER96–1139–000 Docket No. ER98–2683–000 Docket No. ER95–111–000 KN Services, Inc. NICRO energy Mgmt. Services Company Power Exchange Corporation Docket No. ER95–869–000 Docket No. ER97–1816–000 Docket No. ER95–72–000 Koch Energy Trading, Inc. Nine Energy Services, L.L.C. Power Fuels, Inc. Docket No. ER95–218–000 Docket No. ER98–1915–000 Docket No. ER96–1930–000 Kohler Co. Nordic Electric, LLC Power Providers, Inc. Docket No. ER95–1018–000 Docket No. ER96–127–000 Docket No. ER96–2303–000 K Power Company, Inc. North American Energy Conservation, Inc. Power Systems Group, Inc. Docket No. ER95–792–000 Docket No. ER94–152–000 Docket No. ER97–3187–000 Lakeside Energy Services, LLC North American Energy, Inc. PowerCom Corporation Docket No. ER99–505–000 Docket No. ER98–242–000 Docket No. ER97–4364–000 Lamar Power Partners, L.P. North American Power Brokers, Inc. Powerline Controls, Inc. Docket No. ER99–2097–000 Docket No. ER96–1156–000 Docket No. ER96–1754–000 Lamda Energy Marketing Corp. North Atlantic Utilities, Inc. PowerMark, LLC Docket No. ER94–1672–000 Docket No. ER97–1716–000 Docket No. ER96–332–000 The Legacy Group, Inc. North Star Power Marketing, L.L.C. PowerNet Corporation Docket No. ER99–1719–000 Docket No. ER98–622–000 Docket No. ER94–931–000 Lisco, Inc. Northeast Electricity Inc. PowerSource Corp.

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Docket No. ER98–3052–000 Docket No. ER97–2529–000 Docket No. ER97–3306–000 PowerTec International, L.L.C. Sparc, LLC UtiliSys Corporation Docket No. ER96–1–000 Docket No. ER98–2671–000 Docket No. ER97–2426–000 Prairie Winds Energy, Inc. Stalwart Power Company Utility Management and Consulting, Inc. Docket No. ER95–1234–000 Docket No. ER95–1334–000 Docket No. ER96–525–000 Preferred Energy Services, Inc. Stand Energy Corporation Utility Management Corp. Docket No. ER96–2141–000 Docket No. ER95–362–000 Docket No. ER96–1144–000 Premier Enterprises, LLC. Starghill Energy Corp. The Utility-Trade Corp. Docket No. ER95–1123–000 Docket No. ER97–4680–000 Docket No. ER95–1382–000 Progas Power, Inc. Statoil Energy Services, Inc. Vanpower, Inc. Docket No. ER95–968–000 Docket No. ER97–4381–000 Docket No. ER96–552–000 ProLiance Energy, LLC. Statoil Energy Trading, Inc. Vitol Gas and Electric, L.L.C. Docket No. ER97–420–000 Docket No. ER94–964–000 Docket No. ER94–155–000 Proven Alternatives Inc. Strategic Power Management, Inc. VTEC Energy, Inc. Docket No. ER95–473–000 Docket No. ER96–2591–000 Docket No. ER95–1855–000 PS Energy Group, Inc. StratErgy, Inc. Wasatch Energy Corporation. Docket No. ER99–1876–000 Docket No. ER99–1410–000 Docket No. ER97–1248–000 P&T Power Company Sunoco Power Marketing, L.L.C. Washington Gas Energy Services, Inc. Docket No. ER97–18–000 Docket No. ER97–870–000 Docket No. ER96–2830–000 Quantum Energy Resources, Inc. Superior Electric Power Corporation Watt Works Docket No. ER96–947–000 Docket No. ER95–1747–000 Docket No. ER97–2592–000 Quark Power, L.L.C. SuperSystems, Inc. Westcoast Power Marketing, Inc. Docket No. ER97–2374–000 Docket No. ER96–906–000 Docket No. ER95–378–000 Questar Energy Trading Company Symmetry Device Research, Inc. Western Energy Marketers, Inc. Docket No. ER96–404–000 Docket No. ER96–2524–000 Docket No. ER98–537–000 Rainbow Energy Marketing Corporation TC Power Solutions Western Power Providers, Inc. Docket No. ER94–1061–000 Docket No. ER97–1117–000 Docket No. ER95–1459–000 Rainbow Power USA LLC Tenaska Power Services Co. Wickford Energy Marketing, L.C. Docket No. ER98–2012–000 Docket No. ER94–389–000 Docket No. ER95–1415–000 Reliable Energy, Inc. Tennessee Power Co. Wicor Energy Services, Inc. Docket No. ER98–3261–000 Docket No. ER95–581–000 Docket No. ER96–34–000 Resource Energy Services Company TerraWatt, Inc. Williams Energy Marketing & Trading Co. Docket No. ER97–828–000 Docket No. ER97–2679–000 Docket No. ER99–1722–000 Revelation Energy Resources Corp. Texaco Natural Gas, Inc. Wilson Power & Gas Smart, Inc. Docket No. ER97–765–000 Docket No. ER95–1787–000 Docket No. ER95–751–000 River City Energy, Inc. Texas-Ohio Power Marketing, Inc. Woodruff Energy Docket No. ER99–823–000 Docket No. ER94–1676–000 Docket No. ER97–3526–000 Rocky Mountain Natural Gas & Electric LLC Texican Energy Ventures, Inc. Working Assets Green Power, Inc. Docket No. ER98–3108–000 Docket No. ER94–1362–000 Docket No. ER96–2914–000 Ruffin Energy Services, Inc. TexPar Energy, Inc. XERXE Group Docket No. ER95–1047–000 Docket No. ER95–62–000 Docket No. ER98–1834–000 Russell Energy Sales Company Thicksten Grimm Burgum, Inc. Yankee Energy Marketing Company Docket No. ER96–2882–000 Docket No. ER96–2241–000 Docket No. ER96–146–000 Salem Electric, Inc. Torco Energy Marketing, Inc. Zapco Power Marketers, Inc. Docket No. ER98–2175–000 Docket No. ER92–429–000 Docket No. ER98–689–000 Salko Energy Services, Inc. Tosco Power, Inc. 3E Technologies, Inc. Docket No. ER99–1052–000 Docket No. ER96–2635–000 Docket No. ER98–3809–000 Sandia Energy Resources Company Total Gas & Electric, Inc. Docket No. ER96–2538–000 Docket No. ER97–4202–000 Affiliated Power Marketers SDS Petroleum Products, Inc. Total Gas & Electricity (PA), Inc. AEP Power Marketing, Inc Docket No. ER96–1724–000 Docket No. ER99–2182–000 Docket No. ER96–2495–000 SE Holdings, L.L.C. Tractebel Energy Marketing, Inc. AES Power, Inc. Docket No. ER96–3107–000 Docket No. ER94–142–000 Docket No. ER94–890–000 Seagull Power Services, Inc. TransCanada Energy Ltd. AllEnergy Marketing Company Docket No. ER96–342–000 Docket No. ER95–692–000 Docket No. ER98–6–000 SEMCOR, Inc. TransCanada Power Marketing, Ltd. Alliant Energy Industrial Services, Inc. Docket No. ER96–1516–000 Docket No. ER98–564–000 Docket No. ER99–1775–000 Shamrock Trading LLC TransCurrent, L.L.C. Alpena Power Marketing, L.L.C. Docket No. ER98–3526–000 Docket No. ER98–1297–000 Docket No. ER97–4745–000 Shell Energy Services Company, LLC Tri-Valley Corporation. Aquila Energy Marketing Corp. Docket No. ER99–2109–000 Docket No. ER97–3428–000 Docket No. ER99–1751–000 Sigma Energy, Inc. Trident Energy Marketing, Inc. Avista Energy, Inc. Docket No. ER97–4145–000 Docket No. ER99–2069–000 Docket No. ER96–2408–000 Sithe Power Marketing, Inc. Turner Energy, L.L.C. Bangor Energy Resale, Inc. Docket No. ER98–107–000 Docket No. ER97–4108–000 Docket No. ER98–459–000 Sky Gen Energy Marketing L.L.C United American Energy Corp. British Columbia Power Exchange Corp. Docket No. ER99–972–000 Docket No. ER96–3092–000 Docket No. ER97–4024–000 Sonat Power Marketing Inc. United Regional Energy LLC Cargill-Alliant, L.L.C. Docket No. ER95–1050–000 Docket No. ER97–2900–000 Docket No. ER97–4273–000 Sonat Power Marketing L.P. Unocal Corporation Central Hudson Enterprise Corporation Docket No. ER96–2343–000 Docket No. ER97–262–000 Docket No. ER97–2869–000 South Jersey Energy Company US Energy, Inc. CET Marketing L.P. Docket No. ER97–1397–000 Docket No. ER96–2879–000 Docket No. ER98–4412–000 SouthEastern Energy Resources, Inc. U.S. Power & Light, Inc. CinCap IV, LLC Docket No. ER95–385–000 Docket No. ER96–105–000 Docket No. ER98–421–000 SouthWestern Power Marketers, Inc. UTIL. Power Marketing, Inc. CinCap V, LLC

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Docket No. ER98–4055–000 Docket No. ER97–4168–000 Docket No. ER97–3056–000 Cinergy Capital & Trading, Inc. Horizon Energy Company Reliant Energy Services, Inc. Docket No. ER93–730–000 Docket No. ER98–380–000 Docket No. ER99–1801–000 CLECO Energy, L.L.C. H.Q. Energy Services (U.S.) Inc. SCANNA Energy Marketing, Inc. Docket No. ER98–1170–000 Docket No. ER97–851–000 Docket No. ER96–1086–000 Clinton Energy Management Services, Inc. Illinova Energy Partners, Inc. Select Energy, Inc. Docket No. ER98–3934–000 Docket No. ER94–1475–000 Docket No. ER99–14–000 CMS Marketing, Services and Trading Co. Industrial Energy Applications, Inc. Sempra Energy Trading Corp. Docket No. ER96–2350–000 Docket No. ER95–1465–000 Docket No. ER94–1691–000 COM/Energy Marketing, Inc. Inventory Management & Distribution Co., SIGCORP Energy Services, L.L.C. Docket No. ER98–449–000 Inc. Docket No. ER99–2181–000 Connectiv Energy Supply, Inc. Docket No. ER97–4116–000 Southern Company Energy Marketing L.P. Docket No. ER98–2045–000 InterCoast Power Marketing Company Docket No. ER97–4166–000 Consolidated Edison Energy, Inc. Docket No. ER94–6–000 Southern Energy California Docket No. ER98–2491–000 LG&E Energy Marketing Inc. Docket No. ER99–1841–000 Consolidated Edison Solutions, Inc. Docket No. ER94–1188–000 Southern Energy New England, LLC Docket No. ER97–705–000 Mid-American Power LLC Docket No. ER98–4118–000 Constellation Energy Source, Inc. Docket No. ER96–1858–000 Southern Energy Retail Trading & Marketing, Docket No. ER99–198–000 Montana Power Trading & Marketing Inc. Constellation Power Sources, Inc. Company Docket No. ER98–1149–000 Docket No. ER97–2261–000 Docket No. ER97–399–000 Southern Energy Trading & Marketing, Inc. CSW Energy Services, Inc. NESI Power Marketing, Inc. Docket No. ER95–976–000 Docket No. ER98–2075–000 Docket No. ER97–841–000 Spokane Energy, LLC CU Power Canada Ltd. NEV East, L.L.C. Docket No. ER98–4336–000 Docket No. ER98–4582–000 Docket No. ER97–4652–000 TECO EnergySource, Inc. DePere Energy Marketing, Inc. NEV California, L.L.C. Docket No. ER96–1563–000 Docket No. ER97–1432–000 Docket No. ER97–4653–000 TransAlta Energy Marketing Corp. DPL Energy, Inc. NEV Midwest, L.L.C. Docket No. ER96–1316–000 Docket No. ER96–2601–000 Docket No. ER97–4654–000 TransAlta Energy Marketing (US) Inc. DTE CoEnergy, L.L.C. New Energy Partners, LLC Docket No. ER98–3184–000 Docket No. ER97–3835–000 Docket No. ER99–1812–000 UGI Power Supply, Inc. DTE Edison America, Inc. New Energy Ventures, Inc. Docket No. ER96–2715–000 Docket No. ER98–3026–000 Docket No. ER97–4636–000 Unicom Power Marketing, Inc. DTE Energy Trading, Inc. Niagara Mohawk Energy Marketing, Inc. Docket No. ER97–3954–000 Union Electric Development Corporation Docket No. ER97–3834–000 Docket No. ER96–2525–000 Docket No. ER97–3663–000 Duke Energy Marketing Corporation Northern/AES Energy LLC Unitil Resources, Inc. Docket No. ER96–109–000 Docket No. ER98–445–000 Docket No. ER97–2462–000 Duke Energy Trading and Marketing, L.L.C. NRG Power Marketing Inc. WPS Energy Services, Inc. and WPA Power Docket No. ER96–2921–000 Docket No. ER97–4281–000 Development, Inc. Duke/Louis Dreyfus, L.L.C. NYSEG Solutions, Inc. Docket No. ER96–1088–000 Docket No. ER96–108–000 Docket No. ER99–220–000 XENERGY DukeSolutions, Inc. OGE Energy Resources, Inc. Docket No. ER97–2517–000 Docket No. ER98–3813–000 Docket No. ER97–4345–000 E prime, Inc. PacifiCorp Power Marketing, Inc. Affiliated Power Producers Docket No. ER99–1610–000 Docket No. ER95–1096–000 AES Alamitos, L.L.C. Edison Mission Marketing & Trading, Inc. PEC Energy Marketing Inc. Docket No. ER98–2185–000 Docket No. ER99–852–000 Docket No. ER97–1431–000 AES Creative Resources, L.P. and AES Edison Source Pepco Services, Inc. Eastern Energy, L.P. Docket No. ER96–2150–000 Docket No. ER98–3096–000 Docket No. ER99–1773–000 Elwood Marketing, L.L.C. PG&E Energy Services, Energy Trading Corp. AES Huntington Beach, L.L.C. Docket No. ER99–1465–000 Docket No. ER95–1614–000 Docket No. ER98–2184–000 Energetix, Inc. PG&E Energy Trading Power, L.P. AES Redondo Beach, L.L.C. Docket No. ER97–3556–000 Docket No. ER95–1625–000 Docket No. ER98–2186–000 Energy Atlantic, LLC PP&L EnergyPlus Company AmerGen Energy Company, L.L.C. Docket No. ER98–4381–000 Docket No. ER98–4608–000 Docket No. ER99–754–000 Energy Masters International, Inc. PPM One LLC Arthur Kill Power, L.L.C. Docket No. ER94–1402–000 Docket No. ER97–3926–000 Docket No. ER99–2161–000 Enova Energy, Inc. PPM Two LLC Astoria Power, L.L.C. Docket No. ER96–2372–000 Docket No. ER97–3927–000 Docket No. ER99–2160–000 Enron Energy Services, Inc. PPM Three LLC AYP Energy, Inc. Docket No. ER98–13–000 Docket No. ER97–3928–000 Docket No. ER99–954–000 Enron Power Marketing, Inc. PPM Four LLC Bridgeport Energy LLC Docket No. ER94–24–000 Docket No. ER97–3929–000 Docket No. ER98–2783–000 Enserch Energy Services, Inc. PPM Five LLC Cabrillo Power I, L.L.C. Docket No. ER98–895–000 Docket No. ER97–3930–000 Docket No. ER99–1115–000 Enserco Energy, Inc. PPM Six LLC Cabrillo Power II, L.L.C. Docket No. ER96–2964–000 Docket No. ER97–3931–000 Docket No. ER99–1116–000 Entergy Power Marketing Corporation Primary Power Marketing, LLC Carr Street Generating Station, L.P. Docket No. ER95–1615–000 Docket No. ER98–4333–000 Docket No. ER98–4095–000 First Energy Trading & Power Marketing, Inc. Progress Power Marketing, Inc. CH Resources, Inc. Docket No. ER95–1295–000 Docket No. ER96–1618–000 Docket No. ER99–1001–000 FPL Energy Power Marketing, Inc. PSEG Energy Technologies Inc. CinCac VI, L.L.C. Docket No. ER98–3566–000 Docket No. ER97–2176–000 Docket No. ER99–1727–000 GPU Advanced Resources, Inc. QST Energy Trading Inc. Commonwealth Chesapeake Company, L.L.C. Docket No. ER97–3666–000 Docket No. ER96–553–000 Docket No. ER99–415–000 Griffin Energy Marketing, L.L.C. R. Hadler and Company, Inc. Cordova Energy Company, L.L.C.

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Docket No. ER99–2156–000 Docket No. ER99–1184–000 Docket No. ER98–1033–000 CSW Power Marketing Mobile Energy Services Company, L.L.C. Boralex Stratton Energy Inc. Docket No. ER97–1238–000 Docket No. ER99–1204–000 Docket No. ER98–4652–000 Denver City Energy Associates, L.P. Monmouth Energy, Inc. Brooklyn Navy Yard Cogeneration Partners, Docket No. ER97–4084–000 Docket No. ER99–1293–000 L.P. De Pere Energy, L.L.C. NGE Generation, Inc. Docket No. ER97–886–000 Docket No. ER97–4586–000 Docket No. ER97–2518–000 Cadillac Renewable Energy Duke Energy Morro Bay, L.L.C. PanEnergy Lake Charles Generation, Inc. Docket No. ER98–4515–000 Docket No. ER98–2681–000 Docket No. ER96–1335–000 Canadian Niagara Power Company Duke Energy Moss Landing, L.L.C. PDI Canada, Inc. Docket No. ER99–1875–000 Docket No. ER98–2680–000 Docket No. ER99–1936–000 Choctaw Generation Limited Partnership Duke Energy New Smyrna Beach Power Co. PDI New England, Inc. Docket No. ER98–3774–000 Ltd., LLP Docket No. ER99–1936–000 Cobisa-Person Limited Partnership Docket No. ER98–2624–000 Penobscot Hydro, LLC Docket No. ER98–2498–000 Duke Energy Oakland, L.L.C. Docket No. ER99–1940–000 Cogen America Parlin Inc. Docket No. ER98–2682–000 Pittsfield Generating Company. L.P. Docket No. ER96–1680–000 Duke Energy South Bay, L.L.C. Docket No. ER98–4400–000 Cogen Energy Technologies Docket No. ER99–1785–000 Reliant Energy Coolwater, L.L.C. Docket No. ER98–4423–000 Dunkiek Power, L.L.C. Docket No. ER99–2082–000 Commonwealth Atlantic Limited Partnership Docket No. ER99–2168–000 Reliant Energy Mandalay, L.L.C. Docket No. ER90–24–000 El Dorado Energy, LLC Docket No. ER99–2080–000 Consolidated Water Power Company Docket No. ER98–4109–000 Reliant Energy Ellwood, L.L.C. Docket No. ER98–4512–000 El Segundo Power, L.L.C. Docket No. ER99–2081–000 Dartmouth Power Associates L.P. Docket No. ER98–1127–000 Reliant Energy Etiwanda, L.L.C. Docket No. ER96–149–000 Elwood Energy, L.L.C. Docket No. ER99–2083–000 Dighton Power Associates L.P. Docket No. ER99–1695–000 Reliant Energy Ormond Beach, L.L.C. Docket No. ER99–616–000 EME Homer City Generation, L.P. Edgar Electric Cooperative Association Docket No. ER99–2079–000 Docket No. ER99–666–000 Docket No. ER98–2305–000 Rockingham Power, L.L.C. Energy East South Glens Falls, LLC GEN–SYS Energy Docket No. ER99–1567–000 Docket No. ER99–1261–000 Docket No. ER97–4335–000 Rocky Road Power L.L.C. Entergy Nucler Generating Company Geysers Power Company Docket No. ER99–1004–000 Docket No. ER99–2157–000 Docket No. ER99–1983–000 ESI Vansycle Partners, L.P. Somerset Power L.L.C. Golden Spread Electric Cooperative Docket No. ER98–2494–000 Docket No. ER99–1712–000 Docket No. ER99–705–000 FPL Energy AVEC LLC Southern Energy Bowline, L.L.C. Great Bay Power Corporation Docket No. ER98–3565–000 Docket No. ER99–2044–000 Docket No. ER96–726–000 FPL Energy Maine Hydro LLC Southern Energy Canal, L.L.C. GS Electric Generating Cooperative, Inc. Docket No. ER98–3511–000 Docket No. ER98–4155–000 Docket No. ER97–3583–000 FPL Energy Mason LLC Southern Energy Delta, L.L.C. Indeck Pepperell Power Associates, Inc. Docket No. ER98–3562–000 Docket No. ER99–1842–000 Docket No. ER96–345–000 FPL Energy Wyman LLC Southern Energy Kendall, L.L.C. Logan Generating Company, L.P. Docket No. ER98–3563–000 Docket No. ER98–4116–000 Docket No. ER95–1007–000 FPL Energy Wyman IV LLC Southern Energy Lovett, L.L.C. Lowell Cogeneration Company L.P. Docket No. ER98–3564–000 Docket No. ER99–2043–000 Docket No. ER97–2414–000 Genesee Power Station, L.P. Southern Energy NY–GEN, L.L.C. LSP Energy Limited Partnership Docket No. ER99–806–000 Docket No. ER99–2045–000 Docket No. ER98–2259–000 Grayling Generation Station, L.P. Southern Energy Potrero, L.L.C. Midwest Energy, Inc. Docket No. ER99–791–000 Docket No. ER99–1833–000 Docket No. ER96–2027–000 Harbor Cogeneration Company Southern Energy Wisconsin, L.L.C. Milford Power L.P. Docket No. ER99–1248–000 Docket No. ER99–669–000 Docket No. ER93–493–000 Hawkeye Power Partners, L.L.C. State Line Energy, Inc. Mountainview Power Company Docket No. ER98–2076–000 Docket No. ER96–2869–000 Docket No. ER98–4301–000 Huntley Power, L.L.C. Storm Lake Power Partners I, L.L.C. Northeast Empire Limited Partnership #1 Docket No. ER99–2162–000 Docket No. ER98–4643–000 Docket No. ER98–4183–000 Kincaid Generation LLC Storm Lake Power Partners II, L.L.C. Northeast Empire Limited Partnership #2 Docket No. ER99–1432–000 Docket No. ER97–4222–000 Docket No. ER98–1125–000 Koch Power Louisiana, L.L.C. Storm Lake Power Partners II, L.L.C. Old Dominion Electric Cooperative Docket No. ER99–637–000 Docket No. ER99–1228–000 Docket No. ER97–4314–000 Lake Benton Power Partners, LLC Tenaska Frontier Partners, Ltd. Oxbow Power Marketing, Inc. Docket No. ER97–2904–000 Docket No. ER98–1767–000 Docket No. ER96–1196–000 Lake Benton Power Partners II, LLC USGen New England Pacific Northwest Generating Cooperative Docket No. ER98–4222–000 Docket No. ER98–6–000 Docket No. ER97–504–000 Lake Road Generating Company, L.P. West Georgia Company L.P. PEI Power Corp. Docket No. ER99–1714–000 Docket No. ER99–2186–000 Docket No. ER98–2270–000 Lakewood Cogeneration L.P. West Texas Wind Energy Partners, L.L.C. Power City Partners, L.P. Docket No. ER99–1213–000 Docket No. ER98–1965–000 Docket No. ER98–2782–000 LG&E Capital Corp. Western Kentucky Energy Corp. Riverside Canal Power Company Docket No. ER99–2108–000 Docket No. ER98–1279–000 Docket No. ER98–4302–000 LG&E Westmoreland Renssalaer Wisvest-Connecticut, L.L.C. RockGen Energy, L.L.C. Docket No. ER99–1125–000 Docket No. ER99–967–000 Docket No. ER99–970–000 Long Beach Generation, L.L.C. WKE Station Two, Inc. SCC–L1, L.L.C. Docket No. ER98–1796–000 Docket No. ER98–1278–000 Docket No. ER99–1914–000 Medical Area Total Energy Plant, Inc. SCC–L2, L.L.C. Docket No. ER98–1992–000 Other Utilities With Market-Based Rates Docket No. ER99–1915–000 Millenium Power Partners, LP AG–Energy, L.P. SCC–L3, L.L.C. Docket No. ER98–830–000 Docket No. ER98–2782–000 Docket No. ER99–1942–000 Minnesota Agri-Power, LLC Automated Power Exchange Seneca Power Partners, L.P.

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Docket No. ER98–2782–000 As discussed below, we will deny less in duration) transactions.4 Sithe New England Holdings L.L.C. Southern’s request for rehearing. We Specifically, we stated that all such Docket No. ER98–1943–000 agree with Southern, however, that the traditional public utilities would Southwood 2000, Inc. thereafter be allowed to report short- Docket No. ER98–2603–000 Commission’s goal of ensuring a Sterling Power Partners, L.P. competitive marketplace will be term transactions on a summary, 5 Docket No. ER98–2782–000 furthered by ending the current quarterly basis. Southern in that Sunlaw Cogeneration Partners, L.P. disparity between the reporting proceeding—requested the abbreviated Docket No. ER99–213–000 requirements for long-term contracts filing requirements only with respect to UAE Lowell Power, L.L.C. applicable to traditional public utilities short-term transactions. For long-term Docket No. ER99–1744–000 selling at market-based rates and the transactions, it proposed to file separate Westchester Resco Company, L.P. reporting requirements applicable to service agreements, under umbrella Docket No. ER98–3030–000 agreements already on file, within 30 Williams Generating Company—Hazelton power marketers. Accordingly, we are Docket No. ER97–4587–000 revising the reporting requirements for days after commencement of service. Wolverine Power Supply Cooperative, Inc. long-term contracts applicable to power Southern asserted, and we agreed, that Docket No. ER98–411–000 marketers to be consistent with the short-term transactions should be reporting requirements applicable to treated differently, because they Order Denying Rehearing, Revising frequently are not the subject of separate Reporting Requirements for Power traditional public utilities with market- based rates. Specifically, with respect to written agreements and may be Marketers and Power Producers with negotiated orally and documented only Market-Based Rate Authorization, any long-term transaction agreed to by by log entries.6 Staying Effect of the Revised Reporting a power marketer after 30 days from the date of issuance of a final order in this Now, on rehearing of the September Requirements, and Establishing 25 Order, Southern challenges the filing Procedures proceeding, the power marketer must file a service agreement with the requirements for long-term market- Issued May 27, 1999. Commission within 30 days after service based rate transactions that Southern On October 25, 1996, in Docket No. commences, rather than merely itself proposed in Southern I for EL96–2573–001, Southern Company reporting transactions thereunder in its traditional public utilities. Southern Services, Inc. (Southern) filed a request quarterly transaction summaries. We are now argues that continuing the disparity for rehearing of the Commission’s letter between filing requirements for long- also eliminating the requirement that order issued on September 25, 1996.2 term marked-based rate transactions power marketers file informational Southern requests the Commission to applicable to traditional public utilities reports on their purchases. revise the requirement that traditional and those applicable to power marketers public utilities with market-based rate We will also grant party status to all is inconsistent with the Commission’s authority must file service agreements of the companies listed in the caption, goal of ensuring a level playing field in for long-term (longer than one year in and will entertain late motions to a competitive marketplace. We agree. duration) transactions within 30 days intervene filed by any other interested We do not agree, however, that the after commencement of service. persons, so that they have the appropriate remedy is to relax the Southern asks the Commission to allow opportunity to seek rehearing regarding reporting requirements applicable to such public utilities instead to report all the change in policy announced herein. traditional public utilities for long-term transactions, long-term as well as short- Further, we will delay the effectiveness market-based rate transactions. Rather, term, in quarterly transaction of our new policy until 30 days after the we believe that, as Southern argued in summaries, as power marketers (non- issuance of a final order in this the Southern I proceeding, different traditional public utilities, without proceeding, when we will have acted reporting requirements are appropriate ownership, operation or control of upon any requests for rehearing. In the for short-term and long-term generation or transmission facilities) event no party requests rehearing of this transactions. Therefore, just as power currently are permitted to do.3 order, then this order would be the final marketers and traditional public utilities order in this proceeding. Power currently have the same reporting 2 Southern Company Services, Inc., 76 FERC marketers will not be required to file requirements for short-term transactions ¶ 61,321 (1996) (September 25 Order). The long-term transactions that were agreed September 25 Order denied confidential treatment (i.e., quarterly summaries), we conclude of a rate schedule attached to a service agreement to or consummated prior to the effective that they also should have the same filed by Southern as agent for Georgia Power date of this policy change. reporting requirements for long-term Company. While commenting (at 3) that it transactions (i.e., filing of service ‘‘continue to believe that the Commission should Discussion allow rate schedules to be filed on a confidential agreements within 30 days after basis,’’ Southern does not request rehearing of the In an earlier proceeding involving commencement of service). We discuss September 25 Order’s denial of confidential Southern, we instituted, at Southern’s below our rationale for adopting treatment. behest, the practice of permitting reporting requirements based not on the 3 For purposes of this order, ‘‘traditional public type of seller involved, but rather on the utilities’’ means public utilities that own, operate or traditional public utilities transacting control generation and/or transmission facilities. under market-based rate authority to type of transaction involved. The Commission consistently has required such employ abbreviated reporting We initially emphasize that we are public utilities seeking blanket, open-ended market- requirements for short-term (one year or not imposing new filing requirements based rate authorization—even those without a on power marketers. The policy change franchised service territory or captive ratepayers— to file service agreements for long-term transactions In addition to the categories of ‘‘Independent within 30 days after the date of commencement of Power Marketers’’ and ‘‘Affiliated Power 4 See Southern Company Services, Inc., 75 FERC service. See, e.g., Cataula Generating Company, Marketers,’’ the caption of this order also lists ¶ 61,130, clarified on other grounds, 75 FERC L.P., 79 FERC ¶ 61,261 at 62,134 (1997); Kincaid companies under the categories of ‘‘Affiliated ¶ 61,353 (1996) (Southern I). Generation, L.L.C., 78 FERC ¶ 61,082 at 61,300–01 Power Producers’’ and ‘‘Other Utilities with Market- 5 Southern proposed semi-annual transaction (1997). Any reference in this order to ‘‘power Based Rates’’ based on the list on the Commission’s summaries, but we required the summaries to be marketers’’ means public utilities without Internet site. Because these two categories may filed quarterly, to accord with the requirements ownership, operation or control over generation include utilities that may be, for some period of applicable to power marketers. See id., 75 FERC at and/or transmission facilities, i.e., independent time, only power marketers, we have included them 61,444. power marketers and affiliated power marketers. in the caption as well. 6 See id.

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30008 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices we announce herein reflects our markets. Thus, to require all entities have listed the affected power decision to rescind, on a prospective engaging in long-term transactions to marketers, and the dockets in which basis, the waiver that we have generally file written agreements for such they were granted market-based rate granted to power marketers of the transactions, within 30 days of the date authorization, in the caption of this requirement to file long-term transaction service commences, in our judgment order, and we are directing the Secretary agreements.7 To provide those power will neither impede flexibility and to publish this order in the Federal marketers and their customers with efficiency in the long-term market nor Register. Further, as a matter of appropriate notice of this policy change, unduly burden the resources of the administrative convenience, all of the we have included in the caption of this reporting parties and the Commission. companies listed in the caption are order the docket numbers for those Moreover, we see no reason to continue hereby made parties to this proceeding. power—marketers for whom we allowing power marketers a more With respect to other interested persons, previously granted waiver of the relaxed reporting requirement for long- we believe that it is appropriate to make requirement to file long-term transaction term transactions than that applicable to agreements. We also emphasize that this traditional utilities. Power marketers, an exception to our practice of not policy will apply only on a prospective like any other public utility, are subject permitting late interventions for the basis, 30 days after the issuance of a to the requirement under section 205(c) purpose of filings requests for rehearing. final order in this proceeding. of the FPA to file with the Commission Accordingly, we will entertain late The current general practice of sellers for public inspection all rates, charges, motions to intervene in this proceeding in the industry, both traditional public classifications and practices, as well as for the purpose of filing requests for utilities and power marketers, is to any contracts that affect or relate rehearing of this order.11 Further, we engage in short-term transactions that thereto.9 As noted above, we continue to will delay the effectiveness of the new frequently are not the subject of separate believe that quarterly transactional reporting requirements announced written agreements. To require summaries are, on balance, appropriate herein pending Commission action on traditional utilities and power marketers under section 205(c) for short-term the requests for rehearing of this order to prepare, negotiate and file a written transactions—which, in our experience, and the issuance of a final order in this agreement for every short-term constitute the bulk of power marketers’ proceeding. transaction would seriously diminish jurisdictional activities. To the extent, As noted, the affected companies are the flexibility and efficiency of the however, that power marketers are listed in the caption of this order for engaged in long-term transactions, we short-term market and burden the purposes of providing appropriate will require them, like other public resources of both the reporting parties notice. While the Commission has made utilities selling at market-based rates, to and the Commission. We continue to a diligent effort to ensure that all believe, therefore, that our policy of file the actual long-term agreements affected power marketers are included allowing all short-term market-based with the Commission rather than merely in the caption of this order, it is possible rate transactions to be reported in report the transactions in quarterly that some affected power marketers are quarterly summaries correctly balances summaries. the goal of an efficient and competitive Accordingly, with respect to any long- not listed. However, this policy change marketplace with the Commission’s term transaction (i.e., longer than one will apply to all power marketers, responsibility to ensure that such year) agreed to or consummated by a regardless of their inclusion in the 12 transactions comply with the power marketer after 30 days from the caption. requirements of the Federal Power Act date of issuance of a final order in this It is not necessary for entities moving (FPA).8 proceeding, a service agreement must be to intervene and/or requesting rehearing For long-term transactions, on the filed within 30 days after to list all of the dockets listed in the other hand, a different balance is commencement of service. To ensure caption. Instead, in order to facilitate appropriate. Long-term transactions are clear identification of filings, and in the processing of pleadings, for any almost always the subject of separate order to facilitate the orderly person filing a late motion to intervene written agreements and do not normally maintenance of the Commission’s files and/or a request for rehearing of this involve the same time-sensitive and public access to the documents, order, the caption of its pleading should pressures as short-term competitive long-term transaction service refer only to ‘‘Southern Company agreements should not be filed together Services, Inc., Docket No. ER96–2573– 7 with short-term transaction Sec 28 CFR 35.1(a) (1998), which, in pertinent 001’’ and the case-specific market-based part, requires every public utility to file rate summaries.10 We will rescind, on a rate docket number(s) with which it is schedules ‘‘setting forth all rates and charges for prospective basis, the waiver previously any transmission or sale of electric energy subject concerned, if any. Further, as previously granted to power marketers of the to the jurisdiction of this Commission, the noted, it is possible that not all affected classifications, practices, rules and regulations requirement to file long-term transaction affecting such rates and charges and all contracts agreements with the Commission. power marketers are included in the which in any manner affect or relate to such rates, Our new policy will apply caption of this order. Any power charges, classifications, services, rules, regulations marketer with market-based rate or practices, as required by section 205(c) of the prospectively, but it will apply to Federal Power Act * * *.’’ existing, as well as new, power authorization not listed in the caption 8 See, e.g., LG&E Power Marketing Inc., 68 FERC marketers. In view of the fact that we are (or its customers) may also file a late ¶ 61,247 at 62,124 (explaining that the quarterly announcing a new policy at the motion to intervene and request for filing requirement for marketers is necessary to rehearing stage of this proceeding, we rehearing of this order. ensure compliance with the FPA, to allow the Commission to evaluate the reasonableness of the 11 rates and to provide for ongoing monitoring of the 9 Enron Power Marketing, Inc., 65 FERC ¶ 61,305 We strongly encourage those parties with marketer’s ability to exercise market power), at 62,406 (1993), order on reh’g, 66 FERC ¶ 61,244 common interests to file joint requests for rehearing, modified on other grounds, 69 FERC ¶ 61,153 (1994); National Electric Associates Limited to the degree possible. (1994); Enron Power Marketing, Inc., 66 FERC Partnership, 50 FERC ¶ 61,378 at 62,157 n.15 12 In the event that a power marketer that is ¶ 61,244 at 61,598 (1994) (noting that the quarterly (1990). affected by this order is not listed in the caption of filings allow the Commission to monitor the 10 See Consolidated Edison of New York, Inc., 78 this order, it should inform the Commission of that marketer’s adherence to the standards that allow it FERC ¶ 61,298 at 62,286; Southern I, 75 FERC at fact, including the docket number in which it was to sell at market-based rates). 61,444–45. granted market-based rate authority.

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The Commission Orders decrease the reporting requirements almost three years ago by a single utility in applicable to traditional utilities by allowing a particular adjudication. Today’s order, (A) Southern’s request for rehearing of them to reflect their long-term transactions in recognizing the Commission’s adoption of the September 25 Order is hereby the quarterly reports they currently are new policy, grants party status to power denied. allowed to file for all short-term transactions. marketers, which might otherwise be caught (B) Previously-granted waivers of the Today’s order explains why power off-guard, for the purpose of seeking requirement to file long-term (longer marketers should not be particularly rehearing of this rehearing order. I welcome than one year in duration) transaction burdened by the new filing requirement, any comment as to whether the Commission agreements are hereby rescinded on a since long-term agreements typically are should employ a different method for prospective basis, effective 30 days after reduced to writing anyway. Today’s order equalizing the reporting and filing the issuance of a final order in this does not explain, however, how the filing (as requirements applicable to power marketers opposed to the quarterly reporting) of long- proceeding, as discussed in the body of and traditional utilities. term agreements by marketers and traditional Vicky A. Bailey, this order. utilities alike will materially help the (C) Pursuant to Ordering Paragraph Commission in its monitoring of competitive Commissioner. (B), the reporting requirements markets and in its responsibility to ensure [FR Doc 99–14120 Filed 6–3–99; 8:45 am] applicable to power marketers for long- that all wholesale power rates are just and BILLING CODE 6717±01±M term (longer than one year in duration) reasonable. transactions are hereby revised to match I suspect the benefit, from the those applicable to traditional public Commission’s perspective, in the filing of DEPARTMENT OF ENERGY utilities, effective 30 days after the long-term power sales agreements lies in the belief that the such filing will convey more issuance of a final order in this Federal Energy Regulatory and better information (on price, terms and Commission proceeding, as discussed in the body of conditions) than that reflected in the this order. quarterly reports the Commission receives. If, [Docket No. CP98±645±000] (D) The entities listed in the caption so, I question whether the better approach is of this order are hereby made parties to not to add to the filing requirements of power Trunkline Gas Company; Notice of this proceeding. marketers, but rather to standardize and Informal Technical Conference (E) The Secretary shall promptly improve the quantity and quality of publish a copy of this order in the information reflected in the quarterly reports May 28, 1999. Federal Register. they submit. The Federal Energy Regulatory Even if there is no general obligation to file By the Commission. Commissioner Bailey Commission (Commission) will convene long-term agreements, the Commission an informal staff technical conference concurred with a separate statement presumably would continue to require their attached. filing to the extent they reflect a transaction on June 28, 1999, at 2:00 p.m., in Room Linwood A. Watson, Jr., among affiliates.2 Moreover, since, as the 3M3, of the Commission’s offices at 888 Acting Secretary. order explains, the quarterly reporting First Street, N.E., Washington, D.C., to requirement for short-term transactions is discuss Trunkline’s answers to staff’s Bailey, Commissioner, concurring based on a discretionary waiver of the section data requests in the above-captioned I strongly support this order to the extent 205 notice and filing requirement, the proceeding. The conference is open to it equalizes the reporting requirements for Commission could rescind that waiver, and all interested persons. both marketers and traditional utilities which require the filing of any agreement, at any Linwood A. Watson, Jr., have Commission authorization to sell power time—such as upon the filing of a customer at market-based rates. complaint. (This is analogous to the Acting Secretary. I have previously questioned the rationale, Commission’s commitment to rescind any [FR Doc. 99–14176 Filed 6–3–99; 8:45 am] if any, for different reporting requirements waiver of the Order No. 888 (open access BILLING CODE 6717±01±M for different types of sellers with market- tariff) and 889 (OASIS and separation of based power sales authority.1 I can see no functions) requirements upon the filing of a reason, in a post-Order No. 888 world of customer complaint 3). DEPARTMENT OF ENERGY increased competition and It may be useful to consider this issue in nondiscriminatory access to transmission a more global context. The Commission Federal Energy Regulatory service, to treat marketers any differently might want to consider that type of Commission than traditional utilities for purposes of information it (and the public) needs from reporting their power sales transactions. I the sellers of power at market-based rates at [Docket No. CP99±102±000] have been concerned that the disparity in the same time it considers other reporting reporting requirements could somehow and filing improvements—for example, at the Wyoming Interstate Company, Ltd.; confer a competitive advantage on those time it considers revisions to the FERC Form Notice of Availability of the power sellers with a lesser reporting 1 reporting requirements applicable to all Environmental Assessment for the obligation and, perhaps, without the same public utilities. obligation to disclose commercially sensitive And I am reluctant to insist upon generic Proposed Medicine Bow Lateral information. Today’s order removes that improvements to Commission reporting and Project disparity. filing requirements in the context of our May 28, 1999. I am less certain as to the desirability of the action on a single request for rehearing filed Commission’s means to remove the disparity The staff of the Federal Energy in reporting requirements. The Commission 2 The Commission has long required power Regulatory Commission (FERC or chooses to increase the reporting marketers with market-based rate authorization to Commission) has prepared an requirements applicable to power marketers commit in their tariffs not to sell power to or environmental assessment (EA) that by obligating them to file for Commission purchase power from an affiliated traditional discusses the environmental impacts of utility, and vice versa, unless the Commission first review all long-term power sales agreements the Medicine Bow Lateral Project (which now need only be reflected in approves such a transaction in a separate rate filing under section 205 of the FPA. Cf., e.g., Detroit proposed in the above-referenced quarterly transaction summaries). In my Edison Company, 80 FERC ¶ 61,348 (1997); GPU docket. The proposed project would opinion, the better approach might be to Advanced Resources, Inc., 81 FERC ¶ 61,335 (1997). include the construction and operation 3 See Central Minnesota Municipal Power 1 See Clarksdale Public Utilities Commission v. Agency, 79 FERC ¶ 61,260 at 61,127 (1997); Easton of approximately 149 miles of 24-inch- Energy Services, Inc., 85 FERC ¶ 61,268 at 62,079– Utilities Commission, et al., 83 FERC ¶ 61,334 diameter pipeline and 7,170 horsepower 80 ((1998) concurring statement). (1998). (hp) of compression.

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The EA was prepared to satisfy the • Mail your comments so that they environmental assessment (EA) that will requirements of the National will be received in Washington, DC on discuss the environmental impacts of Environmental Policy Act. The staff or before June 28, 1999. CNG Transmission Corporation’s (CNG) concludes that approval of the proposed Comments will be considered by the proposal to modify the active storage project, with appropriate mitigating Commission but will not serve to make field boundary, to authorize a protective measures, would not constitute a major the commentor a party to the boundary, and to convert certain Federal action significantly affecting the proceeding. Any person seeking to observation wells to storage wells at quality of the human environment. become a party to the proceeding must CNG’s Tioga Storage Complex in Tioga Wyoming Interstate Company Ltd. file a motion to intervene pursuant to County, Pennsylvania. (WIC) proposes to build new pipeline Rule 214 of the Commission’s Rules of CNG requests authority to operate and compression facilities to increase Practice and Procedures (18 CFR four storage wells which were the transportation capacity of its current 385.214). previously drilled as observation wells system in Colorado and Wyoming. The The date for filing timely motions to and converted to storage wells. In new facilities would enable WIC to intervene in this proceeding has passed. addition, CNG requests authorization to transport an additional 269 million Therefore, parties now seeking to file convert and operate two additional cubic feet of natural gas per day from late interventions must show good observation wells to storage wells. CNG the Powder River Basin. Specifically, cause, as required by section would also construct 0.1 mile of 6-inch- WIC seeks Commission authority to 395.214(b)(3), why this time limitation diameter and 0.2 mile of 4-inch- construct and operate the following should be waived. Environmental issues diameter pipeline to connect these two facilities: have been viewed as good cause for late wells to existing storage field pipeline • 149 miles of 24-inch-diameter intervention. You do not need facilities. CNG states that neither the pipeline extending from WIC’s existing intervenor status to have your certificated capacity nor the certified mainline in Weld County, Colorado, to environmental comments considered. deliverability of the Tioga Storage Converse County, Wyoming, where it Additional information about the Complex would be increased by the would interconnect with proposed project is available from Mr. conversion of these wells. This EA on nonjurisdictional gathering facilities; Paul McKee of the Commission’s Office the CNG Tioga Expansion Project 1 will • A new compressor station in of External Affairs at (202) 208–1088 or be used by the Commission in its Converse County, Wyoming, which on the FERC website (www.ferc.fed.us) decision-making process to determine would consist of one turbine-driven, using the ‘‘RIMS’’ link to information in whether the project is in the public centrifugal compressor unit rated at this docket number. Click on the convenience and necessity. # 7,170 hp; ‘‘RIMS’’ link, select ‘‘Docket ’’ from the If you are a landowner receiving this • Two new meter stations in RIMS Menu, and follow the notice, you may be contacted by a Converse County, Wyoming; and instructions. For assistance with access pipeline company representative about • A new check meter and side valve to RIMS, the RIMS helpline can be the acquisition of an easement to at the interconnection with WIC’s reached at (202) 208–2222. Similarly, abandon, construct, operate, and mainline in Weld County, Colorado. the ‘‘CIPS’’ link on the FERC Internet maintain the proposed facilities. The The EA has been placed in the public website provides access to the texts of pipeline company would seek to files of the FERC. A limited number of formal documents issued by the negotiate a mutually acceptable copies of the EA are available for Commission, such as orders, notices, agreement. However, if the project is distribution and public inspection at: and rulemakings. From the FERC approved by the Commission, that Federal Energy Regulatory Commission, Internet website, click on the ‘‘CIPS’’ approval conveys with it the right of Public Reference and Files Maintenance link, select ‘‘Docket #’’ from the CIPS eminent domain. Therefore, if easement Branch, 888 First Street, N.E., Room 2A, menu, and follow the instructions. For negotiations fail to produce an Washington, DC 20426, (202) 208–1371. assistance with access to CIPS, the CIPS agreement, the pipeline company could Copies of the EA have been mailed to helpline can be reached at (202) 208– initiate condemnation proceedings in Federal, state and local agencies, public 2474. accordance with state law. A fact sheet interest groups, landowners, local Linwood A. Watson, Jr., addressing a number of typically asked newspapers and libraries, and parties to Acting Secretary. questions, including the use of eminent this proceeding. [FR Doc. 99–14173 Filed 6–3–99; 8:45 am] domain, is attached to this notice as 2 Any person wishing to comment on BILLING CODE 6717±01±M appendix 1. the EA may do so. To ensure Summary of the Proposed Project consideration prior to a Commission decision on the proposal, it is important DEPARTMENT OF ENERGY CNG seeks authorization for the that we receive your comments before following: • the date specified below. Please Federal Energy Regulatory Operate four storage wells (well carefully follow the instructions to Commission Nos. TW–209, TW–707, TW–708, and TW–800) which were previously drilled ensure that your comments are received [Docket No. CP87±203±007] in time and properly recorded. as observation wells and converted to • Send two copies of your comments CNG Transmission Corporation; Notice storage wells. to: David P. Boergers, Secretary, Federal of Intent To Prepare an Environmental Energy Regulatory Commission, 888 1 CNG Transmission Corporation’s application Assessment for the Proposed CNG was filed with the Commission under Section 7 of First Street, N.E., Room 1A, Tioga Expansion Project and Request the Natural Gas Act and Part 157 of the Washington, D.C. 20426. for Comments on Environmental Commission’s regulations. • Label one copy of the comments for Issues 2 The appendices referenced in this notice are not the attention of the Environmental being printed in the Federal Register. Copies are Review and Compliance Branch, May 28, 1999. available from the Commission’s Public Reference PR11.1; The staff of the Federal Energy and Files Maintenance Branch, 888 First Street, • N.E., Washington, D.C. 20426, or call (202) 208– Reference Docket No. CP99–102– Regulatory Commission (FERC or 1371. Copies of the appendices were sent to all 000; and Commission) will prepare an those receiving this notice in the mail.

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• Convert and operate observation Our independent analysis of the If you do not want to send comments well Nos. TW–605 and TW–403 as issues will be in the EA. Depending on at this time but still want to remain on storage wells. the comments received during the our mailing list, please return the • Construction of 536 feet of 6-inch- scoping process, the EA may be Information Request (appendix 4). If you diameter (LN–2465–S) and 1,117 feet of published and mailed to Federal, state, do not return the Information Request, 4-inch-diameter pipeline (LN–2464–S) and local agencies, public interest you will be taken off the mailing list. to connect well Nos. TW–605 and TW– groups, interested individuals, affected Becoming an Intervenor 403 to existing gas storage pipeline landowners, newspapers, libraries, and facilities. the Commission’s official service list for In addition to involvement in the EA The location of the project facilities is this proceeding. A comment period will scoping process, you may want to shown in appendix 2. be allotted for review if the EA is become an official party to the proceeding known as an ‘‘intervenor.’’ Land Requirements for Construction published. We will consider all comments on the EA before we make Intervenors play a more formal role in Construction of the proposed facilities our recommendations to the the process. Among other things, would require about 66.2 acres of land. Commission. intervenors have the right to receive Following construction, about 18.8 acres To ensure your comments are copies of case-related Commission would be maintained as permanent considered, please carefully follow the documents and filings by other pipeline right-of-way and about 20.0 instructions in the public participation intervenors. Likewise, each intervenor acres would be required for new well section on pages 4 and 5 of this notice. must provide 14 copies of its filings to sites and aboveground facilities. The the Secretary of the Commission and remaining 27.4 acres of land would be Currently Identified Environmental must send a copy of its filings to all restored and allowed to revert to its Issues other parties on the Commission’s former use. We have already identified several service list for this proceeding. If you The EA Process issues that we think deserve attention want to become an intervenor you must based on a preliminary review of the file a motion to intervene according to The National Environmental Policy proposed facilities and the Rule 214 of the Commission’s Rules of Act (NEPA) requires the Commission to environmental information provided by Practice and Procedure (18 CFR take into account the environmental CNG. This preliminary list of issues may 385.214) (see appendix 3). Only impacts that could result from an action be changed based on your comments intervenors have the right to seek whenever it considers the issuance of a and our analysis. rehearing of the Commission’s decision. Certificate of Public Convenience and • A total of about 18.9 acres of forest You do not need intervenor status to Necessity. NEPA also requires us to would be disturbed. have your environmental comments discover and address concerns the • The project may affect 2 wetlands. considered. public may have about proposals. We • Blasting may be required in some Additional information about the call this ‘‘scoping.’’ The main goal of the areas. proposed project is available from Mr. scoping process is to focus the analysis Paul McKee of the Commission’s Office in the EA on the important Public Participation of External Affairs at (202) 208–1088 or environmental issues. By this Notice of You can make a difference by on the FERC website at http:// Intent, the Commission requests public providing us with your specific www.ferc.fed.us/online/rims.htm comments on the scope of the issues it comments or concerns about the project. (please call (202) 208–2222 for will address in the EA. All comments By becoming a commentor, your assistance). received are considered during the concerns will be addressed in the EA Linwood A. Watson, Jr., preparation of the EA. State and local and considered by the Commission. You Acting Secretary. government representatives are should focus on the potential encouraged to notify their constituents [FR Doc. 99–14177 Filed 6–3–99; 8:45 am] environmental effects of the proposal, BILLING CODE 6717±01±M of this proposed action and encourage alternatives to the proposal (including them to comment on their areas of alternative locations/routes), and concern. measures to avoid or lessen The EA will discuss impacts that ENVIRONMENTAL PROTECTION environmental impact. The more AGENCY could occur as a result of the specific your comments, the more useful construction and operation of the they will be. Please carefully follow [FRL±6354±2] proposed project under these general these instructions to ensure that your headings: comments are received in time and Agency Information Collection • Geology and soils. properly recorded: Activities: Comment Request; See List • Water resources, fisheries, and of ICRs Planned To Be Submitted in • Send two copies of your letter to: wetlands. Section A • Vegetation and wildlife. David P. Boergers, Secretary, Federal • Endangered and threatened species. Energy Regulatory Commission, 888 AGENCY: Environmental Protection • Public safety. First St., N.E., Room 1A, Washington, Agency (EPA). • Land use. DC 20426; ACTION: Notice. • Cultural resources. • Label one copy of the comments for • Air quality and noise. the attention of the Environmental SUMMARY: In compliance with the • Hazardous waste. Review and Compliance Branch, PR– Paperwork Reduction Act (44 U.S.C. We will also evaluate possible 11.2; 3501 et seq.), this document announces alternatives to the proposed project or • Reference Docket No. CP87–203– that EPA is planning to submit the portions of the project, and make 007; and following 19 continuing Information recommendations on how to lessen or • Mail your comments so that they Collection Requests (ICR) to the Office avoid impacts on the various resource will be received in Washington, DC on of Management and Budget (OMB). areas. or before June 28, 1999. Before submitting the ICRs to OMB for

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Requests (ICR) to the Office of Cleaners; EPA ICR Number 0997, and OMB Control Number 2060–0079, ADDRESSES: US Environmental Management and Budget (OMB): expires November 30, 1999. Protection Agency, 401 M Street SW, (1) NSPS subpart D, Fossil Fuel Fired Office of Compliance, Mail Code 2223A, Steam Generators; EPA ICR Number (17) NSPS subpart RRR, SOCMI Washington, DC 20460. A hard copy of 1052, and OMB Control Number 2060– Reactor Processes; EPA ICR Number an ICR may be obtained without charge 0026, expires September 30, 1999. 1178, and OMB Control Number 2060– by calling the identified information (2) NSPS subpart Da, Electric Utility 0269, expires September 30, 1999. contact individual for each ICR in Steam Generating Units; EPA ICR (18) NESHAP subpart FF, Benzene section B of the Supplementary Number 1053, and OMB Control Waste; EPA ICR Number 1541, and Information. Number 2060–0023, expires September OMB Control Number 2060–0183, 30, 1999. expires September 30, 1999. FOR FURTHER INFORMATION CONTACT: For (3) NSPS subpart Db, Industrial- (19) NESHAP subpart M, Asbestos; specific information on the individual Commercial-Institutional Steam EPA ICR Number 0111, and OMB ICRs see section B of the Supplementary Generating Units; EPA ICR Number Control Number 2060–0101, expires Information. 1088, and OMB Control Number 2060– September 30, 1999. SUPPLEMENTARY INFORMATION: 0072, expires August 31, 1999. (4) NSPS subpart I, Hot Mix Asphalt; B. Contact Individuals for ICRs For All ICRs EPA ICR Number 1127, and OMB (1) NSPS subpart D, Fossil Fuel Fired An Agency may not conduct or Control Number 2060–0083, expires Steam Generators; Jordan Spooner, (202) sponsor, and a person is not required to September 30, 1999. 564–7058, respond to, a collection information (5) NSPS subpart BB, Kraft Pulp Mills; [email protected], EPA unless it displays a currently valid OMB EPA ICR Number 1055, and OMB ICR Number 1052, and OMB Control control number. The OMB control Control Number 2060–0021, expires Number 2060–0026, expires September numbers for EPA’s regulations are September 30, 1999. 30, 1999. displayed in 40 CFR part 9. (6) NSPS subpart DD, Grain Elevators; (2) NSPS subpart Da, Electric Utility The EPA would like to solicit EPA ICR Number 1130, and OMB Steam Generating Units; Jordan comments to: Control Number 2060–0082, expires Spooner, (202) 564–7058, (i) Evaluate whether the proposed November 30, 1999. [email protected] EPA collection of information is necessary for the (7) NSPS subpart HH, Lime ICR Number 1053, and OMB Control proper performance of the functions of the Manufacturing; EPA ICR Number 1167, Number 2060–0023, expires September Agency, including whether the information and OMB Control Number 2060–0063, 30, 1999. will have practical utility; expires August 31, 1999. (3) NSPS subpart Db, Industrial- (ii) Evaluate the accuracy of the Agency’s (8) NSPS subpart RR, Pressure Commercial-Institutional Steam estimate of the burden of the proposed Sensitive Tape and Label; EPA ICR Generating Units; Jordan Spooner, (202) collection of information; Number 0658, and OMB Control 564–7058, (iii) Enhance the quality, utility, and clarity Number 2060–0004, expires September of the information to be collected; and (iv) [email protected], EPA 30, 1999. ICR Number 1088, and OMB Control Minimize the burden of the collection of (9) NSPS subpart SS, Surface Coating Number 2060–0072, expires August 31, information on those who are to respond, of Large Appliances; EPA ICR Number including through the use of automated 1999. 0659, and OMB Control Number 2060– collection techniques or other forms of (4) NSPS subpart I, Hot Mix Asphalt; 0108, expires October 31, 1999. information technology, e.g., permitting Belinda Breidenbach, (202) 564–7022, electronic submission of responses. (10) NSPS subpart TT, Metal Coil Surface Coating; EPA ICR Number 0660, [email protected], Burden means the total time, effort, or and OMB Control Number 2060–0107, EPA ICR Number 1127, and OMB financial resources expended by persons expires October 31, 1999. Control Number 2060–0083, expires to generate, maintain, retain, or disclose (11) NSPS subpart WW, Beverage Can September 30, 1999. or provide information to or for a Surface Coating; EPA ICR Number 0663, (5) NSPS subpart BB, Kraft Pulp Mills; Federal agency. This includes the time and OMB Control Number 2060–0001, Seth Heminway, (202) 5564–7017, needed to review instructions; develop, expires September 30, 1999. [email protected], EPA acquire, install, and utilize technology (12) NSPS subpart DDD, VOC ICR Number 1055, and OMB Control and systems for the purposes of Emissions from the Polymer Number 2060–0021, expires September collecting, validating, and verifying Manufacturing Industry, EPA ICR 30, 1999. information, processing and Number 1150, and OMB Control (6) NSPS subpart DD, Grain Elevators; maintaining information, and disclosing Number 2060–0145, expires November Ken Harmon, (202) 564–7049, and providing information; adjust the 30, 1999. [email protected], EPA existing ways to comply with any (13) NSPS subpart GGG, Petroleum ICR Number 1130, and OMB Control previously applicable instructions and Refineries; EPA ICR Number 0983, and Number 2060–0082, expires November requirements; train personnel to be able OMB Control Number 2060–0067, 30, 1999. to respond to a collection of expires August 31, 1999. (7) NSPS subpart HH, Lime information; search data sources; (14) NSPS subpart HHH, Synthetic Manufacturing; Belinda Breidenbach, complete and review the collection of Fiber Production; EPA ICR Number (202) 564–7022, information; and transmit or otherwise 1156, and OMB Control Number 2060– [email protected], disclose the information. 0059, expires October 31, 1999. EPA ICR Number 1167, and OMB

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Control Number 2060–0063, expires Number 2060–0269, expires September Burden Statement: The Agency August 31, 1999. 30, 1999. computed the burden for each of the (8) NSPS subpart RR, Pressure (18) NESHAP subpart FF, Benzene recordkeeping and reporting Sensitive Tape and Label; Seth Waste; Rafael Sanchez, (202) 564–7028, requirements applicable to the industry. Heminway, (202) 5564–7017, [email protected], EPA Where applicable, the Agency identified [email protected], EPA ICR Number 1541, and OMB Control specific tasks and made assumptions, ICR Number 0658, and OMB Control Number 2060–0183, expires September while being consistent with the concept Number 2060–0004, expires September 30, 1999. of burden under the Paper Reduction 30, 1999. (19) NESHAP subpart M, Asbestos; Act. The estimates were based on the (9) NSPS subpart SS, Surface Coating Tom Ripp, (202) 564–7003, assumption that there would be no new of Large Appliances; Belinda [email protected], EPA ICR affected facilities, because new utility Breidenbach, (202) 564–7022, Number 0111, and OMB Control boilers constructed after September 18, [email protected], Number 2060–0101, expires September 1978 are subject to subpart Da, and EPA ICR Number 0659, and OMB 30, 1999. boilers constructed after June 19, 1986 Control Number 2060–0108, expires C. Individual ICRs are subject to subpart Db. Therefore, the October 31, 1999. requirements for initial notifications (10) NSPS subpart TT, Metal Coil (1) NSPS Subpart D, Fossil Fuel Fired and the performance test are not Surface Coating; Belinda Breidenbach, Steam Generators; EPA ICR Number included. Approximately 660 sources (202) 564–7022, 1052, and OMB Control Number 2060– are currently subject to the standard. It [email protected], 0026, Expires September 30, 1999 was also assumed each source operates EPA ICR Number 0660, and OMB This standard applies to each fossil- 365 days per year. Control Number 2060–0107, expires fuel-fired steam generating unit of more For recordkeeping, it was estimated October 31, 1999. that for each source it would take 91.25 (11) NSPS subpart WW, Beverage Can than 73 MW heat input rate (250 million person-hours per year to check, Surface Coating; Belinda Breidenbach, Btu per hour), that were constructed maintain, and operate the continuous (202) 564–7022, after August 17, 1971 and before emission monitors. For reporting, it was [email protected], September 18, 1978. Owners or estimated that for each source it would EPA ICR Number 0663, and OMB operators must provide EPA or the take 4 person-hours per year for the Control Number 2060–0001, expires delegated State regulatory authority quarterly reports of excess emissions September 30, 1999. with the following one-time-only and monitoring system performance. (12) NSPS subpart DDD, VOC reports (specified in 40 CFR 60.7): Emissions from the Polymer Notifications of the anticipated and (2) NSPS Subpart Da, Electric Utility Manufacturing Industry, Sally Sasnett, actual date of start up, notification of Steam Generating Units; EPA ICR (202) 564–7074 the date of construction or Number 1053, and OMB Control [email protected] EPA ICR reconstruction, notification of any Number 2060–0023, Expires September Number 1150, and OMB Control physical or operational changes to an 30, 1999 Number 2060–0145, expires November existing facility which may increase the 30, 1999. emission rate of any regulated air This standard applies to each electric (13) NSPS subpart GGG, Petroleum pollutant, notification of the date upon utility steam generating unit which is Refineries; Tom Ripp, (202) 564–7003, which demonstration of the continuous capable of combusting more than 73 [email protected], EPA ICR monitoring system performance MW (250 million Btu/hr) heat input of Number 0983, and OMB Control commences, notification of the date of fossil fuel, and for which construction Number 2060–0067, expires August 31, the initial performance test, and results or modification is commenced after 1999. of the performance test. Owners and September 18, 1978. Owners or (14) NSPS subpart HHH, Synthetic operators are also required to maintain operators must provide EPA, or the Fiber Production; Belinda Breidenbach, records of the occurrence and duration delegated State regulatory authority (202) 564–7022, of any start up, shutdown, or with the following one-time-only [email protected], malfunction in the operation of an reports: Notifications of the anticipated EPA ICR Number 1156, and OMB affected facility, or malfunction in the and actual date of start up, notification Control Number 2060–0059, expires operation of the air pollution control of the date of construction or October 31, 1999. device, or any periods during which the reconstruction, notification of any (15) NSPS subparts III and NNN, monitoring system is inoperative. physical or operational changes to an SOCMI Air Oxidation & Distillation; Records shall be retained for at least two existing facility which may increase the Marcia Mia, (202) 564–7042, years. emission rate of any regulated air [email protected], EPA ICR In addition to reporting and pollutant, notification of the date upon Number 0998, and OMB Control recordkeeping requirements, facilities which demonstration of the continuous Number 2060–0197, expires August 31, subject to this subpart must install, monitoring system commences, 1999. calibrate, maintain, and operate a notification of the date of the initial (16) NSPS subpart JJJ, Petroleum Dry continuous monitoring system (CMS) to performance test, and results of the Cleaners; Joyce Chandler, (202) 564– monitor SO2, NOX and opacity performance test. Owners and operators 7073, [email protected], (specified in 40 CFR 60.45), and must are also required to maintain records of EPA ICR Number 0997, and OMB notify EPA or the State regulatory the occurrence and duration of any start Control Number 2060–0079, expires authority of the date upon which up, shutdown, or malfunction in the November 30, 1999. demonstration of the CMS commences. operation of an affected facility, or (17) NSPS subpart RRR, SOCMI Owners or operators must submit malfunction in the operation of the air Reactor Processes; Darlene Williams, quarterly reports indicating whether pollution control device, or any periods (202) 564–7031, compliance was achieved, and their during which the monitoring system is [email protected], EPA assessment of monitoring system inoperative. Records shall be retained ICR Number 1178, and OMB Control performance (specified in 40 CFR 60.7). for at least two years.

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In addition to reporting and performance test. Owners or operators for PM: Excess (16 person-hours), no recordkeeping requirements specified in are also required to maintain records of excess (8 person-hours); quarterly 40 CFR 60.7, facilities subject to this the occurrence and duration of any reports for NOX: CEMS compliance (16 subpart must install, calibrate, maintain, startup, shutdown, or malfunction in person-hours), excess (16 person-hours), and operate a continuous monitoring the operation of an affected facility, or no excess (8 person-hours); Appendix F system (CMS) to monitor SO2, NOX and any period during which the monitoring quarterly reports: For SO2 (11 person- opacity (specified in 40 CFR 60.7 and 40 system is inoperative. These hours), for NOX (11 person-hours). CFR 60.47a), and must notify EPA or the notifications, reports and records are Recordkeeping requirements include the State regulatory authority of the date required, in general, of all sources following: Maintaining records of upon which demonstration of the CMS subject to NSPS. startups, shutdowns, and malfunctions performance commences (specified in Burden Statement: The Agency (1.5 person-hours); maintaining records 40 CFR 60.47a). Owners or operators computed the burden for each of the of all measurements (1.5 person-hours). must submit quarterly reports indicating recordkeeping and reporting (4) NSPS Subpart I, Hot Mix Asphalt; whether compliance was achieved, and requirements applicable to the industry. EPA ICR Number 1127, and OMB their assessment of monitoring system Where applicable, the Agency identified Control Number 2060–0083, Expires performance (specified in 40 CFR specific tasks and made assumptions, September 30, 1999 60.49a). while being consistent with the concept Burden Statement: The Agency of burden under the Paper Reduction The New Source Performance computed the burden for each of the Act. The estimate was based on the Standards (NSPS) for hot mix asphalt recordkeeping and reporting assumption that there would be 58 new facilities were proposed on June 11, requirements applicable to the industry. affected facilities each year, and that 1973 and promulgated on July 25, 1977. The estimates were based on the there were approximately 785 sources in These standards apply to each hot mix assumption that there would be seven existence for the three years covered by asphalt plant commencing construction, new affected facilities each year, and the ICR. The annual burden of reporting modification, or reconstruction after the there were an average of 103 sources in and recordkeeping requirements for date of proposal. The affected facility is existence for the three years covered by facilities subject to subpart Db are each hot mix asphalt facility comprised the ICR. It was also assumed each summarized by the following only of any combination of the source operates 365 days per year. information. following: Dryers; systems for screening, For each new source, it was estimated The reporting requirements are as handling, storing, and weighing hot that it would take: One person-hour to follows: Read instructions (1 person- aggregate; systems for loading, read the instructions; 10.4 person-hours hour); initial performance test (330 transferring, and storing mineral filler, to write the initial notifications; and person-hours); 24-hour test for gas units systems for mixing hot asphalt; and the 290.8 person-hours to conduct the (250 person-hours); repeat of initial loading, transfer and storage systems initial performance test and reference performance test (330 person-hours); associated with emission control method 9 test (assuming that 20% of the repeat of 24-hour test for gas units (250 systems. tests must be repeated). For each source, person-hours) (Assume 20% of tests are Approximately 1280 sources are it was estimated that it would take: 32 repeated); demonstration of CEMS: For currently subject to the standard and it person-hours to write quarterly reports SO2 (150 person-hours), for PM (100 is estimated that an additional 60 of excess emissions and monitoring person-hours), for NOX (350 person- sources per year will become subject to system performance; and 182.5 person- hours); repeat demonstration of CEMS the standard in the next three years. hours to check, maintain, and operate (Assume 20% repeat rate); annual Particulate matter is the pollutant continuous emission monitors. compliance tests for NOX (250 person- regulated under this Subpart. hours); Appendix F annual accuracy Owners or operators of the affected (3) NSPS Subpart Db, Industrial- test: For SO2 (146 person-hours), for facilities described must make the Commercial-Institutional Steam NOX (146 person-hours); Appendix F following one-time only reports: Generating Units; EPA ICR Number quarterly audit, SO2: For in-situ (125 Notification of the date of construction 1088, and OMB Control Number 2060– person-hours), for extractive (36 person- or reconstruction; notification of the 0072, Expires August 31, 1999 hours); Appendix F quarterly audit, anticipated and actual date of a start up; Affected facilities are each steam NOX: For in-situ (125 person-hours), for notification of any physical or generating unit that commences extractive (36 person-hours) (Assume operational change to an existing facility construction, modification or that 25% of units have an in-situ which may increase the regulated reconstruction after June 19, 1984, and CEMS). pollutant emission rate; notification of that has a heat input capacity from fuels Sources are required to write reports the date of the initial performance test; combusted in the steam generating unit on: Notification of construction/ and results of the initial performance of greater than 29 MW (100 million Btu/ reconstruction (2 person-hours), test including information necessary to hour). Owners or operators of the notification of anticipated startup (2 determine the conditions of the affected facilities described must make person-hours), notification of actual performance test measurements and the following one-time-only reports: startup (2 person-hours), monitoring results, including particulate matter Notification of the date of construction plan (4 person-hours), notification of concentration and opacity. Owners or or reconstruction; notification of the initial performance test: For SO2 (2 operators are also required to maintain anticipated and actual dates of startup; person-hours), for PM (2 person-hours), records of the occurrence and duration notification of any physical or for NOX (2 person-hours); report of of any startup, shut down, or operational change to an existing facility initial performance test: For SO2 (16 malfunction in the operation of an which may increase the regulated person-hours), for NOX (16 person- affected facility as well as the nature pollutant emission rate; notification of hours); notification of CMS and cause of the malfunction (if known) demonstration of the continuous demonstration: For SO2 (2 person- and corrective measures taken. monitoring system (CMS); notification hours), for PM (2 person-hours), for NOX Any owner or operator subject to the of the date of the initial performance (2 person-hours). Quarterly reports for provisions of NSPS subpart I, shall test; and the results of the initial SO2 (16 person-hours); quarterly reports maintain a file for a minimum of two

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30015 years following the date of such Burden Statement: There are 74 test 40 CFR 60.8(d). The results of the measurements, maintenance reports and sources subject to the standards. It is initial performance test, 40 CFR 60.8(a), records. estimated that 2 additional sources per including information necessary to Burden Statement: The average year will become subject to the determine the conditions of the annual burden to industry over the next standard. The current ICR estimates performance test and performance test three years from these recordkeeping average annual burden to the industry to measurements and results, including and reporting requirements is estimated be 16,237 person hours. The following particulate matter concentration and at 4611 person-hours. Initial is a breakdown of burden used in the opacity must be reported. Records must performance test require approximately ICR. Burden is calculated as two hours be maintained of performance test 24 person-hours. From experience with for respondents to write the reports for; results 40 CFR 60.7(c) for at least two the regulations we assume 20% of the notification of construction or years after the date of measurements 40 initial performance test will be repeated reconstruction, notification of physical CFR 60.7(f), including performance test due to failure. The written notifications or operational changes, notification of measurements, and all other of construction, modification and anticipated startup, notification of information required by the general notification of initial performance test actual startup, notification of initial provisions in a form suitable for require 2.0 hours each. Reference performance test, notification of inspection. Records must be maintained Method 9 tests require 4 hours each. It demonstration of CMS. Initial of the occurrence and duration of any is estimated to take 1.5 hours per year performance tests are allocated 370 startup, shutdown, or malfunction in per plant to record start-ups, shut- burden hours. It is assumed that 20% of the operation of an affected facility, as downs, and malfunctions. all affected facilities will have to repeat well as the nature and cause of the (5) NSPS Subpart BB, Kraft Pulp Mills; performance tests. The ICR allocates malfunction (if known) and corrective EPA ICR Number 1055, and OMB four hours for Method 9. measures taken, 40 CFR 60.7(b). The recordkeeping burden is Subpart DD does not specify a Control Number 2060–0021, Expires estimated to be 30 minutes to enter retention time. In the general September 30, 1999 records of operating parameters. It is provisions, section 60.7(f) requires This ICR contains recordkeeping and assumed that the plant will operate 350 owners and operators to retain facility reporting requirements that are days a year, therefore, this information records for at least two years after the mandatory for compliance with subpart will be recorded 350 times a year. date of measurement. BB, New Source Performance Standards Sources which have excess emissions Burden Statement: The estimated for Kraft Pulp Mills. In the are required to submit excess emission annual burden is calculated as one hour Administrator’s judgement, particulate reports. These reports are allocated 16 for the newly subject respondent to read matter and Total Reduced Sulfur (TRS) burden hours with an average of 2 the reporting requirements; 24 hours for from kraft pulp mills cause or contribute reports per year. There is no additional the new respondent to perform the to air pollution that may reasonably be third party burden relevant to this ICR. initial performance test, 4.8 hours anticipated to endanger public health or annually to account for the estimated 20 welfare. Therefore, New Source (6) NSPS Subpart DD, Grain Elevators; percent of performance tests that must Performance Standards have been EPA ICR Number 1130, and OMB be repeated, 4 hours for the new promulgated for this source category as Control Number 2060–0082, Expires respondent to perform the Method 9 required under section 111 of the Clean November 30, 1999 tests, 0.8 hours annually to account for Air Act. Grain terminal elevators and grain the estimated 20 percent of Method 9 The control of emissions of storage elevators as defined at 40 CFR tests that must be repeated, two hours particulate matter and TRS requires not 60.301(c) and (f). Potentially affected to prepare and send the notification of only the installation of properly facilities include each truck unloading construction/reconstruction of the designed equipment, but also the proper station, truck loading station, barge and newly-subject source, two hours to operation and maintenance of that ship unloading station, barge and ship prepare and send notification of equipment. These standards rely on the loading station, railcar unloading anticipated startup, two hours to capture of pollutants vented to a control station, railcar loading station, grain prepare and send notification of actual device. Owners or operators of kraft dryer, and all grain handling operations startup, and two hours to prepare and pulp mills subject to NSPS subpart BB at any grain terminal elevator or any send notification of the initial are required to make initial notifications grain storage elevator. There are 66 performance test. Together, these for construction, startup, and sources subject to the standard. EPA information collection activities performance testing. They must also expects the industry to grow at the rate required of the anticipated one new report the results of a performance test, of one additional source each year. The source annually amount to and average and demonstration of a continuous regulated pollutant is particulate matter. of 42.6 person hours. Additionally, EPA monitoring system if applicable. After The NSPS general provisions require estimates that established sources will the initial recordkeeping and reporting owners or operators of the affected spend an average of an hour annually requirements, semiannual excess facilities subject to NSPS subpart DD to entering information regarding startups, emission reports are required. Owners make the following one-time-only shutdowns, and malfunctions. or operators are also required to reports: Notification of the date of maintain records of the occurrence and construction or reconstruction 40 CFR (7) NSPS Subpart HH, Lime duration of any startup, shutdown, or 60.7(a)(1), notification of the anticipated Manufacturing; EPA ICR Number 1167, malfunction in the operation of an date of startup 40 CFR 60.7(a)(2), and OMB Control Number 2060–0063, affected facility, or malfunction in the notification of actual date of startup 40 Expires August 31, 1999 operation of the air pollution control CFR 60.7(a)(3), notification of any The New Source Performance device, or any periods during which the physical or operational change to an Standards (NSPS) for lime monitoring system is inoperative. These existing facility that may increase the manufacturing plants were proposed on notifications, reports and records are rate of emission of the regulated May 3, 1977 and promulgated on April required in general, of all sources pollutant 40 CFR 60.7(a)(4), notification 26, 1984. These standards apply to each subject to NSPS. of the date of the initial performance rotary lime kiln used in lime

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Approximately 38 sources are Any owner or operator subject to the these coating operations consist of currently subject to NSPS, subpart HH. provisions of this part shall maintain a maintaining a calendar month record of It is estimated that an additional two file for a minimum of two years all coatings used and their VOC content, sources per year will become subject to following the date of such the amount of solvent applied and the standard in the next three years. measurements, maintenance reports and recovered when a solvent recovery Particulate matter is the pollutant records. device is used, temperature of exhaust regulated under this subpart. The Burden Statement: The average gases if thermal incineration is used, annual burden to industry over the next standards limit particulate emissions to temperature of exhaust gases both three years from these recordkeeping 0.03 kilogram per megagram (0.60 lb/ upstream and downstream of the and reporting requirements is estimated ton) of stone feed, and limit opacity to catalyst bed if catalytic incineration is at 3,363.6 person-hours. The initial 15% when exiting from a dry emission used and an indication that a hood or performance test requires approximately control device. enclosure device to capture fugitive Owners or operators of the affected 280 person-hours. (Assuming 20% of emissions is operational. Any affected facilities described must make the the initial performance test will be facility that inputs to the coating following one-time only reports: repeated due to failure.) The Reference process 45 Mg of VOC or less per 12 Notification of the date of construction Method 9 test requires 4.0 hours. The month period is not subject to the and reconstruction; notification of the written notifications of construction, anticipated and actual dates of startup; modification, notification of initial emission limits of 40 CFR 60.442. notification of any physical or performance test and demonstration of However, the affected facility shall operational change to an existing facility CMS require 2.0 person-hours each. maintain a 12 month record of the which may increase the regulated Records of startups, shutdown and amount of solvent applied in the coating pollutant emission rate; notification of malfunctions also require 2.0 hours to at the facility. When thermal or catalytic the demonstration of the continuous enter information. Excess emission incineration is performed, the owner or monitoring system (CMS); notification reports require 8.0 person-hours. operator shall keep records of each of the date of the initial performance three-hour period during which the (8) NSPS Subpart RR, Pressure Sensitive test; and results of the initial incinerator temperature averaged more Tape and Label; EPA ICR Number 0658, performance test. Owners or operators than 38 degrees Celsius below the and OMB Control Number 2060–0004, are also required to maintain records of temperature of the most recent Expires September 30, 1999 the occurrence and duration of any performance test. Records of this startup, shutdown, or malfunction in This ICR contains recordkeeping and information shall be kept at the source the operation of an affected facility, or reporting requirements that are for a period of two years. The any period during which the monitoring mandatory for compliance with subpart recordkeeping requirements for the system is inoperative. These RR, New Source Performance Standards surface coating industry of pressure notifications, reports and records are for facilities that manufacture pressure sensitive tape and labels consist of the required, in general, of all sources sensitive tape and labels. In the occurrence and duration of any start-up subject to NSPS. Administrator’s judgement volatile and malfunctions as described. They Owners or operators of the rotary organic compounds (VOC’s) from this include the initial performance test kilns using a control device with a industry contribute to air pollution that results including information necessary multiple stack exhaust or roof monitor may reasonably be anticipated to to determine conditions of the may instead monitor visible emissions endanger public health and welfare. performance test, and performance test at least once a day by a certified Therefore, this NSPS was promulgated measurements and results including, for observer using Method 9. Owners or under Clean Air Act (CAA) section 111 affected facilities complying with the operators of affected facilities using a for this source category. EPA is granted standard without the use of add-on wet scrubber emission control device the authority to require facilities to controls, a weighted average of the mass shall install, calibrate, maintain, and provide information concerning their air of solvent used per mass of coating operate a continuous monitoring device emissions under CAA sections 111(a) solids applied; the weighted average which monitors the pressure loss of the and 114(a). mass of VOC per mass of coating solids gas stream through the scrubber, and a Owners and operators of the affected applied at facilities controlled by a continuous monitoring device which facilities must make the following one solvent recovery device; and the monitors the scrubbing liquid supply time-only reports: Notification of the weighted average mass of VOC per mass pressure to the control device. date of construction or reconstruction; of coating solids applied being used at Semiannual excess emissions reports notification of the anticipated and a facility controlled by a solvent and monitoring system performance actual dates of initial start-up; destruction device; and the results of reports shall include all 6-minute notification of any physical change to an the monthly performance and records of periods during which the average existing facility that may increase the operating parameters. Records of start- opacity of the visible emissions from regulated pollutant emission rate; ups, shutdowns, and malfunctions any lime kiln is greater than 15% or for notification of initial performance test should be noted as they occur. Any wet scrubbers, any period in which the and the results of the initial owner or operator subject to the scrubber pressure drop is greater than performance test. Owners or operators provisions of this part shall maintain a 30% below the rate established during are also required to maintain records of file of these measurements, and retain the performance test, and reports of the occurrence and duration of any the file for at least two years following visible emissions; the date and time of start-up, shut-down or malfunction in the date of such measurements and the exceedance or deviance; the nature the operation of an affected facility, or records. The reporting requirements for and cause of the malfunction (if known) any period during which the monitoring this industry currently include the

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For temperature variances of the control approximately 4 hours to prepare for a catalytic incineration daily records of device, the date and time of the total of 8 hours per facility. The gas stream temperature both upstream deviance, the nature and cause of the emissions recordkeeping takes and downstream are required, or a daily malfunction (if known) and corrective approximately 15 minutes per day and record of the quantity of solvent measures taken, and identification of assuming that the facility is operational recovered if a solvent recovery device is the time period during which the for 250 days a year the time expended used. Monthly averages are calculated, continuous monitoring system was on this activity would be 62 hours and and any affected facility shall report inoperative. Notifications inform the 30 minutes. An existing facility that is quarterly excess emissions or Agency or delegated authority about in compliance will spend about 92 semiannual reports if no excess when a source becomes subject to the hours and 30 minutes complying with emissions occur. standard. The reviewing authority can the standard. A facility that is new or Any owner or operator subject to the then inspect the source to check if the that has been modified will spend an provisions of NSPS subpart SS, shall pollution control devices are properly additional 68 hours complying with the maintain at the source, for a period of installed and operated. Performance test performance test and notifications for at least two years, records of all data reports are needed as these are the new facilities. EPA estimates that there calculations used to determine monthly Agency’s record of a source’s initial were 350 affected facilities at the time VOC emissions from each affected capability to comply with the emissions of the previous ICR renewal. The total facility and to determine the monthly standard. The semiannual reports are industry annual burden according to emissions limit, where applicable. used for problem identification, and a EPA’s estimate is 54,921 hours. Burden Statement: There are check on source operation and (9) NSPS Subpart SS, Surface Coating of currently 294 facilities currently subject maintenance, and for compliance Large Appliances; EPA ICR Number to the standard. It is estimated that an determinations. This collected 0659, and OMB Control Number 2060– additional 26 sources per year will information is used by the Agency to 0108, Expires October 31, 1999 become subject to the standard over the efficiently monitor industry compliance The New Source Performance next three years of the ICR. It is assumed with NSPS. In the absence of collecting Standard (NSPS) for Large Appliance that there is no net growth in the such information, continuous Surface Coating was proposed on number of facilities. New sources will monitoring of compliance with the December 24, 1980 and promulgated on replace existing sources. Initial standards could be ensured only October 27, 1982. The standards apply performance and repeat performance through continuous on-site inspections. to each surface coating operation in a tests require approximately 60 person- Burden Statement: The reporting large appliance surface coating line hours each. (Assuming 20% of the requirements for this information commencing construction, modification initial performance test will be repeated collection consist of performance or reconstruction after December 24, due to failure.) The initial notifications testing, notifications and VOC emission 1980. Approximately 294 sources are require 2 hours. Semiannual emissions reporting. EPA estimates that each currently subject to the standard. It is reporting will require 5 hours. initial performance test will take 60 estimated that an additional 26 sources Temperature variance reports require 4 hours to complete and that 45 new or per year will become subject to the person-hours. Eighty percent of sources modified facilities will be required to standard in the next three years. Volatile use incineration. Recordkeeping conduct the tests each year and that organic compounds (VOCs) are the requirements of monthly performance about 20 percent will fail and have to pollutants regulated under NSPS test require one hour and 0.25 hours is re-test. In addition, there are monthly Subpart SS. needed to record operating parameters. performance tests which take Owners or operators of the affected (10) NSPS Subpart TT, Metal Coil approximately 1 hour to conduct, for a facilities described must make the Surface Coating; EPA ICR Number 0660, total of 12 hours per year per facility. following one-time only reports: and OMB Control Number 2060–0107, These are conducted to ensure that the Notification of the date of construction Expires October 31, 1999 pollution control systems are working. or reconstruction; notification of the In terms of the notification anticipated and actual dates of a start The New Source Performance requirements, EPA estimates that on up; notification of any physical or Standards (NSPS) for Metal Coil Surface average it takes two hours a piece to operational change to an existing facility Coating were proposed on January 5, prepare the four different notifications which may increase the regulated 1981 and promulgated on November 1, for a new plant, notification of pollutant emission rate; notification of 1982. The standards apply to the construction, anticipated start-up, actual the date of the initial performance test; following facilities in Metal Coil Surface start-up, initial performance test, and and results of the initial performance Coating operation: Each prime coat submission of the initial performance test. Owners or operators are also operation, each finish coat operation, test. Each facility is required to report required to maintain records of the and each prime and finish coat on a semiannual basis the amount of occurrence and duration of any startup, operation cured simultaneously where emissions that the facility emitted in shut down, or malfunction in the the finish coat is applied wet on wet excess of the emission standard. operation of an affected facility, or any over the prime coat and both coatings Assuming that a facility would submit period during which the monitoring are cured simultaneously. These one report a year for excess emissions in system is inoperative. These standards apply to metal coil surface addition to the required semiannual notifications, reports and records are coating facilities commencing emission report a facility would spend required, in general, of all sources construction, modification or about 5 hours preparing each report for subject to NSPS. reconstruction after January 5, 1981.

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Approximately 143 sources are source, for a period of at least two years, performance tests to assure compliance currently subject to the standard. It is records of all data and calculations. with the performance standard for mass estimated that an additional 6 sources Burden Statement: There are 143 of VOCs per volume of coating solids. per year will become subject to the existing sources, and it is estimated that Additional monitoring is required only standard in the next three years. Volatile an additional 6 sources per year will if a capture system and incineration are organic compounds (VOCs) are the become subject to the requirements. The used. It is assumed 80% of sources use pollutants regulated under NSPS initial performance test requires incineration. Owners or operators of the subpart TT. approximately 60 person-hours. It is affected facilities using incineration are Owners or operators of the affected assumed that 20% of the initial also required to install, calibrate, and facilities described must make the performance tests will be repeated due maintain temperature measurement following one-time only reports: to failure. The initial notifications each devices. If thermal incineration is used, Notification of the date of construction require 2 hours. Semiannual emissions the device shall be installed in the or reconstruction; notification of the reporting will require about 5 hours and firebox. If catalytic incineration is used anticipated and actual dates of a start temperature variance reports require 4 the devices shall be placed both up; notification of any physical or person-hours. Recordkeeping upstream and downstream of the operational change to an existing facility requirements of monthly performance catalyst bed. The temperature must be which may increase the regulated tests require one hour. To record the continuously monitored and recorded. pollutant emission rate; notification of operating parameters requires 0.25 the date of the initial performance test; hours and it is assumed the plant Records must be maintained if the and results of the initial performance operates 250 days a year. VOC content of coatings is below the test. Owners or operators are also specified limits. If one or more coatings (11) NSPS Subpart WW, Beverage Can required to maintain records of the used the volume weighted average of Surface Coating; EPA ICR Number 0663, occurrence and duration of any startup, the total mass of VOC per volume of and OMB Control Number 2060–0001, shut down, or malfunction in the coating solids must be recorded. When Expires September 30, 1999 operation of an affected facility, or any thermal or catalytic incineration is period during which the monitoring The New Source Performance performed, the owner shall keep records system is inoperative. Standards (NSPS) for Beverage Can of each three-hour period during which Monitoring requirements specific to Surface Coating were proposed on the incinerator temperature averaged Metal Coil Surface Coating Operations November 26, 1980 and promulgated on more than 28 degrees Celsius below the requires the owner or operator to August 25, 1983. These standards apply temperature of the most recent compute and record the average VOC to following affected facilities in the performance test at which destruction content of coating applied during each beverage can surface coating lines: each efficiency was determined. The owners calendar month for each affected exterior base coat operation, each or operators shall identify, record and facility. Initial compliance reports are overvarnish coating operation, and each submit quarterly reports of each required. There are specific inside spray coating operation. These instance in which the volume-weighted recordkeeping requirements in section standards apply to coating facilities average of the total mass of VOCs per 60.465 depending on whether low VOC commencing construction, modification volume of coating solids exceeded the content coatings are used or higher VOC or reconstruction after the November 26, standard. If there are no exceedances content coatings are used in conjunction 1980. reports shall be submitted with an emission control device. Where Approximately 24 sources are semiannually. currently subject to the standard. It is compliance is achieved through the use Owners or operators are required to estimated that an additional 2 sources of low VOC-content coating without maintain a file of all measurements per year will become subject to the emission control devices or through the including the monitoring device, and standard in the next three years. Volatile use of higher VOC-content coating in performance testing measurements; all conjunction with emission control organic compounds (VOCs) are the monitoring device calibration check devices, each owner or operator shall pollutants regulated under NSPS adjustments and maintenance include in the initial compliance report subpart WW. performed on these systems recorded in the weighted average of the VOC Owners or operators of the affected a permanent file, suitable for inspection content of coatings used during the facilities described must make the and retained at the facility for a period of one calender month for each following one-time only reports: minimum period of two years. affected facility. Values must be Notification of the date of construction separated if the control device was used or reconstruction; notification of the Burden Statement: The average intermittently. Where compliance is anticipated and actual dates of a start annual burden to industry over the next achieved using an emission control up; notification of any physical or three years from these recordkeeping device that destroys VOCs, each owner operational change to an existing facility and reporting requirements is estimated or operator shall include in the initial which may increase the regulated at 3,092 person-hours. Initial compliance report the overall VOC pollutant emission rate; notification of performance test requires approximately destruction rate used to attain the date of the initial performance test; 60 person-hours. Assume 20% of the compliance and the combustion and results of the initial performance initial performance tests will be temperature of the thermal incinerator test. Owners or operators are also repeated due to failure. The initial or the gas temperature both upstream required to maintain records of the notifications each require 2.0 hours. and downstream of the incinerator occurrence and duration of any startup, Semiannual emissions reports require catalyst bed. Subpart TT also requires shut down, or malfunction in the 5.0 hours and temperature variance reports of incinerator temperature drop. operation of an affected facility, or any reports 4.0 person-hours. Recordkeeping Affected facilities shall report quarterly period during which the monitoring requirements of monthly performance excess emissions or semiannual reports system is inoperative. tests require one hour. To record the if no emissions occur. Any owner or Monitoring requirements specific to operating parameters requires 0.25 operator subject to the provisions of Beverage Can Surface Coating hours and it is assumed the plant NSPS subpart TT, shall maintain at the Operations include monthly operates 365 days a year.

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(12) NSPS Subpart DDD, VOC Emissions for up to 10 respondents. (Assumes a delegated authority, the reports are sent From the Polymer Manufacturing growth rate of 10 facilities per year.) directly to the EPA Regional office. Industry, EPA ICR Number 1150, and Semi-annual reports take approximately Notifications are used to inform the OMB Control Number 2060–0145, 3 hours twice per year for 75 agency or delegated authority when a Expires November 30, 1999 respondents. Recordkeeping for source becomes subject to the standard. The standards apply to affected operating parameters and exceedances The reviewing authority may then facilities involved in the manufacture of take approximately 8 hours once per inspect the source to check if the polypropylene, polystyrene, or poly year and records of startup, shutdown or standard is being met. Performance test (ethylene terephthalate) commencing malfunction take 1.5 hours per results are needed as these are the occurrence per year for 75 respondents. Agency’s record of a sources initial construction, modification or capacity to meet the standard. The reconstruction after January 10, 1989, (13) NSPS Subpart GGG, Petroleum semiannual reports are used for problem depending on the process section. Refineries; EPA ICR Number 0983, and identification, as a check on source Approximately 75 sources are OMB Control Number 2060–0067, operations and maintenance, and for currently subject to the standard and it Expires August 31, 1999 compliance determinations. is estimated that an additional 10 Entities potentially affected by this In the Administrator’s judgement, sources per year will become subject to action are process units at petroleum VOC emissions from process units cause the standard in the next three years. refineries that commenced construction, or contribute to air pollution that may Volatile organic compounds (VOCs) are modification, or reconstruction after reasonably be anticipated to endanger the pollutants regulated under this January 4, 1983. Affected process units public health or welfare. Therefore, New Subpart. include each group of equipment Source Performance Standards have Owners or operators of the affected assembled to produce intermediate or been promulgated for this source facilities must make the following one- final products from petroleum, category as required under section 111 time only reports: Notification of the unfinished petroleum derivatives, or of the Clean Air Act. date of construction or reconstruction; other intermediates. Owners or The control of emissions of VOC from notification of the anticipated actual operators of the affected facilities process units requires not only the dates of startup; notification of any described must make the following one- installation of properly designed physical or operational change to an time-only reports: notifications of the equipment, but also the proper existing facility which may increase the anticipated and actual date of startup, operation and maintenance of that regulated pollutant emission rate; notification of the date of construction equipment so that emissions can be notification of demonstration of the or reconstruction, notification of any minimized. VOC emissions from continuous monitoring system (CMS); physical or operational change to an process units are the result of notification of the date of the initial existing facility which may increase the equipment leaks. These standards rely performance test; and results of the emission rate of any regulated air on the maintenance of the equipment initial performance test. Owners and pollutant, notification of the date of the and adequate monitoring. To ensure operators are also required to maintain initial performance test, and results of compliance with these standards, records of the occurrence and duration the performance tests. Owners or adequate recordkeeping and reporting is of any startup, shutdown, or operators are also required to maintain necessary. In the absence of such malfunction in the operation of the records of the occurrence and duration information collection requirements, affected facility, or any period during of any startup, shutdown, or enforcement personnel would be unable which the monitoring system is malfunction in the operation of an to determine whether the standards are inoperative. affected facility. These notifications, being met on a continuous basis, as In addition, owners/operators of the reports and records are required in required by the Clean Air Act and in affected facilities are required to record general, of all sources subject to NSPS. accordance with any applicable permit. periods of operation during which the NSPS GGG directs sources to comply Burden Statement: The Agency performance standards are exceeded, with the requirements of NSPS VV. computed the burden for each of the results of flare pilot flame monitoring, Semiannual reports are required to recordkeeping and reporting all periods of operation of a boiler or measure compliance with the standards requirements applicable to the industry. process heater, and to continuously of NSPS subpart VV. Monthly Where appropriate, the Agency record the indication of any emission monitoring of equipment in VOC service identified specific tasks and made stream diverted away from the control shall take place as specified in subpart, assumptions, while being consistent device. In general, these records are VV section 60.485(b). If no leaks are with the concept of burden under the required to be maintained for at least detected for two successive months, Paper Work Reduction Act. two years following the dates of such monitoring may be performed once per The estimate was based on the measurements or records. quarter. If a leak is detected, the assumption that there would be three Approximately one facility per year equipment shall be monitored monthly new affected facilities each year and will conduct the initial performance test until a leak is not detected for two that there was an average of 34 sources and it takes approximately 360 hours to successive months. Also, leak location in existence at the start of the three conduct. It is estimated that shall be recorded in a log, and this years covered by the ICR. For the new approximately 20 percent of information shall be kept available for at sources, it was estimated that it would performance tests are repeated due to least two years. Leaks shall be repaired take: one hour to read the instructions, failure. Report writing including within 15 days and the date of 8 person-hours to gather the information notifications of construction/ successful repair shall be recorded in to write the initial reports and 28 modification, anticipated startup, and the log. person-hours to conduct the initial initial performance test takes Semiannual reports shall be performance tests (assuming that 60% of approximately two hours per occurrence submitted itemizing information for the tests must be repeated). For all once a year for up to 10 respondents. each month. All reports are to be sent sources, it was estimated that it would Notification of actual startup takes to the delegated State or local authority. take approximately 19 person-hours to approximately one hour once per year In the event that there is no such fill out the excess emission reports, and

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30020 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices approximately 129 person-hours to due to failure. Written notifications of In addition, owners/operators of enter information for records of construction, modification, notification affected facilities are required to record operating parameters (assuming a source of initial performance test and periods of operation during which the operates 365 days per year and that it demonstration of CMS require 2.0 performance boundaries are exceeded, takes 0.3 hours per occurrence). person-hours each test. Records of results of flare pilot flame monitoring, anticipated and actual startups, all periods of operation of a boiler or (14) NSPS Subpart HHH, Synthetic shutdowns and malfunctions require 2.0 process heater, and to continuously Fiber Production; EPA ICR Number hours each test to enter information. record the indication of vent stream 1156, and OMB Control Number 2060– VOC emission reports require 8.0 flow to the control device. Records of 0059, Expires October 31, 1999 person-hours. It is assumed that each startups, shutdowns, and malfunctions The New Source Performance affected facility must submit one should be noted as they occur. Any Standards (NSPS) for subpart, HHH- quarterly report every other year, in owner or operator subject to the Synthetic Fiber Production Facilities addition to semiannual reports. provisions of this part shall maintain a were proposed on November 23, 1982 file of all of these records, and retain the (15) NSPS Subparts III and NNN, and promulgated on April 5,1984. These file for at least two years following the SOCMI Air Oxidation and Distillation; standards apply to each solvent spun date of such measurements and records. synthetic fiber process that produces EPA ICR Number 0998, and OMB The reporting requirements for this more than 500 megagrams of fiber per Control Number 2060–0197, Expires industry currently include the initial year that commenced construction after August 31, 1999 notifications listed, the initial November 23, 1982. The provisions of This ICR contains recordkeeping and performance test results, and this subpart do not apply to facilities reporting requirements that are semiannual reports. Semiannual reports that use the reaction spinning process to mandatory for compliance with 40 CFR shall include the following: All produce spandex fiber or the viscose 60.610, Subpart III, Standards of exceedances of parameter boundaries; process to produce rayon fiber, nor to Performance for VOC Emissions from all periods during which the vent facilities that commence modification SOCMI Air Oxidation Unit Processes stream is diverted from the control but not reconstruction after November and 40 CFR 60.660, Subpart NNN, device or has no flow rate; all periods 23, 1982. Twenty eight sources are Standards of Performance for VOC from when the boiler or process heater was currently subject to the standard. It is SOCMI Distillation Operations. This not operated; all periods in which the estimated that an additional one source information is used by the Agency to pilot flame of the flare was absent; and per year will become subject to the identify sources subject to the standards any recalculation of the TRE index standard in the next three years. VOCs and to insure that the best demonstrated value. All reports are sent to the are the pollutants regulated under NSPS technology is being properly applied. delegated State or local authority. In the subpart HHH. The standards require periodic event that there is no such delegated Owners or operators of the affected recordkeeping to document process authority, the reports are sent directly to facilities must make the following one- information relating to the sources’ the EPA Regional Office. Notifications time only reports: Notification of the ability to meet the requirements of the are used to inform the Agency or date of construction or reconstruction; standard and to note the operation delegated authority when a source notification of the anticipated and conditions under which compliance becomes subject to the standard. The actual date of a start up; notification of was achieved. reviewing authority may then inspect any physical or operational change to an In the Administrator’s judgment, VOC the source to check if the pollution existing facility which may increase the emissions from SOCMI air oxidation control devices are properly installed regulated pollutant emission rate; unit processes and distillation and operated and the standard is being notification of the demonstration of the operations cause or contribute to air met. Performance test reports are continuous monitoring system (CMS); pollution that may reasonably be needed as these are the Agency’s notification of the date of the initial anticipated to endanger public health or records of a source’s initial capability to performance test; and results of the welfare. Therefore, NSPS were comply with the emission standard, and initial performance test. Owners or promulgated for this source category. note the operating conditions under operators are also required to maintain Owners or operators of the affected which compliance was achieved. The records of the occurrence and duration facilities described must make the semiannual reports are used for problem of any startup, shut down, or following one-time-only reports: identification, as a check on source malfunction in the operation of an Notification of the date of construction operation and maintenance, and for affected facility, or any period during or reconstruction; notification of the compliance determinations. which the monitoring system is anticipated and actual dates of startup; Burden Statement: The Agency inoperative. notification of any physical or computed the burden for each of the Any owner or operator subject to the operational change to an existing facility recordkeeping and reporting provisions of this part shall maintain a which may increase the regulated requirements applicable to the industry file for a minimum of two years pollutant emission rate; notification of for the currently approved ICR. Where following the date of such the date of the initial performance test; appropriate, the Agency identified measurements, maintenance reports and and the results of the initial specific tasks and made assumptions, records. performance test. Owners or operators while being consistent with the concept Burden Statement: The average are also required to maintain records of of burden under the Paperwork annual burden to industry over the next the occurrence and duration of any Reduction Act. three years from these recordkeeping startup, shutdown, or malfunction in The burden estimates for NSPS and reporting requirements is estimated the operation of an affected facility, or subpart III: The estimate was based on at 2448.65 person-hours. The initial any period during which the monitoring the assumption that there would be 10 performance test done by new sources system is inoperative. These new affected facilities each year and requires approximately 72 person-hours notifications, reports and records are that there would be an annual average per test. It is assumed that 20% of the required, in general, of all sources of 75 affected facilities over each of the initial performance test will be repeated subject to NSPS. three years covered by the ICR. For new

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30021 sources, it was estimated that it would to inform the Agency or delegated identify sources subject to the standards take: 1 person hour to read the authority when a source becomes and to insure that the best demonstrated instructions, 60 person hours to conduct subject to the standard. Performance test technology is being properly applied. the initial performance tests (assuming records are needed as these are the The standards require periodic that 20% of the tests must be repeated), Agency’s record of a source’s initial recordkeeping to document process and 7 person hours to gather the capability to comply with the emission information relating to the sources’ information and write the initial reports. standards. ability to meet the requirements of the For all sources, it was estimated that it Recordkeeping requirements specific standard and to note the operation would take: 6 person hours to fill out to petroleum dry cleaners include only conditions under which compliance semiannual reports and 84 person hours the performance test required under was achieved. to enter information for records of section 60.624. There are no reporting In the Administrator’s judgment, VOC operating parameters. requirements specific to subpart JJJ. emissions from SOCMI reactor The burden estimates for NSPS Under the General Provisions for NSPS processes cause or contribute to air subpart NNN: The estimate was based under section 60.7, the owners or pollution that may reasonably be on the assumption that there would be operators are also required to maintain anticipated to endanger public health or 236 new affected facilities each year and records of the occurrence and duration welfare. Therefore, NSPS were that there would be an annual average of any startup, shutdown, or promulgated for this source category. of 1770 affected facilities over each of malfunction in the operation of an Owners or operators of the affected the three years covered by the ICR. For affected facility. These records are facilities described must make the new sources, it was estimated that it required of all sources subject to NSPS. following one-time-only reports: Burden Statement: The estimate was would take: 1 person hour to read the notification of the date of construction based on the assumption that there are instructions, 72 person hours to conduct or reconstruction; notification of the approximately 270 sources currently the initial performance tests (assuming anticipated and actual dates of startup; subject to the standard, and it is that 20% of the tests must be repeated), notification of any physical or estimated that an additional 18 sources and approximately 7 person hours to operational change to an existing facility gather the information and write the per year will become subject to the which may increase the regulated initial reports. For all sources, it was standard in the next three years. For pollutant emission rate; notification of estimated that it would take: 6 person new sources it is estimated that it takes the date of the initial performance test; hours each to fill out semiannual reports a respondent 82.4 person hours for and the results of the initial and 84 person hours each to enter recordkeeping and reporting. This is performance test. Owners or operators information for records of operating based upon 69 person-hours for are also required to maintain records of parameters. reporting, which includes 61 hours for the initial performance test, reading the occurrence and duration of any (16) NSPS Subpart JJJ, Petroleum Dry instructions, and planning activities; startup, shutdown, or malfunction in Cleaners; EPA ICR Number 0997, and two hours each for the notification the operation of an affected facility, or OMB Control Number 2060–0079, reports (construction/modification, any period during which the monitoring Expires November 30, 1999 anticipated startup, actual startup, and system is inoperative. These The information collected is needed initial performance test); and 1 person- notifications, reports and records are to determine which sources are subject hour for recording the performance test required, in general, of all sources to the regulation and whether these recordkeeping. It also assumes that 20% subject to NSPS. In addition, owners/ sources are in compliance with the of the performance tests will required operators of affected facilities are standards. EPA is required to under repeat tests. The frequency of these required to record periods of operation section 111 of the Clean Air Act, as reports is once. The annual burden to during which the performance amended, to establish standard of industry is 1,483 person hours per year. boundaries are exceeded, results of flare performance for new stationary sources. Burden means the total time, effort, or pilot flame monitoring, all periods of Volatile organic compounds (VOC) are financial resources expended by persons operation of a boiler or process heater, the pollutants regulated under this to generate, maintain, retain, or disclose and to continuously record the Subpart. The standards require that any or provide information to or for a indication of vent stream flow to the affected petroleum dry cleaning dryer be Federal agency. control device. Records of startups, a solvent recovery dryer. shutdowns, and malfunctions should be Owners or operators of the affected (17) NSPS Subpart RRR, SOCMI Reactor noted as they occur. Any owner or facilities described must make the Processes; EPA ICR Number 1178, and operator subject to the provisions of this following one-time-only reports: OMB Control Number 2060–0269, part shall maintain a file of all of these notification of the date of construction Expires September 30, 1999 records, and retain the file for at least or reconstruction; notification of the Entities potentially affected by this two years following the date of such anticipated and actual dates of startup; action are those which are subject to the measurements and records. notification of any physical or Standards of Performance of Volatile The reporting requirements for this operational change to an existing facility Organic Compound (VOC) emissions industry currently include the initial which may increase the regulated from the Synthetic Organic Chemical notifications listed, the initial pollutant emission rate; and the Manufacturing Industry (SOCMI) performance test results, and notification of the date of the initial Reactor Processes, subpart RRR with the semiannual reports. Semiannual reports performance test. Owners or operators exceptions listed in 40 CFR 60.760 (c). shall include the following: All are also required to maintain records of This ICR contains recordkeeping and exceedances of parameter boundaries; the occurrence and duration of any reporting requirements that are all periods during which the vent startup, shutdown, or malfunction in mandatory for compliance with 40 CFR stream is diverted from the control the operation of the affected facility. 60.700, subpart RRR, Standards of device or has no flowrate; all periods These notifications, reports and records Performance for VOC Emissions from when the boiler or process heater was are required, in general, of all sources SOCMI Reactor Processes. This not operated; all periods in which the subject to NSPS. Notifications are used information is used by the Agency to pilot flame of the flare was absent; and

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30022 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices any recalculation of the TRE index The calculation of total annual than 10 Mg/yr, then the owner or value. benzene (TAB) quantity in all aqueous operator shall submit to the following All reports are sent to the delegated waste streams determines whether a reports: State or local authority. In the event that facility is subject to control (1) Within 90 days after January 7, 1993, there is no such delegated authority, the requirements of the rule. A facility at or or by the date of initial startup for a new reports are sent directly to the EPA above the TAB threshold in the rule of source with an initial startup after the Regional Office. Notifications are used 10 megagram per year (Mg/yr) is effective date, a certification that the to inform the Agency or delegated required to control each benzene waste equipment necessary to comply with these authority when a source becomes stream at the facility or demonstrate that standards has been installed and that the subject to the standard. The reviewing the waste stream meets a criterion in the required initial inspections or tests have been authority may then inspect the source to rule for exemption from control. A carried out in accordance with this subpart. check if the pollution control devices facility with a TAB below 10 Mg/yr is (2) Beginning on the date that the are properly installed and operated and equipment necessary to comply with these only subject to the rule’s reporting and standards has been certified, the owner or the standard is being met. Performance recordkeeping provisions, unless the operator shall submit annually a report that test reports are needed as these are the facility receives a waste from offsite that updates the regulatory status of each stream. Agency’s records of a source’s initial must be controlled to meet subpart FF (3) Beginning three months after the date capability to comply with the emission in which case that waste must be that the equipment necessary to comply with standard, and note the operating controlled. A facility with a TAB less these standards has been certified, the owner conditions under which compliance than 1 Mg/yr is only subject to maintain or operator shall submit quarterly a was achieved. The semiannual reports documentation of the quantity of certification that all of the required are used for problem identification, as a benzene in the waste. inspections have been carried out in check on source operation and Owners or operators of the affected accordance with the requirements of this maintenance, and for compliance facilities described above must make the subpart. (4) Beginning three months after the date determinations. following one-time-only notices or that the equipment necessary to comply with Burden Statement: The Agency reports: Notifications of anticipated and these standards has been certified, the owner computed the burden for each of the actual startup; notification of emission or operator shall submit a report quarterly recordkeeping and reporting test, report following an emission test; that summarizes all the monitoring of requirements applicable to the industry notification of any physical/operational operations. for the currently approved ICR. Where changes (i.e., modification) that could (5) Beginning one year after the date that appropriate, the Agency identified increase emissions, a monitoring system the equipment necessary to comply with specific tasks and made assumptions, performance test; and a report following these standards has been certified, the owner while being consistent with the concept a monitoring system performance test. or operator shall submit annually a report of burden under the Paperwork These notifications and reports are that summarizes all inspections during which detectable emissions are measured or Reduction Act. general provisions and required of all The existing ICR (1996) burden a problem (such as a broken seal, gap or other sources subject to any NESHAP. problem) that could result in benzene estimates for NSPS Subpart RRR was Reporting requirements specific to emissions is identified, including based on the assumption that there benzene waste operations include information about the repairs or corrective would be 27 new affected facilities each submission, within 90 days after action taken. year and that there would be an annual January 7,1993 or by the initial startup Monitoring and record keeping average of 203 affected facilities over for a new source, of an initial report that requirements specific to benzene waste each of the three years covered by the summarizes the regulatory status of each ICR. For new sources, it was estimated waste stream containing benzene. Each operations includes maintaining records that it would take each affected facility: owner or operator who has no benzene that identify each waste stream at the 1 hour to read the instructions, 426 onsite in wastes, products, byproducts, facility subject to this subpart, and person-hours to conduct the initial or intermediary shall submit an initial indicate whether the waste stream is performance tests (assuming that 20% of report that is a statement to this effect. controlled for benzene emissions in the tests must be repeated), and 16 If the TAB quantity from facility accordance with this subpart. In person-hours to gather the information waste is less tan 1 Mg/yr, then the addition the owner or operator shall and write the initial reports. For all owner and operator shall submit a maintain the following records: sources, it was estimated that it would report that updates its regulatory status (1) For each waste stream not controlled for take each: 4-person hours to fill out whenever there is a change in the benzene emissions in accordance with this semiannual reports and approximately process that may cause the TAB to subpart, the records shall include all test 18 person-hours to enter information for increase. If the TAB is less than 10 Mg/ results, measurements, calculations, and yr but equal to or greater than 1 Mg/yr, other documentation used to determine the records of operating parameters. following information for the waste stream: then the owner or operator shall submit (18) NESHAP Subpart FF, Benzene Waste stream identification, water content, to a report that updates the regulatory whether or not the waste stream is a process Waste; EPA ICR Number 1541, and status of each waste stream containing OMB Control Number 2060–0183, wastewater stream, annual waste quantity, benzene. The report shall be submitted range of benzene concentrations, annual Expires September 30, 1999 annually and whenever there is a average flow-weighted benzene The provisions of this subpart apply change in the process generating the concentration, and annual benzene quantity. to owners and operators of chemical waste stream that could cause the total (2) For each process wastewater stream not manufacturing plants, coke by-product annual benzene quantity from facility controlled for benzene emissions, the records recovery plants, and petroleum waste to increase to 10 Mg/yr or more. shall include all measurements, calculations, refineries. In addition, this subpart and other documentation used to determine If the information in the annual report that the continuous flow of process applies to owners and operators of is not changed in the following year, the wastewater is less than 0.02 liters per minute hazardous waste treatment, storage, and owner or operator may submit a or the annual waste quantity of process disposal facilities that treat, store, or statement to that effect. wastewater is less than 10 Mg/yr. dispose of hazardous waste generated If the total annual benzene quantity (3) For each facility where process from the above facilities. from facility waste is equal to or greater wastewater streams are controlled for

VerDate 06-MAY-99 17:40 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30023 benzene emissions, the records shall include malfunction in the operation of an provisions require that all containers of for each treated process wastewater stream affected facility, or any period during asbestos waste be labeled including the all measurements, calculations, and other which the monitoring system is name of the waste generator and the documentation used to determine the annual inoperative. Therefore, the location of where the waste was benzene quantity in the process wastewater generated. Owners or operators of stream exiting the treatment process. recordkeeping requirements for the (4) For each facility where wastewater facilities mentioned above consist of the demolitions and renovations are streams are controlled for benzene emissions, occurrence and duration of any startup required to prepare and maintain, for at the records shall include all measurements, and malfunction as described. They least two years, records of waste calculations, and other documentation used include the initial performance test shipment as to its destination, the to determine the annual benzene quantity in results including information necessary quantity of waste, the date of shipment, the wastewater streams exiting wastewater to determine the conditions of the and to furnish a copy of the record to treatment systems at the facility. performance test, the performance test disposal site owners or operators. The (5) Owners or operators transferring waste measurements and results, including regulation also requires that generators off-site to another facility for treatment shall monitoring each potential source of of asbestos waste attempt to reconcile maintain documentation for each offsite instances in which a signed copy of the waste shipment that includes the following asbestos emissions for visible emissions information: date waste is shipped offsite, to the outside air and inspecting air waste shipment record is not received quantity of waste shipped offsite, name and cleaning devices to ensure proper from the disposal site and that the address of the facility receiving the waste, operation. Records of startups, generator notify EPA if delivery to the and a copy of the notice sent with the waste shutdowns, and malfunctions should be disposal site cannot be confirmed. shipment. noted as they occur. Any owner or Owners or operators of waste disposal (6) An owner or operator of control operator subject to the provisions of this sites are required to document all equipment, shall maintain engineering subpart shall maintain a file of these asbestos waste shipments that are design documentation for all control received and send a copy of each record equipment installed on the waste measurements for at least two years following the date of such back to the generator. A record of the management unit. The documentation shall location and quantity of asbestos in the be retained for the life of the control measurements, maintenance reports, equipment. and records. The reporting requirements landfill is required as well as noting the presence and location of asbestos in the Burden Statement: Most of the for this industry currently include the initial notifications listed, the initial landfill property deed. Disposal site industry costs associated with the owners or operators have to report to information collection activity in the performance test results, and quarterly reports of instances when visible EPA any discrepancies between the standards are labor. The current average amount of waste designated on the annual burden to industry from these emissions are observed at any time during the quarter. waste shipment record and the amount record keeping and reporting actually received, as well as instances of requirements is estimated at 17,028 Owners or operators of demolitions improperly contained waste. Disposal person-hours. and renovations must notify EPA in sites are required to maintain records for Based upon available information, it advance of the initiation of any asbestos at least two years. An owner or operator has been estimated that 395 facilities are removal work. The notice provides of an operation in which asbestos- subject to the standards and 140 of those information on the dates of operation, containing materials are spray-applied are estimated to have more than 10 Mg/ the nature of the removal operation, the must notify EPA in advance of the yr of benzene in the waste. In addition, quantity of asbestos, and controls to be spraying operation. The notice provides the EPA estimates that these 140 used. The reviewing authority may then information on the name and address of facilities have a total of 2,819 waste inspect the source to ensure compliance the owner or operator, location of the streams per facility for which initial with the standard. Demolitions and spraying operation, and procedure to be benzene concentration determination renovations tend to be short projects, followed. could be made. A total of 57 facilities and it is difficult at best to determine In the Administrator’s judgement, are estimated to have more than 50 Mg/ compliance with the standard once the asbestos emissions from the demolition yr of benzene in their wastes and are project has been completed. Therefore, or renovation of asbestos-containing expected to apply controls without it is important that the delegated structures; the disposal of asbestos applying for exceptions. authority be renotified as necessary waste; asbestos milling, manufacturing, when information in the original and fabricating; the use of asbestos on (19) NESHAP Subpart M, Asbestos; EPA notification changes. Additionally, roadways; the use of asbestos insulation ICR Number 0111, and OMB Control without renotification, the Agency or and spray materials; and the conversion Number 2060–0101, Expires September delegated authority may needlessly of asbestos-containing waste material 30, 1999 inspect a demolition or renovation site into nonasbestos material cause or Owners or operators of the affected where the project has been delayed. The contribute to air pollution that may milling, manufacturing, fabricating, demolition and renovation standard reasonably be anticipated to endanger waste disposal, and waste conversion requires that a representative (such as a public health or welfare. Therefore, a facilities described must make the foreman or management-level person) NESHAP was promulgated under following one-time-only reports: trained in the provisions of the standard section 112 of the Clean Air Act for this Notification of the date of construction be present at the facility. Evidence that source category. The control of or reconstruction; notification of the the required training has been emissions of asbestos from the regulated anticipated and actual dates of startup; completed is required in order to ensure sources requires not only the notification of any physical or compliance with the provisions of the installation of properly designed operational change to an existing facility standard. The regulation requires equipment, but also the operation and which may increase the regulated asbestos removal contractors that claim maintenance of that equipment and pollutant emission rate. Owners or exemption from the wetting provisions following specified work practices. operators are also required to maintain because of freezing temperatures to take These standards rely on the capture and records of the occurrence and duration temperature readings throughout the reduction of asbestos emissions by air of any startup, shutdown, or day and record the information. The cleaning equipment and specified work

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30024 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices practices. Effective enforcement of the ENVIRONMENTAL PROTECTION County, ID, Due: July 19, 1999, standard is particularly necessary in AGENCY Contact: David D. Rittenhouse (208) light of the hazardous nature of 373–4100. asbestos. In order to ensure compliance [ER±FRL±6243±3] EIS No. 990177, DRAFT EIS, NPS, NB, with the standards, adequate Environmental Impact Statements; Homestead National Monument of recordkeeping is necessary. In the Notice of Availability America, General Management Plan, absence of such information, Implementation, Gage County, NB, enforcement personnel would be unable Responsible Agency: Office of Federal Due: July 19, 1999, Contact: Michael to determine whether the standards are Activities, General Information (202) Madell (608) 264–5257. being met on a continuous basis, as 564–7167 OR (202) 564–7153. EIS No. 990178, LEGISLATIVE FINAL required by the Clean Air Act. Weekly receipt of Environmental Impact EIS, AFS, CA, Tahoe National Forest Burden Statement: The Agency Statements and Portion of Plumas and EL Dorado National Forests, Implementation, computed the burden for each of the Filed May 24, 1999 Through May 28, Twenty-Two Westside Rivers for recordkeeping and reporting 1999 Suitability and inclusion in the requirements applicable to the industry. Pursuant to 40 CFR 1506.9. National Wild and Scenic Rivers Where appropriate the Agency EIS No. 990171, FINAL EIS, RUS, MN, System, Wild and Scenic River Study, identified specific tasks and made SD, Lincoln-Pipestone Rural Water Placer, Nevada, Sierra, Plumas, EL assumptions, while being consistent (LPRW), Development and Expansion Dorado and Yuba Counties, CA, Due: with the concept of burden under the of Existing System North/Lyon July 06, 1999, Contact: Phil Horning Paper Work Reduction Act. County Phase and Northeast Phase Expansion Project, Yellow Medicine, (530) 498–6210. The estimate was based on the Lincoln and Lyon Counties, MN and The U.S. Department of Agriculture’s assumption that there was an average of Deuel County, SD, Due: July 06, 1999, Forest Service and the U.S. Department 70,380 sources of demolitions or Contact: Mark S. Plank (202) 720– of Interior’s Bureau of Land renovations per year (completed by 1649. Management are Joint Lead Agencies for approximately 6,900 contractors), and this Project. that 3,447 sources for milling, The above RUS EIS should have EIS No. 990179, FINAL EIS, NOA, MN, manufacturing, fabricating and waste appeared in the 06/04/99 Federal Minnesota’s Lake Superior Coastal disposal were subject to the standard. Register. The 30-day Comment Period is Program, Approval and For demolitions and renovations, it was Calculated from 06/04/99. Implementation, St. Louis and Cook estimated that it would take 1 hour for EIS No. 990173, DRAFT SUPPLEMENT, Counties, MN, Due: July 06, 1999, each of the 6,900 respondents to read NRC, Generic EIS—License Renewal Contact: Joseph A. Uravitch (301) the instructions, 164,565 person-hours of Nuclear Plants for the Oconee 713–3155 ext. 195. to write notifications (assuming that Nuclear Station, Units 1, 2 and 3, EIS No. 990180, FINAL EIS, NPS, LA, there are 12,420 renotifications at 0.25 Implementation, Oconee County, SC, New Orleans Jazz National Historical person-hours per renotification) and Due: August 16, 1999, Contact: James Park, General Management Plan, excepted waste shipment record reports, H. Wilson (301) 415–1108. Implementation, City of New Orleans, 6.7 person-hours per respondent to The above NRC EIS should have Parish of Orleans, LA, Due: July 06, record information and mark vehicles, appeared in the 05/28/99 Federal 1999, Contact: Gayle Hazelwood (504) and 12 person-hours per respondent to Register. The 45-day Comment Period is 589–4806 ext. 22. train supervisors. For milling, Calculated from 05/28/99. EIS No. 990181, DRAFT EIS, FHW, MI, manufacturing, and fabricating, it was EIS No. 990174, FINAL EIS, AFS, CA, Boardman River Crossing Mobility estimated that there was 430 Rock Creek Recreational Trails Study, Improve the East-West respondents, and that it would take 1 Management Plan, Implementation, Mobility across the Boardman River, person-hour each to read the Eldorado National Forest, Georgetown COE Permit, Traverse City and Grand instructions, 106.3 hours per respondent Ranger District, Eldorado County, CA, Traverse County, MI, Due: July 30, to record the information and mark Due: July 06, 1999, Contact: Joe 1999, Contact: James A. vehicles, 3 person-hours per respondent Krueger (530) 333–4312. Kirschensteiner (517) 377–1880. to write the reports and develop the EIS No. 990175, FINAL EIS, EDA, PA, EIS No. 990182, DRAFT EIS, JUS, AL, record system. For waste disposal, it Lackawanna County New Business Center for Domestic Preparedness was estimated that there were 3,017 Park, Development and Operation, (CDP), Expand Training for State and respondents, and that it would take each Funding Support from Economic Local Emergency First Responders, respondent 1 hour to read the Development Administration (EDA) Located at Fort McClellan, Calhoun, instructions, approximately 23 person- under Title I, Site Lies Within Moosic Cleburne, Randolph, Clay, Talladega, hours per respondent to create and Mountain Range, Straddling Jessup St. Clair, Etowah and Cherokee gather the information, and 3.5 person- and Olyphant Boroughs, Lackawanna Counties, AL, Due: July 19, 1999, hours per respondent to write the County, PA, Due: July 06, 1999, Contact: LZ Johnson (256) 848–7043. reports. Contact: Edward Hummel (215) 597– Dated: June 1, 1999. Dated: May 27, 1999. 6767. EIS No. 990176, DRAFT EIS, AFS, ID, William D. Dickerson, Bruce R. Weddle, Long Prong Project, Timber Director, NEPA Compliance Division, Office Acting Director, Office of Compliance. Harvesting, Road Construction and of Federal Activities. [FR Doc. 99–14221 Filed 6–3–99; 8:45 am] Reconstruction, Boise National Forest, [FR Doc. 99–14224 Filed 6–3–99; 8:45 am] BILLING CODE 6560±50±U Cascade Ranger District, Valley BILLING CODE 6560±50±U

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ENVIRONMENTAL PROTECTION Final EISs period. EPA recommended a new 10 AGENCY ERP No. F–DOE–A09829–00 year alternative be provided. Spallation Neutron Source (SNS) ERP No. LF–UAF–K11096–NV Nellis (ER±FRL±6243±4) Facility Construction and Operation, Air Force Range (NAFR), Renewal of the Implementation and Site Selection, Oak Land Withdrawal to Provide a Safe and Environmental Impact Statements and Ridge National Laboratory, Oak Ridge, Secure Location to Test Equipment and Regulations; Availability of EPA TN; Argonne National Laboratory, Train Military Personnel, Clark, Lincoln Comments Argonne, IL; Brookhaven National and Nye Counties, NV. Laboratory, Upton, NY; and Los Alamos Summary: EPA continues to object to Availability of EPA comments National Laboratory, Los Alamos, NM. prepared May 10, 1999 through May 14, Summary: EPA’s previous concerns the excessively long proposed periods 1999 pursuant to the Environmental have been resolved therefore EPA does between public reviews of the land Review Process (ERP), under Section not object to proceeding with detailed withdrawal (i.e. indefinitely or 25 years) 309 of the Clean Air Act and Section design work and site evaluation for this of the roughly 3 million acre area. EPA 102(2)(c) of the National Environmental project. Should these studies produce recommended a new 10 year alternative Policy Act as amended. Requests for significant new information or adverse be provided. copies of EPA comments can be directed environmental impacts, EPA will review Dated: June 1, 1999. to the Office of Federal Activities at DOE’s supplemental EIS. William D. Dickerson, (202) 564–7167. An explanation of the ERP No. F–FHW–K40227–CA I–880 ratings assigned to draft environmental Interchange at Dixon Landing Road Director, NEPA Compliance Division, Office impact statements (EISs) was published Reconstruction Improvements, Funding of Federal Activities. in FR dated April 9, 1999 (64 FR 17362). and COE Section 404 Permit, Fremont, [FR Doc. 99–14225 Filed 6–3–99; 8:45 am] BILLING CODE 6560±50±U Draft EISs Milpitas, Alameda and Santa Clara Counties, CA. ERP No. D–FHW–E50292–FL Rating Summary: EPA expressed continuing EC1, St. Augustine Bridge of Lions (SR concerns with potential impacts to ENVIRONMENTAL PROTECTION AIA Rehabilitating or Replacing the nearly 17 acres of wetlands and salt AGENCY Existing Two Lane Bridge, Crossing of marsh harvest mouse habitat. EPA asked the Matanzas River/Intracoastal that FHWA’s Record of Decision discuss [FRL±6354±2] Waterway, US Coast Guard Permit, whether opportunities may still exist to NPDES and COE Nationwide Permits, avoid and reduce adverse impacts to Transport One Acid Spill Superfund St. Augustine, St. John County, FL. wetlands as project development Site, Mt. Vernon, Rockcastle County, Summary: EPA’s review found that proceeds, in keeping with Clean Water KY, Notice of Proposed Settlement impacts were adequately described. Act Section 404 requirements. Concern was raised over water quality EPA recommended that several issues AGENCY: Environmental Protection degradation during the construction regarding mitigation for wetland Agency. phase of the project. impacts be included in the Record of ACTION: Notice of proposed settlement. ERP No. D–FHW–F40382–MN Rating Decision, including a 2:1 mitigation EC2, Ayd Mill Road Corridor, ratio for wetlands loss rather than the SUMMARY: Under section 122(h)(1) of the Improvements from I–35 E to St. 1:1 ratio proposed in the EIS. Anthony Avenue (I–94) 2.6 kilometer ERP No. F–FHW–L40197–OR Mount Comprehensive Environmental (1.6 miles), Funding, Ramsey County, Hood Corridor Study, US 26 Response, Compensation, and Liability City of Saint Paul, MN. Rhododendron to OR–35 Junction, Act (CERCLA), the Environmental Protection Agency (EPA) has proposed Summary: EPA expressed Improvements, Funding, Clackamas environmental concerns regarding (1) County, OR. to settle claims for response costs at the purpose and need statement, (2) Summary: Review of the Final EIS Transport One Acid Spill Superfund contaminated sites remediation, and (3) was not deemed necessary. No formal Site (the ‘‘Site’’) located in Mt. Vernon, treatment of storm water runoff. EPA comment letter was sent to the Rockcastle County, Kentucky with requested that additional information be preparing agency. Chemtech Products, Inc. EPA will ERP No. F–USA–F11034–IN Camp provided in the final document to consider public comments on the Atterbury Training Areas and Facilities address these concerns. proposed settlement for thirty days. EPA Upgrading, Implementation, may withdraw from or modify the ERP No. D–FHW–K40235–CA Rating Bartholomew, Brown, Johnson, Marion EC2, California Forest Highway 137, proposed settlement should such and Shelby Counties, IN. comments disclose facts or Improvements to Wentworth Springs Summary: EPA has no objection to the Road and the Stumpy Meadows considerations which indicate the proposed action but did encourage proposed settlement is inappropriate, Reservoir Dam eastward (14.4 miles) to ongoing management of resources in the Ice House Road, Eldorado National improper, or inadequate. Copies of the Integrated Natural Resource proposed settlement are available from: Forest, El Dorado County, CA. Management Plan (INRMP) and other Summary: EPA expressed Ms. Paula V. Batchelor, U.S. resource management plans for Camp Environmental Protection Agency, environmental concerns because the Atterbury. document did not reflect the Region 4, Program Services Branch, consideration of pollution prevention Other Waste Management Division, 61 Forsyth measures. EPA recommended that the ERP No. LF–UAF–K11095–AZ Barry Street, SW., Atlanta, Georgia 30303, FEIS include such pollution prevention M. Goldwater Ranger (BMGR), Renewal (404) 562–8887. measures for the project’s design, of the Military Land Withdrawal, Yuma, Written comments may be submitted construction and maintenance, and that Pima and Maricopa Counties, AZ. to Ms. Batchelor at the above address these measures be included in the Summary: EPA continues to object to within 30 days of the date of record of decision. the length of the withdrawal time publication.

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Dated: May 6, 1999. Title: Section 43.21(c), Miscellaneous harmful interference to radio Franklin E. Hill, Common Carrier Annual Letter Filing communications and to verify Chief, Program Services Branch, Waste Requirement. manufacturer’s or supplier’s compliance Management Division. Form No.: N/A. with the rules. The information [FR Doc. 99–14219 Filed 6–3–99; 8:45 am] Type of Review: Reinstatement collected is essential to controlling BILLING CODE 6560±50±M without change, of a previously potential interference to radio approved collection for which approval communications. has expired. OMB Control No.: 3060–0655. FEDERAL COMMUNICATIONS Respondents: Business or other for- COMMISSION profit. Title: Requests for Waiver of Number of Respondents: 32. Regulatory Fees Predicated on Notice of Public Information Estimated Time Per Response: 1 hour. Allegations of Financial Hardship (MD Collection(s) Being Reviewed by the Frequency of Response: Annual Docket No. 94–19). Federal Communications Commission reporting requirement. Form No.: N/A. Total Annual Burden: 32 hours. May 26, 1999. Total Annual Cost: N/A. Type of Review: Reinstatement SUMMARY: The Federal Communications Needs and Uses: Pursuant to 47 CFR without change, of a previously Commission, as part of its continuing 43.21(c), each miscellaneous common approved collection for which approval effort to reduce paperwork burden carrier with operating revenues in has expired. invites the general public and other excess of the indexed threshold as Respondents: Individuals or Federal agencies to take this defined in 47 CFR 32.9000 must file a households, businesses or other-for- opportunity to comment on the letter showing its operating revenues for profit. following information collection(s), as that year and the value of its total Number of Respondents: 40. required by the Paperwork Reduction communications plant at the end of that Act of 1995, Pub. L. 104–13. An agency year. The letter must contain Estimated Time Per Response: 1 hour. may not conduct or sponsor a collection information pertaining to the carrier’s Frequency of Response: On occasion of information unless it displays a revenues, expenses, net income, assets, reporting requirement, recordkeeping currently valid control number. No liabilities and owners’ equity. These requirement. person shall be subject to any penalty letters must be filed by no later than Total Annual Burden: 40 hours. for failing to comply with a collection April of the following year. Those of information subject to the Paperwork miscellaneous common carriers with Total Annual Cost: N/A. Reduction Act (PRA) that does not annual operating revenues that equal or Needs and Uses: The FCC display a valid control number. surpass the indexed revenue threshold implemented provisions contained in Comments are requested concerning (a) for the first time may file the letter up section 6003(a) of the Omnibus Budget Whether the proposed collection of to one month after publication of the Reconciliation Act of 1993, Pub. L. 103– information is necessary for the proper adjusted revenue threshold in the 66 and 103–121, which adds section 9 performance of the functions of the Federal Register, but in no event shall to the Communications Act. Section 9 Commission, including whether the such carriers be required to file the authorizes the FCC to assess and collect information shall have practical utility; letter prior to April 1. annual regulatory fees to recover costs (b) the accuracy of the Commission’s The information is used by FCC staff incurred in carrying out its enforcement, burden estimate; (c) ways to enhance members to regulate and monitor the policy and rulemaking activities and its the quality, utility, and clarity of the telephone industry and by the public to user information services. Licensees and information collected; and (d) ways to analyze the industry. The information permittees may request a waiver of minimize the burden of the collection of on revenue and total plant is compiled those fees. A number of requests for information on the respondents, and published in the Commission’s waiver are based on grounds of financial including the use of automated annual common carrier statistical hardship but lack sufficient collection techniques or other forms of publication and long distance market documentation to support a finding that information technology. share report. a waiver should be granted. As a result, DATES: Written comments should be OMB Control No.: 3060–0636. the FCC in ruling on Petitions for submitted on or before August 6, 1999. Title: Amendment of Parts 2 and 15, Reconsideration in the FY 1994 fee If you anticipate that you will be Equipment Authorization, Declaration proceeding, the FCC set forth the types submitting comments, but find it of Compliance. of documentation it will rely on to difficult to do so within the period of Form No.: N/A. determine if waivers should be granted time allowed by this notice, you should Type of Review: Reinstatement because of financial hardship, in order advise the contact listed below as soon without change, of a previously to give guidance to parties requesting as possible. approved collection for which approval waivers. Where parties have filed ADDRESSES: Direct all comments to Judy has expired. insufficient information with their FY Boley, Federal Communications Respondents: Business or other for- 194 waiver requests, the FCC will afford Commission, Room 1-C804, 445 12th profit. them an opportunity to perfect their Street, SW, Washington, DC 20554 or Number of Respondents: 4,000. waiver requests by making the showing. via the Internet to [email protected]. Estimated Time Per Response: 19 The information will be used by FCC FOR FURTHER INFORMATION CONTACT: For hours. staff to determine if a party is entitled additional information or copies of the Frequency of Response: On occasion to a waiver of its obligation to pay the information collection(s), contact Judy reporting requirement. annual regulatory fee. It will be filed Boley at 202–418–0214 or via the Total Annual Burden: 76,000 hours. annually, but only by those parties who Internet at [email protected]. Total Annual Cost: N/A. request waivers of their obligations to SUPPLEMENTARY INFORMATION: Needs and Uses: Data collection will pay the fee because of financial OMB Control No.: 3060–0515. be used to investigate complaints of hardship.

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Federal Communications Commission. Title: Section 73.1635, Special DATES: Written comments should be Magalie Roman Salas, Temporary Authorizations (STA). submitted on or before July 6, 1999. If Secretary. Form Number: N/A. you anticipate that you will be [FR Doc. 99–14169 Filed 6–3–99; 8:45 am] Type of Review: Extension of submitting comments, but find it BILLING CODE 6712±01±P currently approved collection. difficult to do so within the period of Respondents: Business or other for- time allowed by this notice, you should profit entities. advise the contact listed below as soon FEDERAL COMMUNICATIONS Number of Respondents: 1,645. as possible. COMMISSION Estimated Time per Response: 1 to 4 ADDRESSES: Direct all comments to Les hours. Smith, Federal Communications Notice of Public Information Total annual burden: 2,245 hours. Commission, Room 1–A804, 445 12th Collection(s) Being Submitted to OMB Total annual costs: $946,450. Street, SW., Washington, DC 20554 or for Review and Approval Needs and Uses: Section 73.1635 via the Internet to [email protected]. May 25, 1999. allows licensees/permittees of broadcast FOR FURTHER INFORMATION CONTACT: For stations to file for special temporary SUMMARY: The Federal Communications additional information or copies of the authority to operate broadcast stations at information collections contact Les Commission, as part of its continuing specified variances from station effort to reduce paperwork burden Smith at (202) 418–0217 or via the authorization, not to exceed 180 days. Internet at [email protected]. invites the general public and other Data are used by FCC staff to ensure that Federal agencies to take this SUPPLEMENTARY INFORMATION: such operation will not cause OMB Control Number: 3060–0867. opportunity to comment on the interference to other stations. following information collection, as Title: Request for Waiver of Section required by the Paperwork Reduction Federal Communications Commission. 20.18(c) of the Commission’s Rules Act of 1995, Pub. L. 104–13. An agency Magalie Roman Salas, Regarding Compatibility with Enhanced may not conduct or sponsor a collection Secretary. 911 Emergency Calling Systems. of information unless it displays a [FR Doc. 99–14168 Filed 6–3–99; 8:45 am] Form Number: N/A. currently valid control number. No BILLING CODE 6712±01±P Type of Review: Extension of a person shall be subject to any penalty currently approved collection. for failing to comply with a collection Respondents: Business or other for- of information subject to the Paperwork FEDERAL COMMUNICATIONS profit entities. Reduction Act (PRA) that does not COMMISSION Number of Respondents: 100. display a valid control number. Estimate Time Per Response: 20 hours Comments are requested concerning (a) Notice of Public Information (450 responses/yr.). Whether the proposed collection of Collection(s) Being Submitted to OMB Frequency of Response: information is necessary for the proper for Review and Approval Recordkeeping. Total Annual Burden: 9,000 hours. performance of the functions of the May 25, 1999. Commission, including whether the Total Annual Costs: None. SUMMARY: The Federal Communications Needs and Uses: The various information shall have practical utility; Commission, as part of its continuing (b) the accuracy of the Commission’s coordination, certification, and consent effort to reduce paperwork burden requirements will ensure licensee burden estimate; (c) ways to enhance invites the general public and other the quality, utility, and clarity of the compliance with FCC rules and Federal agencies to take this regulations, and ensure that licensees information collected; and (d) ways to opportunity to comment on the minimize the burden of the collection of continue to fulfill their statutory following information collection, as responsibilities in accordance with the information on the respondents, required by the Paperwork Reduction including the use of automated Communications Act of 1934, as Act of 1995, Pub. L. 104–13. An agency amended. The requirements will also collection techniques or other forms of may not conduct or sponsor a collection information technology. help to ensure that individuals who use of information unless it displays a TTY devices will be able to utilize such DATES: Written comments should be currently valid control number. No devices to make emergency 911 calls on submitted on or before July 6, 1999. If person shall be subject to any penalty digital wireless systems. you anticipate that you will be for failing to comply with a collection submitting comments, but find it of information subject to the Paperwork Federal Communications Commission. difficult to do so within the period of Reduction Act (PRA) that does not Magalie Roman Salas, time allowed by this notice, you should display a valid control number. Secretary. advise the contact listed below as soon Comments are requested concerning (a) [FR Doc. 99–14170 Filed 6–3–99; 8:45 am] as possible. Whether the proposed collection of BILLING CODE 6712±01±P ADDRESSES: Direct all comments to Les information is necessary for the proper Smith, Federal Communications performance of the functions of the Commission, Room 1–A804, 445 12th Commission, including whether the FEDERAL COMMUNICATIONS Street, SW., Washington, DC 20554 or information shall have practical utility; COMMISSION via the Internet to [email protected]. (b) the accuracy of the Commission’s [DA99±1010] burden estimate; (c) ways to enhance FOR FURTHER INFORMATION CONTACT: For the quality, utility, and clarity of the Sunshine Act Meeting additional information or copies of the information collected; and (d) ways to information collections contact Les minimize the burden of the collection of May 28, 1999. Smith at (202) 418–0217 or via the information on the respondents, AGENCY: Federal Communications Internet at [email protected]. including the use of automated Commission. SUPPLEMENTARY INFORMATION: collection techniques or other forms of EXTENSION OF DATE FOR CLOSING OF OMB Control Number: 3060–0386. information technology. COMMENT FILING PERIOD FOR SUNSHINE ACT

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HEARING: Notice of Extension from May FEDERAL DEPOSIT INSURANCE PERSON TO CONTACT FOR INFORMATION: 28, 1999 until June 28, 1999 of the CORPORATION Mr. Ron Harris, Press Officer, Closing Date for Filing Comments Telephone: (202) 694–1220. pursuant to the Second Hearing In A Sunshine Act Meeting Mary W. Dove, Series of Hearings about Telephone Pursuant to the provisions of the Acting Secretary. Service For Indians On Reservations (64 [FR Doc. 99–14378 Filed 6–2–99; 3:29 pm] FR 12809, March 15, 1999). ‘‘Government in the Sunshine Act’’ (5 U.S.C. 552b), notice is hereby given that BILLING CODE 6715±01±M TIME AND DATE: The Hearing was held at 9:30 a.m. on Thursday, June 3, 1999, from 8:00 a.m. to 12:30 p.m. on March the Federal Deposit Insurance 23, 1999. Corporation’s Board of Directors will PLACE: The Hearing was held at the Gila FEDERAL RESERVE SYSTEM meet in closed session, pursuant to River Indian Community at the Sprung sections 552b(c)(8), (c)(9)(A)(ii), and facility, 5550 West Wild Horse Path, Change in Bank Control Notices; (c)(9)(B) of Title 5, United States Code, Chandler, Arizona. Acquisitions of Shares of Banks or to consider matters relating to the Bank Holding Companies STATUS: Chairman William Kennard, Corporation’s corporate, insurance and Commissioner Susan Ness, and supervisory activities. The notificants listed below have Commissioner Harold Furchtgott-Roth The meeting will be held in the Board applied under the Change in Bank presided over the hearing. Room on the sixth floor of the FDIC Control Act (12 U.S.C. 1817(j)) and § Commissioner Gloria Tristani submitted Building located at 550 17th Street, 225.41 of the Board’s Regulation Y (12 a written statement. N.W., Washington, DC. CFR 225.41) to acquire a bank or bank MATTERS CONSIDERED AT THE MARCH 23, Requests for further information holding company. The factors that are 1999 HEARING: Representatives of Indian concerning the meeting may be directed considered in acting on the notices are tribes and of Indian-owned telephone to Mr. Robert E. Feldman, Executive set forth in paragraph 7 of the Act (12 companies operating on reservations, Secretary of the Corporation, at (202) U.S.C. 1817(j)(7)). representatives of non-Indian telephone 898–6757. The notices are available for companies, executives from immediate inspection at the Federal telecommunications service providers, Dated: June 2, 1999. Reserve Bank indicated. The notices representatives of the State of Arizona, Federal Deposit Insurance Corporation. also will be available for inspection at and technology experts testified about Robert E. Feldman, the offices of the Board of Governors. the level of telephone service currently Executive Secretary. Interested persons may express their available on reservations. In addition, [FR Doc. 99–14292 Filed 6–2–99; 11:22 am] views in writing to the Reserve Bank testimony addressed measures that BILLING CODE 6714±01±M indicated for that notice or to the offices tribes, telephone companies, of the Board of Governors. Comments telecommunications service providers, must be received not later than June 21, the FCC, and states can take to improve 1999. access to affordable telephone service FEDERAL ELECTION COMMISSION A. Federal Reserve Bank of Boston on reservations. Specific issues (Richard Walker, Community Affairs included the cost of telephone service to Sunshine Act Meeting Officer) 600 Atlantic Avenue, Boston, remote, low-population areas; the AGENCY: Federal Election Commission. Massachusetts 02106-2204: availability of advanced services 1. KSB Bancorp, Inc. Employee Stock including E911 and Internet access on DATE AND TIME: Wednesday, June 9, 1999 Ownership Plan, Kingfield, Maine; to reservations; implementation of at 10:00 a.m. acquire additional voting shares of KSB alternative technologies; right-of-way PLACE: 999 E Street, N.W., Washington, Bancorp, Inc., Kingfield, Maine. issues; and governmental and D.C. Board of Governors of the Federal Reserve sovereignty issues. The hearing was STATUS: This meeting will be closed to System, May 28, 1999. open to the general public. the public. Robert deV. Frierson, REASONS FOR EXTENSION OF CLOSING DATE ITEMS TO BE DISCUSSED: Associate Secretary of the Board. OF PERIOD FOR FILING COMMENTS: First, Compliance matters pursuant to 2 [FR Doc. 99–14136 Filed 6–3–99; 8:45 am] members of the Native American U.S.C. § 437g. community requested the extension. BILLING CODE 6210±01±F Audits conducted pursuant to 2 Second, the extension will facilitate the U.S.C. § 437g, § 438(b), and Title 26, development of as extensive a record as U.S.C. FEDERAL RESERVE SYSTEM possible. Matters concerning participation in FOR FURTHER INFORMATION CONTACT: Eric civil actions or proceedings or Formations of, Acquisitions by, and Jensen, at (202) 418–0990, e-mail arbitration. Mergers of Bank Holding Companies; [email protected], of the Office of Internal personnel rules and Correction Communications Business procedures or matters affecting a Opportunities; Belford Lawson, at (202) This notice corrects a notice (FR Doc. particular employee. 418–7264, e-mail [email protected], in 99-13088) published on page 27990 of that Office; and William Kehoe, at (202) DATE & TIME: Thursday, June 10, 1999 at the issue for Monday, May 24, 1999. 418–7122, e-mail [email protected], in the 10:00 a.m. Under the Federal Reserve Bank of Common Carrier Bureau. PLACE: 999 E Street, N.W., Washington, Boston heading, the entry for Fleet D.C. (Ninth Floor). Financial Group, Inc., Boston, Federal Communications Commission. Massachusetts, is revised to read as Eric Jensen, STATUS: This meeting will be open to the follows: Deputy Director, Office of Communications public. A. Federal Reserve Bank of Boston Business Opportunities. ITEMS TO BE DISCUSSED: (Richard Walker, Community Affairs [FR Doc. 99–14251 Filed 6–2–99; 9:34 am] Correction and Approval of Minutes. Officer) 600 Atlantic Avenue, Boston, BILLING CODE 6712±01±P Administrative Matters. Massachusetts 02106-2204:

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1. Fleet Financial Group, Inc., Boston, card activities, pursuant to § B. Federal Reserve Bank of Chicago Massachusetts; to acquire 100 percent of 225.28(b)(1) of Regulation Y; and (Philip Jackson, Applications Officer) the voting shares of BankBoston BancBoston Real Estate Capital 230 South LaSalle Street, Chicago, Corporation, Boston, Massachusetts, and Corporation, Boston, Massachusetts, and Illinois 60690-1413: thereby indirectly acquire BankBoston, thereby engage in real estate lending 1. Commerce Bancshares, Inc., National Association, Boston, and collateralized commercial lending, Waukee, Iowa; to become a bank Massachusetts; BankBoston Maine, pursuant to § 225.28(b)(1) of Regulation holding company by acquiring 100 National Association, South Portland, Y. percent of the voting shares of Waukee Maine; and Bank of Boston - Florida, Comments on this application must State Bank, Waukee, Iowa. National Association, Boca Raton, be received by June 23, 1999. Florida. C. Federal Reserve Bank of Dallas Board of Governors of the Federal Reserve (W. Arthur Tribble, Vice President) 2200 In connection with this application, System, May 28, 1999. North Pearl Street, Dallas, Texas 75201- Applicant also has applied to acquire all Robert deV. Frierson, 2272: of BankBoston’s direct and indirect Associate Secretary of the Board. 1. Peoples Bancorp, Inc., Lubbock, nonbank subsidiaries, including [FR Doc. 99–14134 Filed 6–3–99; 8:45 am] BancBoston Robertson Stephens, Inc., Texas, and Peoples Bancorp of BILLING CODE 6210±01±F Boston, Massachusetts, and thereby Delaware, Inc., Dover, Delaware; to engage in underwriting bank ineligible become bank holding companies by acquiring 100 percent of the voting securities, including equity securities FEDERAL RESERVE SYSTEM and high yield debt, both through public shares of Lorenzo Bancshares, Inc., offerings and private placements; Formations of, Acquisitions by, and Lorenzo, Texas, and thereby indirectly providing advice in connection with Mergers of Bank Holding Companies acquire Lorenzo State Bank at Lorenzo, mergers and acquisitions; brokerage Lorenzo, Texas. activities; providing equity research to The companies listed in this notice Board of Governors of the Federal Reserve institutional and high net worth have applied to the Board for approval, System, May 28, 1999. customers, pursuant to §§ 225.28(b)(1), pursuant to the Bank Holding Company Robert deV. Frierson, (2), (6), (7) and (8) of Regulation Y, see Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part Associate Secretary of the Board. Bank of Boston Corp., 74 Fed. Res. Bull. [FR Doc. 99–14135 Filed 6–3–99; 8:45 am] 699 (1988); Bank of Boston Corp., 83 225), and all other applicable statutes Fed. Res. Bull. 42 (1997); BankBoston and regulations to become a bank BILLING CODE 6210±01±F Corp., 84 Fed. Res. Bull. 850 (1998); holding company and/or to acquire the assets or the ownership of, control of, or RIHT Life Insurance Company, Phoenix, FEDERAL RESERVE SYSTEM Arizona, and thereby engage in the power to vote shares of a bank or reinsuring credit life and health bank holding company and all of the Sunshine Act Meeting insurance for borrowers of BankBoston, banks and nonbanking companies N.A. or its subsidiaries in connection owned by the bank holding company, TIME AND DATE: 10:00 a.m., Wednesday, with extensions of credit to such including the companies listed below. June 9, 1999. borrowers, pursuant to § 225.28(b)(11) The applications listed below, as well of Regulation Y; BancBoston Leasing as other related filings required by the PLACE: Marriner S. Eccles Federal Investments, Inc., Boston, Board, are available for immediate Reserve Board Building, 20th and C Massachusetts, and thereby engage in inspection at the Federal Reserve Bank Streets, N.W., Washington, D.C. 20551. leasing personal and real property, indicated. The application also will be STATUS: Closed. available for inspection at the offices of pursuant to §§ 225.28(b)(3) and (12) of MATTERS TO BE CONSIDERED: Regulation Y; BancBoston Investments, the Board of Governors. Interested Inc., Boston, Massachusetts, and thereby persons may express their views in 1. Personnel actions (appointments, engage in venture capital investments, writing on the standards enumerated in promotions, assignments, including secured and unsecured the BHC Act (12 U.S.C. 1842(c)). If the reassignments, and salary actions) lending and voting and nonvoting proposal also involves the acquisition of involving individual Federal Reserve equity investments, pursuant to § a nonbanking company, the review also System employees. 225.28(b)(1) of Regulation Y; Back Bay includes whether the acquisition of the 2. Any matters carried forward from a Capital Funding LLC, Wilmington, nonbanking company complies with the previously announced meeting. Delaware, and thereby engage in asset- standards in section 4 of the BHC Act. CONTACT PERSON FOR MORE INFORMATION: based lending, pursuant to § Unless otherwise noted, nonbanking Lynn S. Fox, Assistant to the Board; 225.28(b)(1) of Regulation Y; activities will be conducted throughout 202–452–3204. BankBoston (NH), N.A., Nashua, New the United States. Hampshire, and thereby engage in Unless otherwise noted, comments SUPPLEMENTARY INFORMATION: You may certain credit card activities, pursuant to regarding each of these applications call 202–452–3206 beginning at § 225.28(b)(1) of Regulation Y; Partners must be received at the Reserve Bank approximately 5 p.m. two business days First Holdings LLC, Linthicum, indicated or the offices of the Board of before the meeting for a recorded Maryland, and thereby engage in credit Governors not later than July 1, 1999. announcement of bank and bank card activities, pursuant to § A. Federal Reserve Bank of holding company applications 225.28(b)(1) of Regulation Y; Partners Richmond (A. Linwood Gill III, scheduled for the meeting; or you may First Receivables LLC, Linthicum, Assistant Vice President) 701 East Byrd contact the Board’s Web site at http:// Maryland, and thereby engage in credit Street, Richmond, Virginia 23261-4528: www.federalreserve.gov for an card activities, pursuant to § 1. James River Bankshares, Inc., electronic announcement that not only 225.28(b)(1) of Regulation Y; Partners Suffolk, Virginia; to acquire 100 percent lists applications, but also indicates First Funding LLC, Linthicum, of the voting shares of State Bank of procedural and other information about Maryland, and thereby engage in credit Remington, Inc., Remington, Virginia. the meeting.

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Dated: June 2, 1999. CONTACT PERSON FOR MORE INFORMATION: persons contemplating certain mergers Robert deV. Frierson, Thomas J. Trabucco, Director, Office of or acquisitions to give the Federal Trade Associate Secretary of the Board. External Affairs, (202) 942–1640. Commission and the Assistant Attorney [FR Doc. 99–14293 Filed 6–6–99; 11:24 am] Dated: June 2, 1999. General advance notice and to wait BILLING CODE 6210±01±P Elizabeth S. Woodruff, designated periods before consummation of such plans. Section Secretary to the Board, Federal Retirement Thrift Investment Board. 7A(b)(2) of the Act permits the agencies, FEDERAL RETIREMENT THRIFT [FR Doc. 99–14379 Filed 6–2–99; 3:47 pm] in individual cases, to terminate this INVESTMENT BOARD waiting period prior to its expiration BILLING CODE 6760±01±M and requires that notice of this action be Sunshine Act Meeting published in the Federal Register. TIME AND DATE: 10:00 a.m. (EDT), June The following transactions were 14, 1999. FEDERAL TRADE COMMISSION granted early termination of the waiting PLACE: period provided by law and the 4th Floor, Conference Room Granting of Request for Early premerger notification rules. The grants 4506, 1250 H Street, N.W., Washington, Termination of the Waiting Period were made by the Federal Trade D.C. Under the Premerger Notification Commission and the Assistant Attorney STATUS: Open. Rules MATTERS TO BE CONSIDERED: General for the Antitrust Division of the 1. Approval of the minutes of the May Section 7A of the Clayton Act, 15 Department of Justice. Neither agency 10, 1999, Board member meeting. U.S.C. 18a, as added by Title II of the intends to take any action with respect 2. Thrift Savings Plan activity report Hart-Scott-Rodino Antitrust to these proposed acquisitions during by the Executive Director. Improvements Act of 1976, requires the applicable waiting period.

TRANSACTIONS GRANTED EARLY TERMINATION, 03/29/99±04/22/99

Transaction No. Acquiring person Acquired person Acquired entities

Transactions Granted Early Termination, 03/29/99

19991819 ...... J.H. Whitney III, L.P...... MedSource Technologies, Inc ...... MedSource Technologies, Inc. 19991844 ...... Terex Corporation ...... Amida Industries, Inc...... Amida Industries, Inc., a South Carolina corpora- tion. 19991860 ...... Stroh Companies, Inc., (The) ...... Minott Wessinger ...... McKenzie River Corporation. 19991875 ...... Olivetti S.p.A...... Telecom Italia S.p.A...... Telecom Italia S.p.A. 19991877 ...... Olivetti S.p.A...... Concentric Network Corporation ...... Concentric Network Corporation. 19991951 ...... American Business Products, Inc .... Tekkote Corp...... Tekkote Corp. 19991955 ...... Cyrus A. Ansary ...... National City Corporation ...... National Processing Company. 19991967 ...... Textron Inc...... First Union Corporation ...... LCI Corporation International, Inc. 19991968 ...... Swiss Reinsurance Company ...... Royal & Sun Alliance Insurance Royal Maccabees Life Insurance Company. Group plc. 19991973 ...... RCBA Strategic Partners, L.P ...... HWH Capital Partners, L.P ...... SMC Holdings Corp. 19991974 ...... Dycom Industries, Inc...... Ervin Cable Construction, Inc ...... Ervin Cable Construction, Inc. 19991978 ...... Michael Foods, Inc...... John Kaneb ...... H.P. Hood Inc. 19991980 ...... Kent Electronics Corporation ...... Vol H. Montgomery ...... SabreData, Inc. 19991987 ...... AGCO Corporation ...... Roy E. and Donice E. Applequist, Great Plains Manufacturing, Inc. husband and wife. 19991991 ...... The Manitowoc Company, Inc ...... Kyees Aluminum, Inc...... Kyees Aluminum, Inc. 19991992 ...... Danisco A/S ...... Cultor Corporation ...... Cultor Corporation. 19991993 ...... Heritage Fund II, L.P...... Avista Corp...... Creative Solutions Group, Inc. 19991995 ...... Aon Corporation ...... Presidium Holdings, Inc ...... Presidium Holdings, Inc. 19991996 ...... Southcorp Limited ...... John C. Cushman III & Jeanine S. Cushman Winery Corporation. Cushman (husband and wife). 19991998 ...... Electra Investment Trust PLC ...... Allflex USA, Inc...... Allflex USA, Inc. 19992001 ...... Amgen Inc...... Praecis Pharmaceuticals Incor- Praecis Pharmaceuticals Incorporated. porated. 19992002 ...... AlliedSignal Inc...... Johnnie Lou LaRoche ...... LaRoche Industries Inc. 19992003 ...... Union Carbide Corporation ...... Johnnie Lou LaRoche ...... LaRoche Industries Inc. 19992005 ...... United American Energy Corp ...... National Power PLC ...... ANP Mecklenburg Cogeneration Company. TEVCO Cogeneration Company. 19992007 ...... Philip J. D'Elia ...... Johnson Service Group PLC ...... Johnson Group, Inc. 19992008 ...... Maverik Country Stores, Inc ...... Tosco Corporation ...... Circle K Stores, Inc. 19992011 ...... Naomi C. Dempsey ...... Robert H. Dorst ...... Great Lakes Corrugated Corp. 19992013 ...... Kasper A.S.L. Ltd...... Tomio Taki ...... Anne Klein Company LLC. 19992026 ...... Francois Pinault ...... Brylane Inc., a Delaware corporation Brylane Inc., a Delaware corporation. 19992029 ...... PCMC Holdings, L.P...... Plum Creek Timber Company, Inc. .. Plum Creek Timber Company, Inc 19992039 ...... Burmah Castrol plc ...... James R. Pyne ...... REMET Corporation. 19992047 ...... Summit Ventures V, L.P ...... Paul C. Steinwachs ...... EMED Co., Inc. 19992048 ...... Summit Ventures V, L.P ...... Donald E. Steinwachs ...... EMED Co., Inc. 19992054 ...... Bessemer Securities LLC ...... The Beacon Group IIIÐFocus Value Identify Group, Inc. Fund, L.P. 19992056 ...... Whole Foods Market, Inc ...... Leo Kahn ...... Nature's Heartland, Inc.

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TRANSACTIONS GRANTED EARLY TERMINATION, 03/29/99±04/22/99ÐContinued

Transaction No. Acquiring person Acquired person Acquired entities

19992070 ...... Arkansas Best Corporation ...... Treadco, Inc...... Treadco, Inc.

Transactions Granted Early Termination, 03/30/99

19991797 ...... Charles M. Lillis ...... MediaOne Gropu, Inc...... MediaOne Group, Inc. 19991849 ...... BellSouth Corporation ...... TDS Voting Trust ...... United States Cellular Operating Corporation. 19991873 ...... Baker Communications Fund, L.P ... Ascend Communications, Inc...... S2 Systems, Inc. 19991906 ...... Sempra Energy ...... KN Energy, Inc ...... KN Energy, Inc. 19991942 ...... Stewart Enterprises, Inc ...... F. Peter Newcorner ...... D.W. Newcomer's Sons, Inc. and DWN Prop- erties, Inc. 19991960 ...... St. Luke's Episcopal Health System MedPartners, Inc...... Caremark Inc., Caremark Resources Corpora- tion. 19991961 ...... Methodist Health Care System ...... MedPartners, Inc...... Caremark Inc., Caremark Resources Corpora- tion. 19991969 ...... Bell Atlantic Corporation ...... Bell Atlantic Corporation ...... Columbia Cellular Telephone Company. 19991994 ...... National Computer Systems, Inc ...... Don H. Barden ...... NovaNet Learning, Inc. 19991997 ...... General Electric Company ...... iVillage, Inc...... iVillage, Inc. 19992012 ...... News Corporation Limited ...... David E. Shaw ...... Juno Online Services, Inc. 19992016 ...... Deutsche Luthansa AG ...... Gerald W. Schwartz ...... Onex Food Services, Inc.Vereniging AEGON 19992019 ...... Vereniging AEGON ...... Transamerica Corporation ...... Transamerica Corporation. 19992027 ...... Larry Van Tyl ...... Boomershine Automotive Group, Inc. Boomershine Colliston Centers of Gwinnett, Inc. Boomershine Ford, Inc. Bommershine Isuzu, Inc. 19992032 ...... Heating Oil Partners, L.P ...... Alliance Energy Corp...... Alliance Energy Corp. 19992040 ...... Stiching Administratiekantoor van Hagemeyer N.V...... MBC Foods, Inc., Fine Distributing, Inc., Direct aandelen Koniklijke. Specialty. 19992055 ...... Paul G. Allen ...... Go2Net, Inc...... Go2Net, Inc. 19992079 ...... Sabratek Corporation ...... Ralin Medical, Inc...... LifeWatch, Inc. 19992080 ...... Rain Medical, Inc...... Sabratek Corporation ...... Sabratek Corporation.

Transactions Granted Early Termination, 03/31/99

19991793 ...... World Color Press, Inc ...... Legg Mason Capital Partners, L.P ... UP/Graphics, Inc. 19991833 ...... Health Management Associates, Inc The Lower Florida Keys Health Sys- dePoo Hospital, Florida Keys Memorial Hospital. tem, Inc. 19991896 ...... Cendant Corporation ...... Apollo Investment Fund III, L.P ...... NRT Incorporated.

Transactions Granted Early Termination, 04/01/99

19991785 ...... Wilh. Werhahn ...... Nalco Chemical Company ...... Nalco Chemical Company. 19992060 ...... American Plumbing & Mechanical, David A. Croson ...... Franklin Fire Sprinkler Company. Inc. J.A. Croson Company. 19992077 ...... Allianz Aktiengesellschaft ...... Orion Capital Corporation ...... Wm. H. McGee & Co., Inc.

Transactions Granted Early Termination, 04/02/99

19991331 ...... Reilly Industries, Inc ...... AlliedSignal Inc...... AlliedSignal Inc. 19991850 ...... Sisters of St. Francis Health Serv- MedPartners, Inc...... MedPartners Physician Management, L.P. ices, Inc. 19991894 ...... Galaxy Telecom Investment, L.L.C. Tele-Communications Inc. or AT&T Mississippi Cablevision, Inc. Corporation. 19991927 ...... Regis Corporation ...... Florence F. Francis ...... The Barbers, Hairstyling for Men & Women, Inc. 19991935 ...... Aalberts Industries, N.V ...... Taprite-Fassco Mfg., Inc ...... Taprite-Fassco Mfg., Inc. 19991945 ...... General Electric Company ...... Sumitomo Corporation ...... Phoenixcor, Inc. 19991946 ...... Paul G. Allen ...... Morgan Stanley Capital Partners III, Renaissance Media Group LLC. L.P. 19991970 ...... GAMBRO AB ...... ZENECA Group PLC ...... Century Dialsis Corporation. Salick Health Care, Inc. USHAWL, Inc. 19991977 ...... Marshalls Finance Limited ...... Arthur Hughes ...... Fulton Prebon Group Limited. 19991999 ...... Textron Inc...... Andrew K. Rayburn ...... Flexalloy Inc. 19992000 ...... Activated Communications Limited E. Burke Ross, Jr., Family Trust 1 ... New Jersey Broadcasting Partners, L.P. II. Partnership. 19992009 ...... Fenway Partners Capital Fund, L.P Joseph F. Umosella ...... Patriot Manufacturing, Inc. 19992010 ...... Siemens Aktiengesellschaft (a Ger- Castle Networks, Inc...... Castle Networks, Inc. man company). 19992030 ...... Palace Sports & Entertainment, Inc Arthur L. Williams, Jr...... ALW Sports Management, Inc. Tampa Bay Lightning, Limited Liability Company. 19992041 ...... ABRY Broadcast Partners II, L.P ..... David S. Smith ...... Mission Broadcasting of Wichita Falls, Inc. 19992049 ...... General Motors Corporation ...... John B.T. Campbell III and Anne Campbell Automotive Group, Inc. Catherine Campbell.

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TRANSACTIONS GRANTED EARLY TERMINATION, 03/29/99±04/22/99ÐContinued

Transaction No. Acquiring person Acquired person Acquired entities

19992051 ...... VS&A Communications Partners II, William A. Patterson, Jr ...... International Travel Service, Inc. L.P. 19992071 ...... Dover Corporation ...... Summit Ventures IV, L.P ...... Somero Enterprises, Inc. 19992075 ...... Stewart Enterprises, Inc ...... Froedtert Memorial Lutheran Hos- Wisconsin Memorial Park, Inc. pital Trust. 19992078 ...... Gilead Sciences, Inc...... NeXstar Pharmaceuticals, Inc ...... NeXstar Pharmaceuticals, Inc. 19992084 ...... Hooperston Foods, Inc ...... Pro-Fac Cooperative, Inc ...... Agrilink Foods, Inc. 19992085 ...... Navigant International, Inc ...... Vincent E. Vitti ...... VTS Travel Enterprises, Inc. 19992086 ...... Marketing Services Group, Inc ...... CMGI, Inc ...... CMG Direct Corporation. 19992094 ...... CoreComm Limited ...... USN Communications, Inc. (Debtor- USN Communications, Inc. (Debtor-in-Posses- in-Possession). sion). 19992098 ...... Activision, Inc...... Expert Software, Inc...... Expert Software, Inc. 19992099 ...... ING Groep N.V...... PennCorp Financial Group, Inc...... CyberLink Development, Inc. Marketing One, Inc. UC Mortgage Corp. United Life & Annuity Insurance Company. United Variable Services, Inc. 19992101 ...... Hughes Supply, Inc ...... Flori Corporation ...... Flori Corporation. 19992103 ...... ACME Television Holdings, LLC ...... Lowell W. Paxson ...... Paxson Communications Corporation. 19992120 ...... EMP Group, L.L.C ...... American Media, Inc...... American Media, Inc. 19992121 ...... Cornerstone Equity Investors IV, LP Equitrac Corporation ...... Equitrac Corporation 19992123 ...... Sisters of Providence, Scared Heart Hood River Memorial Hosptial ...... Hood River Memorial Hosptial Province. 19992127 ...... Assciated Food Store, Inc ...... Kenneth W. Macey and Robin A. Macey's Inc., Macey's-Provo, LLC, Macey's- Macey, husband and wife. Clearfield, LLC. 19992131 ...... Vestar Capital Partners III, L.P ...... Sheridan Healthcare, Inc ...... Sheridan Healthcare, Inc. 19992134 ...... Cablevision Systems Corporation .... Cablevision Systems Corporation .... Madison Square Garden, L.P. 19992137 ...... Catherine L. Hughes ...... Sinclair Telecable, Inc...... WCDX±FM, Mechanicsville, Virginia. WGCV±AM Petersburg, Virginia. WJRV±FM Richmond, Virginia. WPLZ±FM Petersburg, Virginia.

Transactions Granted Early Termination, 04/04/99

19992050 ...... Paul G. Allen ...... Go2Net, Inc...... Go2Net, Inc.

Transactions Granted Early Termination, 04/05/99

19991957 ...... UGI Corporation ...... Unisource Worldwide, Inc ...... Unisource Worldwide, Inc. 19992042 ...... General Electric Company ...... Value Vision International, Inc ...... Value Vision International, Inc. 19992052 ...... ITT Industries, an Indiana corpora- Earth Watch Incorporated ...... Earth Watch Incorporated, a Delaware corpora- tion. tion. 19992063 ...... Compagnie Financiere Rupert ...... Caroline Arpels Daumen ...... Van Cleef & Arpels, Inc. 19992064 ...... Compagnie Financiere Rupert ...... Eric Arpels ...... Van Cleef & Arpels, Inc. 19992092 ...... EMCOR Group, Inc ...... Monumental Investment Corporation Monumental Investment Corporation. 19992106 ...... L. Ross Love ...... Clear Channel Communications, Inc Clear Channel Broadcasting, Inc. Jacor Broadcasting of Louisville, Inc. 19992122 ...... Andersen Corporation ...... Morgan Products Ltd ...... Morgan Products Ltd. 19992145 ...... Sovereign Specialty Chemical, L.P .. The Valspar Corporation ...... Valspar Flexible Packaging Coatings Business. 19992148 ...... The ServiceMaster Company ...... American Residential Services, Inc .. American Residential Services, Inc.

Transactions Granted Early Termination, 04/07/99

19992014 ...... PP&L Resources, Inc ...... Bangor Hydro-Electric Company ...... Bangor Hydro-Electric Company. 19992067 ...... A.M. Todd Group, Inc ...... William H. and Margaret E. Brevoort East Earth Herb, Inc. 19992144 ...... Kerr-McGee Corporation ...... Kerr-McGee Corporation ...... Sun Energy Partners, L.P.

Transactions Granted Early Termination, 04/08/99

19991072 ...... Reed International P.L.C ...... Benjamin and Ann Lewin ...... Cell Press, Inc. 19991073 ...... Elsevier NV ...... Benjamin and Ann Lewin ...... Cell Press, Inc.

Transactions Granted Early Termination, 04/09/99

19990666 ...... Allied Waste Industries, Inc ...... Browning Ferris Industries, Inc ...... BFI Waste Systems of North America, Inc. 19990667 ...... Browning Ferris Industries, Inc ...... Allied Waste Industries, Inc ...... Allied Waste Industries, Inc. 19991644 ...... Chart Industries, Inc ...... MVE Investors, LLC ...... MVE Investors, LLC. 19991964 ...... Reed International P.L.C ...... Benjamin and Ann Lewin ...... Cell Press, Inc. 19991965 ...... Elsevier NV ...... Benjamin and Ann Lewin ...... Cell Press, Inc. 19991984 ...... First Union Corporation ...... Fred Thomas Tattersall ...... Tattersall Advisory Group, Inc. 19992017 ...... British Telecommunications plc ...... Corporation Impsa S.A ...... IMPSAT Corporation. 19992036 ...... TRW Inc ...... Safeguard Scientifics, Inc ...... ClientLink, Inc.

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TRANSACTIONS GRANTED EARLY TERMINATION, 03/29/99±04/22/99ÐContinued

Transaction No. Acquiring person Acquired person Acquired entities

19992045 ...... Chase Manhattan Corporation (The) Mark Eric and Patricia A. Benjamin Benjamin Metals Company. (husband and wife). 19992081 ...... Western Wireless Corporation ...... Century Telephone Enterprises, Inc Brownsville Cellular Telephone Company, Inc. McAllen Cellular Telephone Co., Inc. 19992093 ...... Windward Capital Partners II, L.P .... Bayer AG ...... Bayer Inc., a Canadian corporation. 19992130 ...... Vincent Camuto ...... Jones Apparel Group, Inc ...... Jones Apparel Group, Inc. 19992141 ...... Wind Point Partners Ill, L.P ...... MascoTech, Inc ...... BLD Products, Ltd. Hebco Products, Inc. International Brake Industries, Inc. Longman Enterprises, Inc. McGuane Industries, Inc. Mr. Bracket, Inc. Novo Products, Inc. Pylon Manufacturing Corp. 19992142 ...... MCN Energy Group Inc ...... SEMCO Energy, Inc ...... SEMCO Energy Services, Inc. 19992147 ...... Foster & Gallagher, Inc ...... Donald L. Krumi ...... Gurney Seed & Nursery Corp. 19992149 ...... Mistral International Finance A.G ..... Wangner Finckh GmbH ...... Wangner Systems Corporation. 19992150 ...... Enron Corp ...... Philip Services Corp ...... Philip Utilities Management Corporation. 19992155 ...... Cowles Publishing Company ...... Raycom Media, Inc ...... Federal Broadcasting Company. 19992156 ...... Public Service Enterprise Group Inc The Frank A. McBride Company ...... The Frank A. McBride Company. 19992164 ...... WD±40 Company ...... Block Drug Company, Inc ...... Block Drug Company, Inc. 19992165 ...... ZENECA Group PLC ...... CIma Labs, Inc ...... Cima Labs, Inc. 19992170 ...... Alain Merieux ...... Silliker bioMerieux, Inc ...... Silliker bioMerieux, Inc. 19992172 ...... Marlin Water Trust ...... Philip Services Corp ...... Philip Utilities Management Corporation. 19992174 ...... Rollins, Inc ...... H.F. Johnson Distributing Trust f/b/o PRISM Integrated Sanitation Management, Inc. Samuel C. Johnson. S.C. Johnson Commercial Markets, Inc. 19992178 ...... MEDIQ Incorporated ...... HTD Corporation ...... HTD Corporation. 19992181 ...... Group 1 Automotive, Inc ...... Frederick A. Nagher ...... Rodeo Chrysler-Plymouth, Inc. 19992183 ...... Apollo Investment Fund IV, L.P ...... Building One Services Corporation .. Building One Services Corporation. 19992186 ...... KPMG LLP ...... Softline Consulting & Integrators, Inc Softline Consulting & Integrators, Inc. 19992192 ...... Gerald W. Schwartz ...... Windward Capital Associates, L.P ... J.L. French Automotive Castings, Inc. 19992195 ...... The National Grid Group pic ...... New England Electric System ...... New England Electric System. 19992206 ...... SCI Systems, Inc ...... Hewlett-Packard Company ...... VeriFone Electronics Co. Ltd. 19992207 ...... Swedish Match AB (publ) ...... General Cigar Holdings, Inc ...... General Cigar Co., Inc. 19992222 ...... NORPAC Foods, Inc ...... Agripac, Inc ...... Agripac, Inc. 19992223 ...... Ogden Corporation ...... Dawson Consolidated Holdings Lim- Southbrook Corporation. ited. 19992244 ...... IXC Communications, Inc ...... Riva Bursten 1994 Trust u/a/d/ Sep- Coastal Telecom Limited Company. tember 19, 1994. Coastal Telecom Limited Liability Company (Tennessee). Coastal Telecom Limited Liability Company (Wis- consin). Coastal Telephone Services Limited Company. 19992245 ...... IXC Communications, Inc ...... Andrew M. Bursten 1994 Trust u/a/d Coastal Telecom Limited Company. September 19, 1994. Coastal Telecom Limited Liability Company (Tennessee). Coastal Telecom Limited Liability Company (Wis- consin). Costal Telephone Services Limited Company. 19992253 ...... Gerald F. Bean ...... Republic Industries, Inc ...... Kendall Imports, LLC and G.F.B. Enterprises, LLC.

Transactions Granted Early Termination, 04/12/99

19991471 ...... Lucent Technologies Inc ...... Ascend Communications, Inc...... Ascend Communications, Inc.

Transactions Granted Early Termination, 04/13/99

19992061 ...... Plains Resources Inc...... USX Corporation ...... Scurlock Permian LLC. 19992074 ...... Alcan Aluminum Limited ...... Atlantic Richfield Company ...... ARCO Aluminum, Inc. 19992097 ...... Gerald W. Schwartz ...... Cabletron Systems, Inc...... Cabletron Systems, Inc. 19992161 ...... Johnstown America Industries, Inc. .. Fred D. Culbreath ...... Imperial Fabrication Company of Tennessee, Inc. Imperial Group, Inc., Fleet Design, Inc. 19992190 ...... Apollo Investment Fund IV, L.P Eos Partners, L.P...... Pacer International, Inc. 19992232 ...... Triumph Partners III, L.P C. Philip Rainwater ...... Benchmark Media, Inc.

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TRANSACTIONS GRANTED EARLY TERMINATION, 03/29/99±04/22/99ÐContinued

Transaction No. Acquiring person Acquired person Acquired entities

Transactions Granted Early Termination, 04/14/99

19984336 ...... Safeway, Inc...... Carr-Gottstein Foods Co...... Carr-Gottstein Foods Co. 19992119 ...... CBC Companies, Inc...... First Data Corporation ...... Innovis Data Solutions, Inc. 19992129 ...... Jones Apparel Group, Inc. Nine West Group Inc...... Nine West Group Inc. 19992138 ...... PixTech, Inc...... Micron Technology, Inc...... Micron Technology, Inc. 19992139 ...... Micron Technology, Inc. PixTech, Inc...... PixTech, Inc. 19992159 ...... Hicks, Muse, Tate & Furst Equity Edward R. Price ...... PAGG Corporation. Fund III, L.P. 19992189 ...... Citigroup Inc...... Fund American Enterprises Hold- Source One Mortgage Services Corporation. ings, Inc. 19992208 ...... General Motors Corporation ...... J. Paul Reddam ...... DiTech Escrow Corporation. DiTech Funding Corporation. 19992210 ...... Hilb, Rogal and Hamilton Company Phoenix Home Life Mutual Insur- American Phoenix Corporation. ance Company. 19992214 ...... Complete Business Solutions, Inc. ... Medaphis Corporation ...... Impact Innovations Group, Inc.

Transactions Granted Early Termination, 04/15/99

19991986 ...... Cottingham Trust (1996) ...... Billy Bert Meridith ...... Precision Machining, Inc., a Kansas corporation. 19992108 ...... Tyco International Ltd...... Dexide, Inc...... Dexide, Inc. 19992118 ...... Ontario Teachers' Pension Plan John Wiley & Sons, Inc...... John Wiley & Sons, Inc. Board. 19992160 ...... AMETEK, Inc...... Mark IV Industries, Inc...... Gulton-Statham Transducers, Inc. 19992191 ...... Havas Advertising S.A ...... Patrick J. McGrath ...... Jordan McGrath Case & Partners Inc. 19992203 ...... DLJ Merchant Banking Partner II, PPI Holdings, Inc ...... PPI Holdings, Inc. L.P. 19992226 ...... Gretag Imaging Holding AG ...... Didier Primat ...... Cymbolic Sciences, Inc. 19992237 ...... George L. Argyros ...... Alan R. Trent ...... Chiuminatta Concrete Concepts, Inc. 19992238 ...... George L. Argyros ...... Edward Chiuminatta ...... Chiuminatta Concrete Concepts, Inc.

Transactions Granted Early Termination, 04/16/99

19992204 ...... John P. Barclay, Jr ...... Amsted Industries Inc ...... Amsted Industries Inc. 19992018 ...... Verio Inc ...... America Online, Inc ...... CompServe Interactive Service, Inc. 19992211 ...... The SKM Equity Fund II, L.P ...... V. Kirt Fiegel ...... AK Rubber Products Company, Inc. 19992212 ...... Apollo Investment Fund IV, L.P ...... Neptune Orient Lines Limited ...... APL Land Transport Services, Inc. 19992217 ...... Thomas R. Galloway, Sr ...... Ralph C. Wison, Jr ...... WEVV, Inc. 19992224 ...... Paul G. Allen ...... Broadband Solutions, LLC ...... High Speed Access Corp. 19992239 ...... Linsalata Capital Partners Fund III, Ronald Berg ...... Alpha Shirt Co., Inc. L.P. 19992246 ...... General Parts, Inc ...... The Parts Source, Inc., d/b/a Ace The Parts Source, Inc., d/b/a Ace Auto Parts. Auto Parts. 19992255 ...... BP Amoco p.l.c ...... Enron Corporation ...... Amoco/Enron Solar. 19992256 ...... Heinz Durr and Heide Durr ...... ServiceMaster Company (The) ...... Premier Manufacturing Support Services Limited Partnership. 19992263 ...... Fleming Companies, Inc ...... REBCO Foods, Inc ...... REBCO Foods, Inc. 19992264 ...... Fleming Companies, Inc ...... Rebmart, d/b/a Food 4 Less ...... Rebmart, d/b/a Food 4 Less. 19992265 ...... Duke Energy Corporation ...... Fox Paine Capital Fund, L.P ...... United American Energy Corp. 19992269 ...... ACE Limited ...... Capital Re Corporation ...... Capital Re Corporation. 19992270 ...... AHL Services, Inc ...... Lisa A. Smith ...... PIMMS Corporation. PIMMS LLC. 19992271 ...... SOFTBANK Corp ...... Lowes Corporation ...... InsWeb Corporation. 19992272 ...... Sun Microsystems, Inc ...... Naspers Limited ...... OpenTV, Inc. 19992274 ...... Nortek, Inc ...... Caradon plc ...... Caradon Doors and Windows Inc., Caradon Lim- ited.

Transactions Granted Early Termination, 04/19/99

19992162 ...... IWKA Aktiengesellschaft ...... Savair Products Co ...... Savair, Inc. 19992275 ...... Providence Equity Partners III, LP ... MGC Communications, Inc ...... MGC Communications, Inc. 19992277 ...... Frederick J. Iseman ...... Analysis & Technology, Inc ...... Analysis & Technology, Inc. 19992278 ...... The Fourth Viscount Rothermere ..... e data resources, Inc ...... e data resources, Inc. 19992282 ...... ACE Limited ...... Rain and Hail Insurance Service, Inc Rain and Hail Insurance Service, Inc. 19992287 ...... The Allstate Corporation ...... Marc A. Chary ...... Kuranoff & Chary, Inc. d/b/a/ Southeastern Tape Distributors. 19992288 ...... The Allstate Corporation ...... Steve Kuranoff ...... Kuranoff & Chary, Inc. d/b/a/ Southeastern Tape Distributors. 19992294 ...... ABRY Broadcast Partners, II, L.P .... Diane Sutter ...... Shooting Star Broadcasting/KTAB, L.P. 19992295 ...... Pilgrim America Capital Corporation Arthur E. Nicholas ...... Nicholas-Applegate Capital Management. 19992303 ...... Enron Corp...... Sierra Well Service, Inc ...... Sierra Well Service, Inc.

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TRANSACTIONS GRANTED EARLY TERMINATION, 03/29/99±04/22/99ÐContinued

Transaction No. Acquiring person Acquired person Acquired entities

19992307 ...... CBS Corporation ...... King World Productions, Inc ...... King World Productions, Inc.

Transaction Granted Early Termination, 04/20/99

19991626 ...... Electronic Data Systems Corporation MCI WorldCom, Inc...... MCI Systemhouse Corp. SHL Systemhouse Co. 19991627 ...... MCI WorldCom, Inc...... Electronic Data Systems Corporation Electronic Data Systems Corporation. 19992053 ...... Paul G. Allen ...... Peter A. Bordes ...... Greater Media Cablevision, Inc., Greater Media, Inc. 19992069 ...... Novartis AG ...... Leslie L. Dan ...... Novopharm Ltd. 19992113 ...... Leonard Tow ...... John J. Rigas ...... Adelphia Communications Corporation. 19992114 ...... Trust created by Claire Tow, as John J. Rigas ...... Adelphia Communications Corporation. Grantor. 19992115 ...... Trust created by Leonard Tow, as John J. Rigas ...... Adelphia Communications Corporation. Grantor. 19992116 ...... John J. Rigas ...... Century Communications Corp...... Century Communications Corp. Citizens-Century Cable Television Venture. 19992128 ...... The Allstate Corporation ...... Cambridge Communications Limited Cambridge Communications Limited Partnership. Partnership. 19992153 ...... The Charles River Partnership VIII, CIENA Corporation ...... CIENA Corporation. L.P. 19992281 ...... Morgan Stanley Dean Witter & Co ... EarthWatch Incorporated ...... EarthWatch Incorporated. 19992306 ...... MST Offshore Partners C.V ...... Letitia Corporation ...... High Voltage Engineering Corporation. 19992311 ...... GKN plc ...... Fairview Sintered Metals, Inc ...... Fairview Sintered Metals, Inc.

Transaction Granted Early Termination, 04/21/99

19991631 ...... Rohm and Haas Company ...... Morton International Inc., an Indiana Morton International Inc., an Indiana corporation. corporation. 19992107 ...... Addus Healthcare, Inc. an Illinois Integrated Health Services, Inc...... Arcadia Services, Inc. Corporation. 19992132 ...... The Allstate Corporation ...... Pfingsten Executive Fund, L.P ...... Barjan Products, L.P. 19992158 ...... PROVANT, Inc ...... Ralf Leszinski ...... Petrus 1961, Inc. 19992169 ...... DBXYZ Cooperative, Inc ...... Danish Creamery Association ...... Danish Creamery Association. 19992261 ...... ConAgra, Inc ...... William F. Morris III ...... Holly Ridge Foods, Inc. 19992289 ...... Res-Care, Inc...... Vincent D. Pettinelli ...... PeopleServe, Inc. 19992290 ...... Vincent D. Pettinelli ...... ResCare, Inc...... Res-Care, Inc.

Transactions Granted Early Termination, 04/22/99

19990366 ...... Clear Channel Communications, Inc Jacor Communications, Inc ...... Jacor Communications, Inc. 19992083 ...... Sterling Software, Inc ...... Interlink Computer Sciences, Inc ..... Interlink Computer Sciences, Inc. 19992143 ...... Tomah Partners, L.P...... Royal Dutch Petroleum Company .... Shell Chemical Company 19992146 ...... AT&T Corp ...... Cable TV Fund 14±A, Ltd ...... Cable TV Fund 14±A, Ltd. 19992175 ...... DBXYZ Cooperative, Inc ...... San Joaquin Valley Dairymen ...... San Joaquin Valley Dairymen. 19992180 ...... J.W. Childs Equity Partners, II, L.P .. Baptist Healthcare System, Inc ...... Alabama Dialysis Services, an Alabama general partnership. 19992218 ...... Allied Waste Industries, Inc ...... Toby DeMicco, Jr ...... Mount Pleasant Sanitation, Inc., Mid Hudson Equipment, Inc. Valley Carting Corp., Hudson Waste Haulage, Inc. 19992219 ...... Allied Waste Industries, Inc ...... James Hickey ...... Hudson Waste Haulage, Inc., Mount Pleasant Sanitation, Inc. Mid-Hudson Equipment, Inc. 19992268 ...... Orbital Sciences Corporation ...... Spar Aerospace Limited ...... Spar Aerospace Limited. 19992280 ...... The Chase Manhattan Corporation .. Clayton, Dubilier & Rice Fund V Kinko's Inc. Limited Partnership. 19992308 ...... Cox Enterprises Inc ...... Clear Channel Communications, Inc Clear Channel Broadcasting Licenses, Inc. Clear Channel Broadcasting, Inc. 19992309 ...... Clear Channel Communications, Inc Cox Enterprises, Inc ...... Cox Radio, Inc. 19992312 ...... James Mersfelder ...... Automatic Data Processing, Inc ...... Automatic Data Processing, Inc. 19992313 ...... John Slapp ...... Automatic Data Processing, Inc ...... Automatic Data Processing, Inc. 19992315 ...... Veritas DGC Inc ...... Enertec Resources Services, Inc ..... Enertec Resources Services, Inc. 19992317 ...... John C. Hampton ...... Charles Spence ...... Pacific Lumber & Shipping Co. 19992329 ...... General Motors Corporation ...... Mellon Bank Corporation ...... Mellon Mortgage Company.

FOR FURTHER INFORMATION CONTACT: Federal Trade Commission, Premerger 303, Washington, DC 20580, (202) 326– Sandra M. Peay or Parcellena P. Notification Office, Competition, Room 3100. Fielding, Contact Representatives,

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By Direction of the Commission. Note: In the interest of security, the Dated: May 25, 1999. Donald S. Clark, Department has instituted stringent Donna E. Shalala, Secretary. procedures for entrance to the Hubert H. Secretary. Humphrey Building by non-government [FR Doc. 99–14188 Filed 6–3–99; 8:45 am] [FR Doc. 99–14179 Filed 6–3–99; 8:45 am] employees. Thus, individuals without a BILLING CODE 6750±01±M government identification card may need to BILLING CODE 4160±01±M have the guard call for an escort to the meeting room. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Dated: May 28, 1999. HUMAN SERVICES HUMAN SERVICES James Scanlon, National Committee on Vital and Health Director, Division of Data Policy. Centers for Disease Control and Statistics: Meeting [FR Doc. 99–14180 Filed 6–3–99; 8:45 am] Prevention Pursuant to the Federal Advisory BILLING CODE 4151±04±M Committee Act, the Department of Disease, Disability, and Injury Health and Human Services announces Prevention and Control Special the following advisory committee DEPARTMENT OF HEALTH AND Emphasis Panel (SEP): Safety and meeting. HUMAN SERVICES Health Interventions in the Construction Industry Name: National Committee on Vital and Substance Abuse and Mental Health Health Statistics (NCVHS). Times And Dates: 9:00 a.m.—5:30 p.m., Services Administration, Title XIX, Part In accordance with section 10(a)(2) of June 23, 1999; 9:00 a.m.—5:00 p.m., June 24, B, of the Public Health Service Act, as the Federal Advisory Committee Act 1999. Amended Hereafter; Delegation of (Pub. L. 92–463), the Centers for Disease Place: Conference Room 505A, Hubert H. Authority Control and Prevention (CDC) Humphrey Building, 200 Independence announces the following meeting. Avenue S.W., Washington, D.C. 20201. Notice is hereby given that I have Name: Disease, Disability, and Injury Status: Open. delegated to the Administrator, Prevention and Control Special Purpose: The meeting will focus on a Substance Abuse and Mental Health variety of health data policy and privacy Emphasis Panel (SEP): Safety and Services Administration, all of the issues. Department officials will update the Health Interventions in the Construction authorities (except as provided below) Committee on recent activities of the HHS Industry, Program Announcement Data Council and the status of HHS activities vested in the Secretary of Health and #99062, meeting. in implementing the administrative Human Services under Title XIX, Part B, simplification provision of Pub. L. 104–191, of the Public Health Service Act, as Times and date: 8 a.m.–9 a.m., July the Health Insurance Portability and amended hereafter. This delegation 28, 1999 (Open). 9 a.m.–4:30 p.m., July Accountability Act of 1996 (HIPAA). The 28, 1999 (Closed). Committee also will be briefed on data issues includes the authority to make in the Health Care Financing Administration determinations that States have Place: Centers for Disease Control and and the Centers for Disease Control, a recent materially complied with the Prevention, 1600 Clifton Rd., Atlanta, HHS-supported report from the National maintenance of effort requirements of Ga., Building 2 Room B46. Academy of Sciences dealing with data and sections 1915(b) and 1930 of the Act, measurement issues in health performance but only when the State expenditure Status: Portions of the meeting will be measurement in the public sector, and shortfall is 3% or less of the amounts closed to the public in accordance with Healthy People 2010 data issues. required by law and the Administrator provisions set forth in section 552b(c)(4) Panel discussions are planned on data for and (6), Title 5 U.S.C., and the measuring the quality of care, the role of has considered all relevant factors in determining material compliance, such Determination of the Associate Director demographic data in HIPAA administrative for Management and Operations, CDC, transactions, and developments in smart care as (for example) whether the State has technology in the health sector. In addition, maintained service levels, the State’s pursuant to Pub. L. 92–463. Subcommittee breakout sessions and reports expenditure history, and the State’s Matters to be discussed: The meeting to the full Committee are planned. future funding commitment. This will include the review, discussion, and All topics are tentative and subject to delegation excludes the authority to evaluation of applications received in change. Please check the NCVHS web site, promulgate regulations, to submit response to Program Announcement where a detailed agenda will be posted, prior # to the meeting. reports to Congress, to take final action 99062. to withhold funds from States, to make Contact person for more information: Contact person for more information: determinations that the State has not Substantive information as well as Price Connor, Ph.D., National Institute summaries of NCHS meetings and a roster of materially complied with the for Occupational Safety and Health, committee members may be obtained by maintenance of effort requirements visiting the NCVHS website (http:// whether or not the shortfall is 3% or CDC, 1600 Clifton Road, NE, m/s D30 aspe.os.dhhs.gov/ncvhs) where an agenda for less, and to act under the Atlanta, Georgia 30333. Telephone 404/ the meeting will be posted when available. nondiscrimination provisions of the 639–2383, e-mail [email protected]. Additional information may be obtained by The Director, Management Analysis calling James Scanlon, NCVHS Executive Act. Staff Director, Office of the Assistant This delegation is effective upon date and Services office has been delegated Secretary for Planning and Evaluation, of signature. This delegation supersedes the authority to sign Federal Register DHHS, Room 440–D, Humphrey Building, all previous delegations of these notices pertaining to announcements of 200 Independence Avenue SW, Washington, authorities. In addition, I hereby affirm meetings and other committee DC 20201, telephone (202) 690–7100, or and ratify any actions taken by the management activities, for both the Marjorie S. Greenberg, Executive Secretary, Centers for Disease Control and NCHVS, NCHS, CDC, Room 1100, Administrator or the Administrator’s Presidential Building, 6525 Belcrest Road, subordinates which involved the Prevention and the Agency for Toxic Hyattsville, Maryland 20782, telephone 301/ exercise of the authority delegated prior Substances and Disease Registry. 436–7050. to the effective date of the delegation.

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Dated: May 28, 1999. Dated: May 28, 1999. Office of Management and Budget John C. Burckhardt, John C. Burckhardt, (OMB) for each collection of Acting Director, Management Analysis and Acting Director, Management Analysis and information they conduct or sponsor. Services Office, Centers for Disease Control Services Office, Centers for Disease Control ‘‘Collection of information’’ is defined and Prevention CDC. and Prevention CDC. in 44 U.S.C. 3502(3) and 5 CFR [FR Doc. 99–14143 Filed 6–3–99; 8:45 am] [FR Doc. 99–14144 Filed 6–3–99; 8:45 am] 1320.3(c) and includes agency requests BILLING CODE 4163±19±P BILLING CODE 4163±19±P or requirements that members of the public submit reports, keep records, or provide information to a third party. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Section 3506(c)(2)(A) of the PRA (44 HUMAN SERVICES HUMAN SERVICES U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in Centers for Disease Control and Food and Drug Administration Prevention the Federal Register concerning each [Docket No. 99N±1393] proposed collection of information, Disease, Disability, and Injury including each proposed extension of an Prevention and Control Special Agency Information Collection existing collection of information, Emphasis Panel (SEP): Research on Activities: Proposed Collection; before submitting the collection to OMB Young Worker Safety and Health Risks Comment Request; State Petitions for for approval. To comply with this Exemption from Preemption in Construction requirement, FDA is publishing notice of the proposed collection of In accordance with section 10(a)(2) of AGENCY: Food and Drug Administration, the Federal Advisory Committee Act HHS. information set forth in this document. (Pub. L. 92–463), the Centers for Disease ACTION: Notice. With respect to the following Control and Prevention (CDC) collection of information, FDA invites announces the following meeting. SUMMARY: The Food and Drug comments on: (1) Whether the proposed Name: Disease, Disability, and Injury Administration (FDA) is announcing an collection of information is necessary Prevention and Control Special opportunity for public comment on the for the proper performance of FDA’s Emphasis Panel (SEP): Research on proposed collection of certain functions, including whether the Young Worker Safety and Health Risks information by the agency. Under the information will have practical utility; in Construction, Program Paperwork Reduction Act of 1995 (the (2) the accuracy of FDA’s estimate of the # PRA), Federal agencies are required to Announcement 99065, meeting. burden of the proposed collection of publish notice in the Federal Register Times and date: 8 a.m.–9 a.m., August information, including the validity of 10, 1999 (Open). 9 a.m.–4:30 p.m., concerning each proposed collection of the methodology and assumptions used; August 10, 1999 Closed). information including each proposed (3) ways to enhance the quality, utility, Place: Centers for Disease Control and extension of an existing collection of Prevention, 1600 Clifton Rd., Atlanta, information, and to allow 60 days for and clarity of the information to be Ga., Building 16, Room 1107A. public comment in response to the collected; and (4) ways to minimize the Status: Portions of the meeting will be notice. This notice solicits comments on burden of the collection of information closed to the public in accordance with reporting requirements contained in on respondents, including through the provisions set forth in section 552b(c)(4) existing FDA regulations governing use of automated collection techniques, and (6), Title 5 U.S.C., and the State petitions for exemption from when appropriate, and other forms of Determination of the Associate Director preemption. information technology. for Management and Operations, CDC, DATES: Submit written comments on the State Petitions for Exemption From pursuant to Pub. L. 92–463. collection of information by August 3, Preemption (21 CFR 100.1(d)) (OMB Matters to be discussed: The meeting 1990. will include the review, discussion, and Control Number 0910–0277—Extension) evaluation of applications received in ADDRESSES: Submit written comments on the collection of information to the Under section 403A(b) of the Federal response to Program Announcement Food, Drug and Cosmetic Act (the act) #99065. Dockets Management Branch (HFA– (21 U.S.C. 343–1(b)), States may petition Contact person for more information: 305), Food and Drug Administration, FDA for exemption from Federal Price Connor, Ph.D., National Institute 5630 Fishers Lane, rm. 1061, Rockville, for Occupational Safety and Health, MD 20852. All comments should be preemption of State food labeling and CDC, 1600 Clifton Road, NE, m/s D30 identified with the docket number standard of identity requirements. Atlanta, Georgia 30333. Telephone 404/ found in brackets in the heading of this Section 100.1(d) (21 CFR 100.1(d)) sets 639–2383, e-mail [email protected]. document. forth the information a State is required The Director, Management Analysis FOR FURTHER INFORMATION CONTACT: to submit in such a petition. The and Services office has been delegated Peggy R. Schlosburg, Office of information required under § 100.1(d) the authority to sign Federal Register Information Resources Management enables FDA to determine whether the notices pertaining to announcements of (HFA–250), Food and Drug State food labeling or standard of meetings and other committee Administration, 5600 Fishers Lane, identity requirement comports with the management activities, for both the Rockville, MD 20857, 301–827–1223. statutory criteria for exemption from Centers for Disease Control and SUPPLEMENTARY INFORMATION: Under the Federal preemption. FDA estimates the Prevention and the Agency for Toxic PRA (44 U.S.C. 3501–3520), Federal burden of this collection of information Substances and Disease Registry. agencies must obtain approval from the as follows:

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TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN1

Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Respondents Response Responses Response

100.1(d) 1 1 1 40 40 1There are no capital costs or operating and maintenance costs associated with this collection of information.

The reporting burden for § 100.1(d) is 2-(C17 and C17-unsaturated alkyl)-[2- DEPARTMENT OF HEALTH AND insignificant because petitions for (C18 and C18-unsaturated amido)ethyl]- HUMAN SERVICES exemption from preemption are seldom 4,5-dihydro-1-methyl, methyl sulfates as submitted by States requesting the a debonding agent in the manufacture of Food and Drug Administration agency grant an exemption from paper intended for use in contact with preemption by labeling requirements food. [FDA 225±98±8003] based upon certain sections of the act. FOR FURTHER INFORMATION CONTACT: Vir Over the last 3 years, FDA has not D. Anand, Center for Food Safety and Agreed Minutes; Meeting Between the received any preemption petitions. Applied Nutrition (HFS–215), Food and Food and Drug Administration and the Since the enactment of section 403A(b) Drug Administration, 200 C St. SW., Health Authorities of Switzerland of the act as part of the Nutrition Washington, DC 20204, 202–418–3081. Labeling and Education Act of 1990, AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: FDA has received only eight petitions Under the HHS. for seeking exemption from preemption. Federal Food, Drug, and Cosmetic Act ACTION: Notice. Although FDA believes that the burden (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), will be insignificant, it believes these notice is given that a food additive petition (FAP 9B4669) has been filed by SUMMARY: The Food and Drug information collection provisions Administration (FDA) is providing should be extended to provide for the Witco Corp., One American Lane, Greenwich, CT 06831–2559. The notice of agreed minutes between FDA potential future need of a State or local and health authorities of Switzerland. government to petition for an exemption petition proposes to amend the food additive regulations in § 176.170 The purpose of the agreed minutes is to from preemption under the provisions continue and enhance cooperation in of section 403A(b) of the act. Components of paper and paperboard in contact with aqueous and fatty foods the fields of drugs, medical devices, and Dated: May 22, 1999. (21 CFR 176.170) and § 176.180 biological products consistent with William K. Hubbard, Components of paper and paperboard FDA’s framework for achieving mutual Associate Commissioner for Policy in contact with dry food (21 CFR recognition of good manufacturing Coordination. 176.180) to provide for the safe use of practices inspections. [FR Doc. 99–14145 Filed 6–3–99; 8:45 am] imidazolium compounds, 2-(C17 and DATES: The agreement became effective BILLING CODE 4160±01±F C17-unsaturated alkyl)-[2-(C18 and C18- August 7, 1998. unsaturated amido)ethyl]-4,5-dihydro-1- DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: methyl, methyl sulfates as a debonding HUMAN SERVICES Patrick Wilson, Office of International agent in the manufacture of paper Affairs (HFG–1), Food and Drug intended for use in contact with food. Food And Drug Administration Administration, 5600 Fishers Lane, The agency has determined under 21 Rockville, MD 20857, 301–827–4480. [Docket No. 99F±1581] CFR 25.32(i) that this action is of the type that does not individually or SUPPLEMENTARY INFORMATION: In Witco Corp.; Filing of Food Additive cumulatively have a significant effect on accordance with 21 CFR 20.108 (c), Petition the human environment. Therefore, which states that all written agreements AGENCY: Food and Drug Administration, neither an environmental assessment and understandings between FDA and HHS. nor an environmental impact statement others shall be published in the Federal ACTION: Notice. is required. Register, the agency is publishing notice of these agreed minutes. SUMMARY: The Food and Drug Dated: May 20, 1999. Dated: May 27, 1999. Administration (FDA) is announcing Alan M. Rulis, that Witco Corp. has filed a petition Director, Office of Premarket Approval, William K. Hubbard, proposing that the food additive Center for Food Safety and Applied Nutrition. Associate Commissioner for Policy regulations be amended to provide for [FR Doc. 99–14148 Filed 6–3–99; 8:45 am] Coordination. the safe use of imidazolium compounds, BILLING CODE 4160±01±F BILLING CODE 4160±01±F

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[FR Doc. 99–14146 Filed 6–3–99; 8:45 am] DATES: Written comments on the draft Rose E. Cunningham, Center for Drug BILLING CODE 4160±01±C guidance document may be submitted Evaluation and Research (HFD–6), by September 2, 1999. General Food and Drug Administration, comments on agency guidance 5600 Fishers Lane, Rockville, MD DEPARTMENT OF HEALTH AND documents are welcome at any time. 20857, 301–594–5468; or HUMAN SERVICES Toni M. Stifano, Center for Biologics ADDRESSES: Copies of this draft Evaluation and Research (HFM– guidance for reviewers are available on Food and Drug Administration 602), Food and Drug the Internet at ‘‘http://www.fda.gov/ Administration, 1401 Rockville [Docket No. 99D±1540] cder/guidance/index.htm’’. Submit Pike, Rockville, MD 20852–1448, written requests for single copies of the 301–827–3028, or via e-mail at Draft Guidance for Reviewers on draft guidance to the Drug Information ‘‘[email protected]’’. Evaluation of Human Pregnancy Branch (HFD–210), Center for Drug SUPPLEMENTARY INFORMATION: Outcome Data; Availability Evaluation and Research, Food and FDA is Drug Administration, 5600 Fishers announcing the availability of a draft AGENCY: Food and Drug Administration, guidance for reviewers entitled HHS. Lane, Rockville, MD 20857. Submit written comments on the draft guidance ‘‘Evaluation of Human Pregnancy ACTION: Notice. to the Dockets Management Branch Outcome Data.’’ As part of its evaluation of pregnancy (HFA–305), Food and Drug SUMMARY: The Food and Drug labeling, in September 1997 the agency Administration, 5630 Fishers Lane, rm. Administration (FDA) is announcing the held a 21 CFR part 15 hearing on the availability of a draft guidance for 1061, Rockville, MD 20852; or the Office current category requirements for reviewers entitled ‘‘Evaluation of of Communication, Training and pregnancy labeling (see 62 FR 41061, Human Pregnancy Outcome Data.’’ The Manufacturers Assistance (HFM–40), July 31, 1997). The agency sought draft guidance is intended to provide Center for Biologics Evaluation and comment on the practical utility, effects, the FDA clinical reviewer with factors Research, Food and Drug and limitations of the pregnancy to consider when systematically Administration, 1401 Rockville Pike, categories. The agency sought input on evaluating pregnancy outcome data Rockville, MD 20852–1448; ‘‘http:// ways to address problems, including related to maternal drug exposure. The www.fda.gov/cber/guidelines.htm’’ ; possible alternatives to the categories for draft guidance will be discussed during FAX: 1–888–CBERFAX or 301–827– communicating information on the June 3, 1999, meeting of the 3844; Mail: the Voice Information reproductive and developmental Subcommittee of the Advisory System at 800–835–4709 or 301–827– toxicity. Committee for Reproductive Health 1800. Subsequently, the agency has been Drugs. FOR FURTHER INFORMATION CONTACT: working on the development of various

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The draft working on the development of various ‘‘Evaluation of Human Pregnancy guidance will be discussed during the draft guidance documents, including the Outcome Data.’’ This draft guidance June 3, 1999, meeting of the draft guidance for industry entitled document will be discussed during the Subcommittee of the Advisory ‘‘Establishing Pregnancy Registries.’’ At June 3, 1999, meeting of the Committee for Reproductive Health the time of marketing approval, FDA Subcommittee of the Advisory Drugs. may request sponsors to conduct certain Committee for Reproductive Health DATES: Written comments may be post-marketing studies (phase 4) to Drugs (64 FR 23340, April 30, 1999). submitted on the draft guidance provide data on the potential risks of the This Level 1 draft guidance is being document by September 2, 1999. product in human pregnancy. issued consistent with FDA’s good General comments on agency guidance Pregnancy registries are recognized as guidance practices (62 FR 8961, documents are welcome at any time. one method of obtaining information on February 27, 1997). The draft guidance risks associated with exposure to drugs represents the agency’s current thinking ADDRESSES: Copies of this draft or biologics during pregnancy. on the evaluation of human pregnancy guidance for industry are available on outcome data. It does not create or the Internet at ‘‘http://www.fda.gov/ The draft guidance is intended to confer any rights for or on any person cder/guidance/index.htm’’. Submit provide sponsors with guidance on and does not operate to bind FDA or the written requests for single copies of the establishing pregnancy registries that public. An alternative approach may be draft guidance to the Drug Information help ensure the quality and integrity of used if such approach satisfies the Branch (HFD–210), Center for Drug registry data and adequately document requirements of the applicable statute, Evaluation and Research, Food and registry research methods. The draft regulations, or both. Drug Administration, 5600 Fishers guidance focuses on registries designed Interested persons may submit written Lane, Rockville, MD 20857. Submit to assess products for suspected or comments on the draft guidance to the written comments on the draft guidance unknown risks to pregnancy outcomes. Dockets Managements Branch (address to the Dockets Management Branch The registry design is not appropriate above). Two copies of any comments are (HFA–305), Food and Drug for products (e.g., tretinoin or to be submitted, except that individuals Administration, 5630 Fishers Lane, rm. thalidomide) where the goal is to may submit one copy. Comments are to 1061, Rockville, MD 20852; or Office of monitor and evaluate programs be identified with the docket number Communication, Training and intended to prevent pregnancy found in brackets in the heading of this Manufacturers Assistance (HFM–40), exposures. document. The draft guidance and Center for Biologics Evaluation and The draft guidance will be discussed received comments are available for Research, Food and Drug public examination in the Dockets Administration, 1401 Rockville Pike, during the June 3, 1999, meeting of the Management Branch between 9 a.m. and Rockville, MD 20852–1448; http:// Subcommittee of the Advisory 4 p.m., Monday through Friday. www.fda.gov/cber/guidelines.htm; Fax: Committee for Reproductive Health Drugs (64 FR 23340, April 30, 1999). Dated: May 28, 1999. 1–888–CBERFAX or 301–827–3844, Mail: the Voice Information System at Margaret M. Dotzel, This draft guidance is being issued 800–835–4709 or 301–827–1800. consistent with FDA’s good guidance Acting Associate Commissioner for Policy Coordination. FOR FURTHER INFORMATION CONTACT: Rose practices (62 FR 8961, February 27, 1997). The draft guidance represents the [FR Doc. 99–14149 Filed 6-3-99; 8:45 am] E. Cunningham, Center for Drug agency’s current thinking on BILLING CODE 4160±01±F Evaluation and Research (HFD–6), Food and Drug Administration, 5600 Fishers establishing pregnancy registries. It does DEPARTMENT OF HEALTH AND Lane, Rockville, MD 20857, 301–594– not create or confer any rights for or on HUMAN SERVICES 5468; or Toni M. Stifano, Center for any person and does not operate to bind Biologics Evaluation and Research FDA or the public. An alternative Food and Drug Administration (HFM–602), Food and Drug approach may be used if such approach [Docket No. 99D±1541] Administration, 1401 Rockville Pike, satisfies the requirements of the Rockville, MD 20852–1448, 301–827– applicable statute, regulations, or both. Draft Guidance for Industry on 3028, or via e-mail at Interested persons may submit written Establishing Pregnancy Registries; ‘‘[email protected]’’. comments on the draft guidance to the Availability SUPPLEMENTARY INFORMATION: FDA is Dockets Management Branch (address AGENCY: Food and Drug Administration, announcing the availability of a draft above). Two copies of any comments are HHS guidance for industry entitled to be submitted, except that individuals ‘‘Establishing Pregnancy Registries.’’ ACTION: Notice. may submit one copy. Comments are to As part of its evaluation of pregnancy be identified with the docket number SUMMARY: The Food and Drug labeling, in September 1997 the agency found in brackets in the heading of this Administration is announcing the held a part 15 (21 CFR part 15) hearing document. The draft guidance and availability of a draft guidance for on the current category requirements for received comments are available for industry entitled ‘‘Establishing pregnancy labeling (see 62 FR 41061, public examination in the Dockets Pregnancy Registries.’’ Pregnancy July 31, 1997). The agency sought Management Branch between 9 a.m. and registries are recognized as one method comment on the practical utility, effects, 4 p.m., Monday through Friday. of obtaining meaningful information on and limitations of the pregnancy Dated: May 28, 1999. the risks associated with exposure to categories. The agency also sought input drugs or biologics during pregnancy. on ways to address problems, including Margaret M. Dotzel, The draft guidance is intended to possible alternatives to the categories for Acting Associate Commissioner for Policy provide sponsors with guidance on communicating information on Coordination. establishing pregnancy registries that reproductive and developmental [FR Doc. 99–14151 Filed 6–3–99; 8:45 am] help ensure the quality and integrity of toxicity. BILLING CODE 4160±01±F

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DEPARTMENT OF HEALTH AND proposed paperwork collections Administration headquarters, in the HUMAN SERVICES referenced above, access HCFA’s Web auditorium, 7500 Security Boulevard, Site address at http://www.hcfa.gov/ Baltimore, Maryland 21244. Health Care Financing Administration regs/prdact95.htm, or E-mail your FOR FURTHER INFORMATION CONTACT: Joel [Document Identifier: HCFA±R±137] request, including your address, phone Kaiser, (410) 786–4499, or Gloria number, OMB number, and HCFA Knight, (410) 786–4598. Agency Information Collection document identifier, to SUPPLEMENTARY INFORMATION: Activities: Proposed Collection; [email protected], or call the Reports Comment Request Clearance Office on (410) 786–1326. Background Written comments and We are announcing a public meeting AGENCY: Health Care Financing recommendations for the proposed to provide an opportunity for Administration, HHS. information collections must be mailed physicians, suppliers, beneficiary In compliance with the requirement within 60 days of this notice directly to advocates and other interested parties to of section 3506(c)(2)(A) of the the HCFA Paperwork Clearance Officer furnish information and raise issues Paperwork Reduction Act of 1995, the designated at the following address: regarding the appropriate DME payment Health Care Financing Administration HCFA, Office of Information Services, category for RADs with bi-level pressure (HCFA), Department of Health and Security and Standards Group, Division capability and with a backup rate Human Services, is publishing the of HCFA Enterprise Standards, feature. The public meeting provides an following summary of proposed Attention: Dawn Willinghan, Room N2– open forum for addressing these issues. collections for public comment. 14–26, 7500 Security Boulevard, We anticipate participation by Interested persons are invited to send Baltimore, Maryland 21244–1850. physicians, manufacturers, suppliers, comments regarding this burden Dated: May 26, 1999. national associations representing estimate or any other aspect of this John Parmigiani, manufacturers and suppliers, the press, collection of information, including any and other members of the public with of the following subjects: (1) The Manager, HCFA Office of Information Services, Security and Standards Group, an interest in issues relating to Medicare necessity and utility of the proposed Division of HCFA Enterprise Standards. payment for RADs. We intend to discuss information collection for the proper [FR Doc. 99–14122 Filed 6–3–99; 8:45 am] the information we have gathered and performance of the agency’s functions; BILLING CODE 4120±03±P the general direction that we are moving (2) the accuracy of the estimated concerning these topics. The format of burden; (3) ways to enhance the quality, the meeting will include an overview on utility, and clarity of the information to DEPARTMENT OF HEALTH AND RAD payment and coding topics. be collected; and (4) the use of HUMAN SERVICES For more detailed information automated collection techniques or regarding the pending HCFA coding other forms of information technology to Health Care Financing Administration decision on RADs, you may access one minimize the information collection of the following Durable Medical burden. [HCFA±1075±N] Equipment Regional Carrier websites for Type of Information Collection Medicare Program; June 25, 1999 the June bulletin: Request: Extension of a currently Public Meeting To Discuss the approved collection. REGION A: www.medicare-link.com Payment Classification for Respiratory REGION B: www.astar-federal.com Title of Information Collection: Assist Devices Internal Revenue Service/Social REGION C: www.pgba.com Security Administration/Health Care AGENCY: Health Care Financing REGION D: www.cignamedicare.com Financing Administration Data Match Administration (HCFA), HHS. We will allow short (10–20 minutes) and Supporting Regulations in 42 CFR ACTION: Notice of public meeting. presentations by the public and our staff Section 411.20–411.206. on these topics. The meeting will Form No.: HCFA–R–137 (OMB# SUMMARY: This notice announces a conclude with an open dialog during 0938–0565). public meeting regarding the which the public may raise issues Use: The purpose of this collection is appropriate durable medical equipment related to the topics discussed. to save the Medicare program, money. (DME) fee schedule payment category Individuals interested in making a MSP is essentially the same concept for respiratory assist devices (RADs) presentation at the meeting must contact known in the private insurance industry with bi-level pressure capability and Joel Kaiser at (410) 786–4499 or via e- as coordination of benefits, and refers to with a backup rate feature. The meeting mail at [email protected] or Gloria those situations where Medicare will provide an opportunity for Knight at (410) 786–4598 or via e-mail assumes a secondary payer role (private physicians, suppliers, beneficiary at [email protected] no later than June insurance being the primary payer) for advocates, and other interested parties 18, 1999. Individuals must identify covered services provided to a Medicare to furnish information and raise issues which of the two topics they want to beneficiary. It is HCFA’s responsibility about the payment classification for discuss during their presentation. Only to implement the various Medicare RADs. The meeting will address the a limited number of individuals will be Secondary Payer (MSP) provisions. following topics: able to make presentations because of • Characteristics of the equipment. time constraints. In an effort to assure Frequency: Annually. • Affected Public: Federal Government, Whether the equipment needs that all viewpoints are represented, we Business or other for-profit, Not-for- frequent and substantial servicing in will notify participants who are selected profit institutions, Farms, State, and order to avoid risk to the patient’s to make a presentation. We will not Local or Tribal Government. health. assign presentation times until after Number of Respondents: 276,251. DATES: The meeting is scheduled for June 18, 1999. Total Annual Responses: 276,251. June 25, 1999 from 9:30 a.m. until 3:30 While the meeting is open to the Total Annual Hours: 1,051,722. p.m., eastern daylight time. public, attendance is limited to space To obtain copies of the supporting ADDRESSES: The meeting will be held at available. Individuals must register in statement and any related forms for the the Health Care Financing advance as described below.

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Registration Dated: May 27, 1999. Proposed Project: Application for The Office of Professional Relations Nancy-Ann Min DeParle, Certification and Recertification as a will handle registration for the meeting. Administrator, Health Care Financing Federally Qualified Health Center Individuals may register by sending a Administration. (FQHC) Look Alike, OMB No. 0915– fax to the attention of Martha Dixon at [FR Doc. 99–14140 Filed 6–3–99; 8:45 am] 0142—Revision (202) 401–7438. At the time of BILLING CODE 4120±01±P registration, please provide your name, The Health Resources and Services address, telephone number, and fax Administration (HRSA) proposed to number. DEPARTMENT OF HEALTH AND revise the application guide used by Confirmation of receipt of your fax HUMAN SERVICES organizations applying for certification, will constitute confirmation of your or recertification as a Federally Health Resources and Services registration. Meeting materials will be Qualified Health Center (FQHC) Look- Administration provided at the time of the meeting. Alike for purposes of cost-based If you have questions regarding Agency Information Collection reimbursement under the Medicaid and registration, please contact Martha Activities: Submission for OMB Medicare programs. The guide will be Dixon at (202) 358–1420. Review; Comment Request revised to reflect legislative, policy, and We will accept written comments, technical changes since May, 1997, the questions, or other materials specifically Periodically, the Health Resources issuance date of the last guidance. dealing with the issue of the and Services Administration (HRSA) Revisions will include reference to the appropriateness of the DME payment publishes abstracts of information Balanced Budget Act of 1997 which category for RADs with bi-level pressure collection requests under review by the amended the statutory language capability and with a backup rate Office of Management and Budget, in pertaining to FQHC Look-Alikes to feature that are received no later than 5 compliance with the Paperwork include the requirement that ‘‘an entity p.m. on June 15, 1999. Written Reduction Act of 1995 (44 U.S.C. submissions must be sent to: Health Chapter 35). To request a copy of the may not be owned, controlled, or Care Financing Administration, ATTN: clearance requests submitted to OMB for operated by another entity’’, and the Joel Kaiser, Room C5–06–27, 7500 review, call the HRSA Reports interpretation and implementation Security Boulevard, Baltimore, Clearance Office on (301)–443–1129. policy documents issued by the HRSA. Maryland 21244–1850. The following request has been Estimates of Burden are as follows: (Catalog of Federal Domestic Assistance submitted to the Office of Management Program No. 93.774, Medicare— and Budget for review under the Supplementary Medical Insurance Program) Paperwork Reduction Act of 1995:

Responses Form Number of per Hours per Total hour respondents respondent respondent burden

Application ...... 26 1 100 2,600 Recertification ...... 148 1 20 2,960

Total ...... 174 ...... 5,560

Written comments and DEPARTMENT OF HEALTH AND Name of Committee: National Cancer recommendations concerning the HUMAN SERVICES Institute Special Emphasis Panel, PAR proposed information collection should 99–019—Non-Mammalian Organisms as be sent within 30 days of this notice to: National Institutes of Health Models for Anti-Cancer Drug Discovery. Wendy A. Taylor, Human Resources Date: June 22–23, 1999. and Housing Branch, Office of National Cancer Institute; Notice of Time: 8:30 am to 3:00 pm. Closed Meetings Management and Budget, New Agenda: To review and evaluate grant Executive Office Building, Room 10235, applications. Pursuant to section 10(d) of the Washington, D.C. 20503. Federal Advisory Committee Act, as Place: Double Tree Hotel, 1750 Dated: May 28, 1999. amended (5 U.S.C., Appendix 2), notice Rockville Pike, Rockville, MD 20852. Jane Harrison, is hereby given of the following Contact Person: Wilna A. Woods, meetings. PHD, Deputy Chief, Special Review, Director, Division of Policy Review and Referral and Research Branch, Division Coordination. The meetings will be closed to the of Extramural Activities, National [FR Doc. 99–14230 Filed 6–3–99; 8:45 am] public in accordance with the Cancer Institute, National Institutes of BILLING CODE 4160±15±U provisions set forth in sections Health, Rockville, MD 20852, (301) 496– 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 7903. as amended. The grant applications and the discussions could disclose Name of Committee: National Cancer confidential trade secrets or commercial Institute Special Emphasis Panel, Non- property such as patentable material, Mammalian Organisms as Models for and personal information concerning Anti-Cancer Drug Discovery. individuals associated with the grant Date: June 23, 1999. applications, the disclosure of which Time: 3:00 am to 5:00 pm. would constitute a clearly unwarranted Agenda: To review and evaluate grant invasion of personal privacy. applications.

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Place: Double Tree Hotel, 1750 Health, Rockville, MD 20852, (301) 496– Dated: May 27, 1999. Rockville Pike, Rockville, MD 20853. 7903. LaVerne Y. Stringfield, Contact Person: Wilna A. Woods, This notice is being published less Committee Management Officer, NIH. PHD, Deputy Chief, Special Review, than 15 days prior to the meeting due [FR Doc. 99–14157 Filed 6–3–99; 8:45 am] Referral and Research Branch, Division to the timing limitations imposed by the of Extramural Activities, National review and funding cycle. BILLING CODE 4140±01±M Cancer Institute, National Institutes of (Catalogue of Federal Domestic Assistance Health, Rockville, MD 20852, (301) 496– Program Nos. 93.392, Cancer Construction; DEPARTMENT OF HEALTH AND 7903. 93.393, Cancer Cause and Prevention HUMAN SERVICES (Catalogue of Federal Domestic Assistance Research; 93.394, Cancer Detection and Program Nos. 93.392, Cancer Construction; Diagnosis Research; 93.395, Cancer National Institutes of Health 93.393, Cancer Cause and Prevention Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; Research; 93.394, Cancer Detection and National Institute of Child Health and Diagnosis Research; 93.395, Cancer 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, Human Development; Notice of Closed Treatment Research; 93.396, Cancer Biology Meeting Research; 93.397, Cancer Centers Support; HHS) 93.398, Cancer Research Manpower; 93.399, Dated: May 26, 1999. Cancer Control, National Institutes of Health, LaVerne Y. Stringfield, Pursuant to section 10(d) of the Federal Advisory Committee Act, as HHS) Committee Management Officer, NIH. Dated: May 26, 1999. amended (5 U.S.C. Appendix 2), notice [FR Doc. 99–14153 Filed 6–3–99; 8:45 am] is hereby given to the following LaVerne Y. Stringfield, BILLING CODE 4140±01±M meeting. Committee Management Officer, NIH. [FR Doc. 99–14152 Filed 6–3–99; 8:45 am] The meeting will be closed to the public in accordance with the BILLING CODE 4140±-01±M DEPARTMENT OF HEALTH AND HUMAN SERVICES provisions set forth in sections 552(b)(c)(4) and 552b(c)(6), Title 5 DEPARTMENT OF HEALTH AND National Institutes of Health U.S.C., as amended. The grant HUMAN SERVICES applications and the discussions could National Heart, Lung, and Blood disclose confidential trade secrets or National Institutes of Health Institute; Notice of Closed Meeting commercial property such as patentable Pursuant to section 10(d) of the material, and personal information National Cancer Institute; Notice of Federal Advisory Committee Act, as concerning individuals associated with Closed Meeting amended (5 U.S.C. Appendix 2), notice the grant applications, the disclosure of which would constitute a clearly Pursuant to section 10(d) of the is hereby given of the following unwarranted invasion of personal Federal Advisory Committee Act, as meeting. privacy. amended (5 U.S.C., Appendix 2), notice The meeting will be closed to the is hereby given of the following public in accordance with the Name of Committee: National Institute of meeting. provisions set forth in sections Child Health and Human Development Initial The meeting will be closed to the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Group, Population Research public in accordance with the as amended. The grant applications and Subcommittee. provisions set forth in sections the discussions could disclose Date: June 15, 1999. 552b(c)(4) and 552b(c)(6), Title 5, confidential trade secrets or commercial Time: 8:00 a.m. to 5:00 p.m. U.S.C., as amended. The contract property such as patentable material, Agenda: To review and evaluate grant proposals and the discussions could and personal information concerning applications. disclose confidential trade secrets or individuals associated with the grant Place: Embassy Square, 2000 N Street, NW, commercial property such as patentable applications, the disclosure of which Washington, DC 20036. material, and personal information would constitute a clearly unwarranted Contact Person: Jon M. Ranhand, PhD, concerning individuals associated with invasion of personal privacy. Health Scientist Administrator, Division of Scientific Review, National Institute of Child the contract proposals, the disclosure of Name of Committee: National Heart, Lung, Health and Human Development, 6100 which would constitute a clearly and Blood Institute Special Emphasis Panel, unwarranted invasion of personal The Sleep Heart Health Study—Data Executive Blvd., Rm. 5E01, MSC 7510, Bethesda, MD 20892, (301) 435–6884. privacy. Coordinating Center. This notice is being published less than 15 Name of Committee: National Cancer Date: June 18, 1999. days prior to the meeting due to the timing Institute Special Emphasis Panel, Time: 3:00 p.m. to 7:00 p.m. Agenda: To review and evaluate grant limitations imposed by the review and Radiation Dosimetry for Epidemiologic applications. funding cycle. Studies. Place: Holiday Inn–Silver Spring, 8777 (Catalogue of Federal Domestic Assistance Date: June 7, 1999. Georgia Avenue, Silver Spring, MD 20910. Programs Nos. 93.209, Contraception and Time: 1:00 p.m. to 5:00 p.m. Contact Person: Valerie L. Prenger, PHD, Infertility Loan Repayment Program; 93.864, Agenda: To review and evaluate Health Science Administrator, NIH, NHLBI, DEA, Review Branch, Rockledge Center II, Population Research; 93.865, Research for contract proposals. Mothers and Children; 93.929, Center for Place: 6130 Executive Blvd., 6th 6701 Rockledge Drive, Suite 7198, Bethesda, MD 20892–7924, (301) 435–0297. Medical Rehabilitation Research, National Floor, Rockville, MD 20852 (Telephone Institutes of Health, HHS) Conference Call). (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Dated: May 27, 1999. Contact Person: Wilna A. Woods, Sleep Disorders Research; 93.837, Heart and LaVerne Y. Stringfield, PHD, Deputy Chief, Special Review, Vascular Diseases Research; 93.838, Lung Committee Management Officer, NIH. Referral and Research Branch, Division Diseases Research; 93.839, Blood Diseases of Extramural Activities, National and Resources Research, National Institutes [FR Doc. 99–14155 Filed 6–3–99; 8:45 am] Cancer Institute, National Institutes of of Health, HHS) BILLING CODE 4140±01±M

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DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice applications and/or contract proposals, HUMAN SERVICES is hereby given of the following the disclosure of which would meeting. constitute a clearly unwarranted National Institutes of Health The meeting will be closed to the invasion of personal privacy. public in accordance with the Name of Committee: NIDR Special National Institute of Child Health and provisions set forth in sections Grants Review Committee, Special Human Development; Notice of Closed 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Grants Review Committee. Meeting as amended. The grant applications and Date: June 17–18, 1999. Pursuant to section 10(d) of the the discussions could disclose Time: 8:30 a.m. to 5:00 p.m. Federal Advisory Committee Act, as confidential trade secrets or commercial Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice property such as patentable material, applications and/or proposals. is hereby given of the following and personal information concerning Place: The Hyatt Regency Hotel, 100 meeting. individuals associated with the grant Bethesda Metro Center, Bethesda, MD The meeting will be closed to the applications, the disclosure of which 20814. public in accordance with the would constitute a clearly unwarranted Contact Person: William J. Gartland, provisions set forth in sections invasion of personal privacy. PHD, Scientific Review Administrator, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C, Name of Committee: National Institute of National Institutes of Dental & as amended. The grant applications and Allergy and Infectious Diseases Special Craniofacial Res., National Institutes of the discussions could disclose Emphasis Panel, Autoimmunity Centers of Health, PHS, DHHS, 45 Center Drive, confidential trade secrets or commercial Excellence. Natcher Building, RM. 4AN44F, property such as patentable material, Date: June 28–29, 1999. Bethesda, MD 20892. Time: 8:00 a.m. to 5:00 p.m.. and personal information concerning This notice is being published less Agenda: To review and evaluate grant than 15 days prior to the meeting due individuals associated with the grant applications. applications, the disclosure of which Place: Georgetown Holiday Inn, Mirage I to the timing limitations imposed by the would constitute a clearly unwarranted Room, 2101 Wisconsin Avenue, Washington, review and funding cycle. invasion of personal privacy. DC 20007. (Catalogue of Federal Domestic Assistance Contact Person: Edward W. Schroder, PhD, Name of Committee: National Institute of Program Nos. 93.121, Oral Diseases and Scientific Review Administrator, Scientific Disorders Research, National Institutes of Child Health and Human Development Initial Review Program, Division of Extramural Review Group, Maternal and Child Health Health, HHS) Activities, NIAID, NIH, Room 2156, 6700–B Dated: May 28, 1999. Research Subcommittee. Rockledge Drive, MSC 7610, Bethesda, MD Date: June 15, 1999. 20892–7610, 301–496–2550. LaVerne Y. Stringfield, Time: 8:00 a.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory Agenda: To review and evaluate grant Committee Policy. applications. Program Nos. 93.855, Allergy, Immunology, [FR Doc. 99–14159 Filed 6–3–99; 8:45 am] Place: Embassy Suites, Chevy Chase and Transplantation Research; 93.856, Pavilion, 4300 Military Rd., Wisconsin at Microbiology and Infectious Diseases BILLING CODE 4140±01±M Western Ave., Washington, DC 20015. Research, National Institutes of Health, HHS) Contact Person: Gopal M. Bhatnagar, Phd, Dated: May 27, 1999. Scientific Review Administrator, National LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND Institute of Child Health and Human Director, Office of Federal Advisory HUMAN SERVICES Development, National Institutes of Health, Committee Policy, NIH. PHS, DHHS, Bethesda, MD 20892. National Institutes of Health This notice is being published less than 15 [FR Doc. 99–14158 Filed 6–3–99; 8:45 am] days prior to the meeting due to the timing BILLING CODE 4140±01±M National Institute of Allergy and limitations imposed by the review and Infectious Diseases; Notice of Closed funding cycle. Meeting (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND Program Nos. 93.209, Contraception and HUMAN SERVICES Pursuant to section 10(d) of the Infertility Loan Repayment Program; 93.864, Federal Advisory Committee Act, as Population Research; 93.865, Research for National Institutes of Health amended (5 U.S.C. Appendix 2), notice Mothers and Children; 93.929, Center for is hereby given of the following National Institute of Dental & Medical Rehabilitation Research, National meeting. Craniofacial Research; Notice of Institutes of Health, HHS) The meeting will be closed to the Closed Meeting Dated: May 27, 1999. public in accordance with the LaVerne Y. Stringfield, Pursuant to section 10(d) of the provisions set forth in sections Committee Management Officer, NIH. Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 99–14156 Filed 6–3–99; 8:45 am] amended (5 U.S.C. Appendix 2), notice as amended. The grant applications and BILLING CODE 4140±01±M is hereby given of the following the discussions could disclose meeting. confidential trade secrets or commercial The meeting will be closed to the property such as patentable material, DEPARTMENT OF HEALTH AND public in accordance with the and personal information concerning HUMAN SERVICES provisions set forth in sections individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which National Institutes of Health as amended. The grant applications would constitute a clearly unwarranted National Institute of Allergy and and/or contract proposals and the invasion of personal privacy. Infectious Diseases; Notice of Closed discussions could disclose confidential Name of Committee: National Meeting trade secrets or commercial property Institute of Allergy and Infectious such as patentable material, and Diseases Special Emphasis Panel, New Pursuant to section 10(d) of the personal information concerning Imaging Technologies for Autoimmune Federal Advisory Committee Act, as individuals associated with the grant Diseases.

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Date: July 16, 1999. ‘‘Administrative Coordinating Center for Name of Committee: National Institute on Time: 8:00 a.m. to 5:30 p.m. Clinical Trials Network’’. Drug Abuse Special Emphasis Panel, Agenda: To review and evaluate grant Date: June 29, 1999. Medication Development. applications. Time: 9:00 am to 5:00 pm. Date: June 29, 1999. Place: Holiday Inn Bethesda, Agenda: To review and evaluate contract Time: 2:00 p.m. to 5:00 p.m. proposals. Agenda: To review and evaluate grant Maryland Room, 8120 Wisconsin Place: Bethesda Marriott Hotel, 5151 Pooks applications. Avenue, Bethesda, MD 20814. Hill Road, Bethesda, MD 20814. Place: Courtyard Marriott, 2899 Jefferson Contact Person: Anna Ramsey-Ewing, Contact Person: Lyle Furr, Contract Review Davis Highway, Arlington, VA 22202. Scientific Review Administrator, Specialist, Office of Extramural Program Contact Person: Mark Swieter, PhD, Health Scientific Review Program, Division of Review, National Institute on Drug Abuse, Scientist Administrator, Office of Extramural Extramural Activities, NIAID, NIH, National Institutes of Health, 6001 Executive Program Review, National Institute on Drug Room 2220, 6700–B Rockledge Drive, Boulevard, Room 3158. MSC 9547, Bethesda, Abuse, National Institutes of Health, DHHS, MSC 7610, Bethesda, MD 20892–7610, MD 20892–9547, (301) 435–1439. 6001 Executive Boulevard, Room 3158, MSC 301–496–2550. (Catalogue of Federal Domestic Assistance 9547, Bethesda, MD 20892–9547, (301) 435– Program Nos. 93.277, Drug Abuse Scientist 1389. (Catalogue of Federal Domestic Assistance Development Award for Clinicians, Scientists (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, Development Awards, and Research Scientist Program Nos. 93.277, Drug Abuse Scientist and Transplantation Research; 93.856, Awards; 93.278, Drug Abuse National Development Award for Clinicians, Scientist Microbiology and Infectious Diseases Research Service Awards for Research Development Awards, and Research Scientist Research, National Institutes of Health, HHS) Training; 93.279, Drug Abuse Research Awards; 93.278, Drug Abuse National Dated: May 28, 1999. Programs, National Institutes of Health, HHS) Research Service Awards for Research LaVerne Y. Stringfield, Dated: May 28, 1999. Training; 93.279, Drug Abuse Research Director, Office of Federal Advisory LaVerne Y. Stringfield, Programs, National Institutes of Health, HHS) Committee Policy, NIH. Director, Office of Federal Advisory Dated: May 28, 1999. [FR Doc. 99–14160 Filed 6–3–99; 8:45 am] Committee Policy, NIH. LaVerne Y. Stringfield, BILLING CODE 4140±01±M [FR Doc. 99–14161 Filed 6–3–99; 8:45 am] Director, Office of Federal Advisory Committee Policy, NIH. BILLING CODE 4140±-01±M [FR Doc. 99–14162 Filed 6–3–99; 8:45 am] DEPARTMENT OF HEALTH AND BILLING CODE 4140±01±M HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health DEPARTMENT OF HEALTH AND National Institutes of Health HUMAN SERVICES National Institute on Drug Abuse; Notice of Closed Meetings National Institute on Drug Abuse; National Institutes of Health Notice of Closed Meetings Pursuant to section 10(d) of the Center for Scientific Review; Notice of Federal Advisory Committee Act, as Pursuant to section 10(d) of the Closed Meetings amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as is hereby given of the following amended (5 U.S.C. Appendix 2), notice Pursuant to section 10(d) of the meetings. is hereby given of the following Federal Advisory Committee Act, as The meetings will be closed to the meetings. amended (5 U.S.C.Appendix 2), notice public in accordance with the The meetings will be closed to the is hereby given of the following provisions set forth in sections public in accordance with the meetings. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections The meetings will be closed to the as amended. The contract proposals and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the the discussions could disclose as amended. The grant applications and provisions set forth in sections confidential trade secrets or commercial the discussions could disclose 552b(c)(4) and 552b(c)(6), title 5 U.S.C., property such as patentable material, confidential trade secrets or commercial as amended. The grant applications and and personal information concerning property such as patentable material, the discussions could disclose individuals associated with the contract and personal information concerning confidential trade secrets or commercial proposals, the disclosure of which individuals associated with the grant property such as patentable material, would constitute a clearly unwarranted applications, the disclosure of which and personal information concerning invasion of personal privacy. would constitute a clearly unwarranted individuals associated with the grant Name of Committee: National Institute on invasion of personal privacy. applications, the disclosure of which would constitute a clearly unwarranted Drug Abuse Special Emphasis Panel, Name of Committee: National Institute on ‘‘Compound Identification and Operations Drug Abuse Initial Review Group, invasion of personal privacy. Support’’. Medication Development Research Name of Committee: Center for Scientific Date: June 24, 1999. Subcommittee. Review Special Emphasis Panel. Time: 9:00 am to 5:00 pm. Date: June 29, 1999. Date: June 4, 1999. Agenda: To review and evaluate contract Time: 9:00 a.m. to 2:00 p.m. Time: 8:00 am to 5:00 pm. proposals. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Place: Bethesda Marriott Hotel, 5151 Pooks applications. applications. Hill Road, Bethesda, MD 20814. Place: Courtyard Marriott, 2899 Jefferson Place: Holiday Inn, Bethesda, MD 20814. Contact Person: Lyle Furr, Contract Review Davis Highway, Arlington, VA 22202. Contact Person: Sandy Warren, DMD, Specialist, Office of Extramural Program Contact Person: Khursheed Asghar, Chief, MPH, Scientific Review Administrator, Review, National Institute on Drug Abuse, Basic Sciences Review Branch, Office of Center for Scientific Review, National National Institutes of Health, 6001 Executive Extramural Program Review, National Institutes of Health, 6701 Rockledge Drive, Boulevard, Room 3158. MSC 9547, Bethesda, Institute on Drug Abuse, National Institutes Room 5134, MDC 7840, Bethesda, MD 20892, MD 20892–9547, (301) 435–1439. of Health, 6001 Executive Boulevard, Room (301) 435–1019. Name of Committee: National Institute on 3158, MSC 9547, Bethesda, MD 29089–2954, This notice is being published less than 15 Drug Abuse Special Emphasis Panel, (301) 443–2620. days prior to the meeting due to the timing

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30047 limitations imposed by the review and Name of Committee: Pathophysiological Date: June 7–8, 1999. funding cycle. Sciences Initial Review Group, General Time: 8:00 a.m. to 5:00 p.m. Name of Committee: Center for Scientific Medicine A Subcommittee 2. Agenda: To review and evaluate grant Review Special Emphasis Panel. Date: June 7–8, 1999. applications. Date: June 6, 1999. Time: 9:00 a.m. to 5:00 p.m. Place: Double Tree Hotel, 1750 Rockville Time: 8:00 am to 10:00 pm. Agenda: To review and evaluate grant Pike, Rockville, MD 20852. Agenda: To review and evaluate grant applications Contact Person: Laurie L. Foudin, PhD, applications. Place: Wyndham Bristol Hotel, 2430 Scientific Review Administrator, Center for Place: Double Tree Hotel, 1750 Rockville Pennsylvania Ave, NW, Washington, DC Scientific Review, National Institutes of Pike, Rockville, MD 20852. 20037. Health, 6701 Rockledge Drive, Room 4122, Contact Person: Michael Knecht, PhD, Contact Person: Mushtaq A. Khan, DVM, MSC 7818, Bethesda, MD 20892, (301) 435– Phd, Scientific Review Administrator, Center Scientific Review Administrator, Center for 1779. for Scientific Review, National Institutes of Scientific Review, National Institutes of This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 4124, days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 6176, MSC 7818, Bethesda, MD 20892, (301) 435– MSC 7892, Bethesda, MD 20892, (301) 435– limitations imposed by the review and 1778, [email protected]. funding cycle. 1046. This notice is being published less than 15 This notice is being published less than 15 days prior to the meeting due to the timing Name of Committee: Molecular, Cellular days prior to the meeting due to the timing limitations imposed by the review and and Developmental Neuroscience Initial limitations imposed by the review and funding cycle. Review Group, Visual Sciences C Study Section. funding cycle. Name of Committee: Center for Scientific Date: June 8–9, 1999. Name of Committee: Center for Scientific Review Special Emphasis Panel. Time: 8:00 a.m. to 5:00 p.m. Review Special Emphasis Panel. Date: June 7, 1999. Agenda: To review and evaluate grant Date: June 7–8, 1999. Time: 1:00 pm to 4:00 pm. Time: 8:00 am to 5:00 pm. Agenda: To review and evaluate grant applications. Agenda: To review and evaluate grant applications. Place: The Doyle Hotel, 1500 New applications. Place: NIH, Rockledge 2, Bethesda, MD Hampshire Avenue, N.W., Washington, DC Place: River Inn, 924 25th Street, NW, 20892 (Telephone Conference Call). 20036. Washington, DC 20037. Contact Person: Nancy Lamontage, PhD, Contact Person: Carole L. Jelsema, PhD, Contact Person: Joseph Kimm, PhD, Scientific Review Adminstrator, Center for Scientific Review Administrator, Center for Scientific Review Administrator, Center for Scientific Review, National Institutes of Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4170, Health, 6701 Rockledge Drive, Room 5222, Health, 6701 Rockledge Drive, Room 5178, MSC 7806, Bethesda, MD 20892, (301) 435– MSC 7850, Bethesda, MD 20892, (301) 435– 1249, [email protected]. MSC 7844, Bethesda, MD 20892, (301) 435– 1726. This notice is being published less than 15 1249. This notice is being published less than 15 days prior to the meeting due to the timing This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and days prior to the meeting due to the timing limitations imposed by the review and funding cycle. limitations imposed by the review and funding cycle. funding cycle. Name of Committee: Center for Scientific Name of Committee: Cardiovascular Review Special Emphasis Panel, ZRG1–SSS– Name of Committee: Endocrinology and Sciences Initial Review Group, Pathology A W (21). Reproductive Sciences Initial Review Group, Study Section. Reproductive Biology Study Section. Date: June 7, 1999. Date: June 8–9, 1999. Date: June 7–8, 1999. Time: 1:00 p.m. to 3:00 p.m. Time: 8:30 am to 2:30 pm. Time: 8:00 a.m. to 2:00 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. applications. Place: NIH, Rockledge 2, Bethesda, MD Place: One Washington Circle, 1 Place: Double Tree Hotel, 1750 Rockville 20892 (Telephone Conference Call). Washington Circle, NW, Washington, DC Pike, Rockville, MD 20852. Contact Person: Dharam S. Dhindsa, DVM, 20037. Contact Person: Dennis Leszczynski, PhD, PhD, Scientific Review Administrator, Center Contact Person: Larry Pinkus, PhD, Scientific Review Administrator, Center for Scientific Review Administrator, Center for for Scientific Review, National Institutes of Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5126, MSC 7854, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 4132, Health, 6701 Rockledge Drive, Room 6170, 1174, [email protected]. MSC 7802, Bethesda, MD 20892, (301) 435– MSC 7892, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 1214. 1044. days prior to the meeting due to the timing This notice is being published less than 15 This notice is being published less than 15 limitations imposed by the review and days prior to the meeting due to the timing days prior to the meeting due to the timing funding cycle. limitations imposed by the review and limitations imposed by the review and funding cycle. funding cycle. Name of Committee: Center for Scientific Review Special Emphasis Panel. Name of Committee: Center for Scientific Name of Committee: Endocrinology and Date: June 7–9, 1999. Review Special Emphasis Panel. Reproductive Sciences Initial Review Group, Time: 7:30 a.m. to 5:00 p.m. Date: June 8, 1999. Reproductive Endocrinology Study Section. Agenda: To review and evaluate grant Time: 2:00 pm to 3:00 pm. Date: June 7–8, 1999. applications. Agenda: To review and evaluate grant Time: 8:30 a.m. to 4:00 p.m. Place: Tarrytown Hilton, 455 South applications. Agenda: To review and evaluate grant Broadway, New York, NY 10591. Place: NIH, Rockledge 2, Bethesda, MD applications. Contact Person: Paul K. Strudler, PhD, 20892 (Telephone Conference Call). Place: Hilton Hotel, 620 Perry Parkway, Scientific Review Administrator, Center for Contact Person: Gerhard Ehernspeck, PhD, Gaithersburg, MD 20877. Scientific Review, National Institutes of Scientific Review Administrator Center for Contact Person: Abubakar A. Shaikh, DVM, Health, 6701 Rockledge Drive, Room 4100, Scientific Review, National Institutes of Phd, Scientific Review Administrator, Center MSC 7804, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5138, for Scientific Review, national Institutes of 1716. MSC 7840, Bethesda, MD 20892, (301) 435– health, 6701 Rockledge Drive, Room 6166, This notice is being published less than 15 1022, [email protected]. MSC 7892, Bethesda, MD 20892, (301) 435– days prior to the meeting due to the timing This notice is being published less than 15 1042. limitations imposed by the review and days prior to the meeting due to the timing This notice is being published less than 15 funding cycle. limitations imposed by the review and days prior to the meeting due to the timing Name of Committee: Health Promotion and funding cycle. limitations imposed by the review and Disease Prevention Initial Review Group, Name of Committee: Center for Scientific funding cycle. Alcohol and Toxicology Subcommittee 1. Review Special Emphasis Panel, MDCN–4.

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Date: June 9–10, 1999. Substantive program information may HUD by Federal landholding agencies Time: 8:00 am to 5:00 pm. be obtained from the individual named regarding unutilized and under utilized Agenda: To review and evaluate grant as Contact for the meeting listed below. buildings and real property controlled applications. The meeting will include the review, by such agencies or by GSA regarding Place: The Doyle Hotel, 1500 New discussion and evaluation of individual its inventory of excess or surplus Hampshire Avenue, N.W., Washington, DC grant applications. These discussions 20036. Federal property. This Notice is also Contact Person: Mary Custer, PhD, could reveal personal information published in order to comply with the Scientific Review Administrator, Center for concerning individuals associated with December 12, 1988 Court Order in Scientific Review, National Institutes of the applications. Accordingly, this National Coalition for the Homeless v. Health, 6701 Rockledge Drive, Room 5102, meeting is concerned with matters Veterans Administration, No. 88–2503– MSC 7850, Bethesda, MD 20892, (301) 435– exempt from mandatory disclosure in OG (D.C.C.). 1164. Title 5 U.S.C. 552b(c) (6) and 5 U.S.C. Properties reviewed are listed in this This notice is being published less than 15 App.2, section 10(d). days prior to the meeting due to the timing Notice according to the following limitations imposed by the review and Committee Name: SAMHSA Special categories: Suitable/available, suitable/ funding cycle. Emphasis Panel II (SEP I). unavailable, suitable/to be excess, and Name of Committee: Center for Scientific Meeting Dates: June 10, 1999. unsuitable. The properties listed in the Place: Bethesda Marriott, 5151 Pooks Hill Review Special Emphasis Panel, ZRG1PTHA three suitable categories have been 01S. Road, Bethesda, MD 20814. Closed: June 10, 1999, 2:00 p.m.– reviewed by the landholding agencies, Date: June 9, 1999, and each agency has transmitted to Time: 3:00 pm to 3:30 pm. adjournment. Agenda: To review and evaluate grant Panel: FEMA—California. HUD: (1) Its intention to make the applications. Contact: Raquel Crider, Ph.D., Room 17– property available for use to assist the Place: One Washington Circle, 1 89, Parklawn Building, Telephone: 301–443– homeless, (2) its intention to declare the Washington Circle, NW, Washington, DC 5063 and FAX: 301–443–3437. property excess to the agency’s needs, or 20037 (Telephone Conference Call). Dated: May 26, 1999. (3) a statement of the reasons that the Contact Person: Larry Pinkus, PhD, Coral Sweeney, property cannot be declared excess or Scientific Review Administrator, Center for GTA, Substance Abuse and Mental Health made available for sue as facilities to Scientific Review, National Institutes of Services Administration. assist the homeless. Health, 6701 Rockledge Drive, Room 4132, [FR Doc. 99–14229 Filed 6–3–99; 8:45 am] MCS 7802, Bethesda, MD 20892, (301) 435– Properties listed as suitable/available 1214. BILLING CODE 4162±20±U will be available exclusively for This notice is being published less than 15 homeless use for a period of 60 days days prior to the meeting due to the timing from the date of this Notice. Homeless limitations imposed by the review and DEPARTMENT OF HOUSING AND assistance providers interested in any funding cycle. URBAN DEVELOPMENT such property should send a written (Catalogue of Federal Domestic Assistance [Docket No. FR±4432±N±22] expression of interest to HHS, addressed Program Nos. 93.306, Comparative Medicine, to Brian Rooney, Division of Property 93.306; 93.333, Clinical Research, 93.333, Federal Property Suitable as Facilities Management, Program Support Center, 93.337, 93.393–93.396, 93.837–93.844, To Assist the Homeless HHS, room 5B–41, 5600 Fishers Lane, 93.846–93.878, 93.893, National Institutes of Rockville, MD 20857; (301) 443–2265. Health, HHS) AGENCY: Office of the Assistant (This is not a toll-free number.) HHS Dated: May 27, 1999. Secretary for Community Planning and will mail to the interested provider an Development, HUD. LaVerne Y. Stringfield, application packet, which will include Committee Management Officer, NIH. ACTION: Notice. instructions for completing the [FR Doc. 99–14154 Filed 6–3–99; 8:45 am] SUMMARY: This Notice identifies application. In order to maximize the BILLING CODE 4140±01±M unutilized, underutilized, excess, and opportunity to utilize a suitable surplus Federal property reviewed by property, providers should submit their HUD for suitability for possible use to written expressions of interest as soon DEPARTMENT OF HEALTH AND as possible. For complete details HUMAN SERVICES assist the homeless. FOR FURTHER INFORMATION CONTACT: concerning the processing of Substance Abuse and Mental Health Mark Johnston, room 7256, Department applications, the reader is encouraged to Services Administration (SAMHSA) of Housing and Urban Development, refer to the interim rule governing this 451 Seventh Street SW, Washington, DC program, 24 CFR part 581. Meeting; SAMHSA Special Emphasis 20410; telephone (202) 708–1226; TTY For properties listed as suitable/to be Panel II number for the hearing- and speech- excess, that property may, if impaired (202) 708–2565 (these subsequently accepted as excess by Pursuant to Public Law 92–463, telephone numbers are not toll-free), or GSA, be made available for use by the notice is hereby given of the following call the toll-free Title V information line homeless in accordance with applicable meeting of the SAMHSA Special at 1–800–927–7588. law, subject to screening for other Emphasis Panel II in June 1999. SUPPLEMENTARY INFORMATION: In Federal use. At the appropriate time, A summary of the meeting and a accordance with 24 CFR part 581 and HUD will publish the property in a roster of the members may be obtained section 501 of the Stewart B. McKinney Notice showing it as either suitable/ from: Ms. Coral Sweeney, SAMHSA, Homeless Assistance Act (42 U.S.C. available or suitable/unavailable. Office of Policy and Program 11411), as amended, HUD is publishing For properties listed as suitable/ Coordination, Division of Extramural this Notice to identify Federal buildings unavailable, the landholding agency has Activities, Policy, and Review, 5600 and other real property that HUD has decided that the property cannot be Fishers Lane, Room 17–89, Rockville, reviewed for suitability for use to assist declared excess or made available for Maryland 20857. Telephone: 301–443– the homeless. The properties were use to assist the homeless, and the 2998. reviewed using information provided to property will not be available.

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Properties listed as unsuitable will Illinois Blgd. HP544 not be made available for any other Bldg. HP068 Sheridan Army Reserve purpose for 20 days from the date of this Sheridan Army Reserve Complex Notice. Homeless assistance providers Complex Sheridan Co: IL 60037– Sheridan Co: IL 60037– Landholding Agency: Army interested in a review by HUD of the Property Number: 21199920192 determination of unsuitability should Landholding Agency: Army Property Number: 21199920184 Status: Unutilized call the toll free information line at 1– Status: Unutilized Comment: 3148 sq. ft., most recent use— 800–927–7588 for detailed instructions Comment: 735 sq. ft., most recent use— admin., off-site use only or write a letter to Mark Johnston at the storage, off-site use only Blgds. HP528, 538 address listed at the beginning of this Bldgs. HP109, 110, 111 Sheridan Army Reserve Notice. Included in the request for Sheridan Army Reserve Complex review should be the property address Complex Sheridan Co: IL 60037– (including zip code), the date of Sheridan Co: IL 60037– Landholding Agency: Army publication in the Federal Register, the Landholding Agency: Army Property Number: 21199920193 Status: Unutilized landholding agency, and the property Property Number: 21199920185 Status: Unutilized Comment: 2269 sq. ft. and 3212 sq. ft., most number. Comment: 2210 sq. ft. each, most recent recent use—office/garage, off-site use only For more information regarding use—admin., off-site use only Blgd. HP553 particular properties identified in this Bldgs. HP113, 114 Sheridan Army Reserve Notice (i.e., acreage, floor plan, existing Sheridan Army Reserve Complex sanitary facilities, exact street address), Complex Sheridan Co: IL 60037– providers should contact the Sheridan Co: IL 60037– Landholding Agency: Army Landholding Agency: Army Property Number: 21199920194 appropriate landholding agencies at the Property Number: 21199920186 Status: Unutilized following addresses: ARMY: Mr. Jeff Status: Unutilized Comment: 2793 sq. ft., most recent use— Holste, U.S. Army Center for Public Comment: 2864 sq. ft. and 3458 sq. ft., most storage, off-site use only Works, Installation Support Center, recent use—admin., off-site use only Blgd. HP563 Facilities Management, 7701 Telegraph Bldg. HP132 Sheridan Army Reserve Road, Alexandria, VA 22315–3862; Sheridan Army Reserve Complex (703) 428–6318; GSA: Mr. Brian K. Complex Sheridan Co: IL 60037– Polly, Assistant Commissioner, General Sheridan Co: IL 60037– Landholding Agency: Army Services Administration, Office of Landholding Agency: Army Property Number: 21199920195 Property Disposal, 18th and F Streets, Property Number: 21199920187 Status: Unutilized Status: Unutilized Comment: 3712 sq. ft., presence of asbestos, NW, Washington, DC 20405; (202) 501– Comment: 2033 sq. ft., most recent use— most recent use—office, off-site use only 0052; NAVY: Mr. Charles C. Cocks, admin., off-site use only Kansas Department of the Navy, Director, Real Bldg. HP133 Bldg. P–218 Estate Policy Division, Naval Facilities Sheridan Army Reserve Engineering Command, Washington Fort Riley Complex Ft. Riley Co: Geary KS 66442– Navy Yard, 1322 Patterson Ave., SE, Sheridan Co: IL 60037– Landholding Agency: Army Suite 1000, Washington, DC 20374– Landholding Agency: Army Property Number: 21199920196 5065; (202) 685–9200; (These are not Property Number: 21199920188 Status: Unutilized toll-free numbers). Status: Unutilized Comment: 1992 sq. ft., most recent use—gas Comment: 6299 sq. ft., most recent use— station Dated: May 26, 1999. storage, off-site use only Bldg. P–220 Fred Karnas, Jr., Bldgs. HP432–439 Fort Riley Sheridan Army Reserve Deputy Assistant Secretary for Economic Ft. Riley Co: Geary KS 66442– Complex Development. Landholding Agency: Army Sheridan Co: IL 60037– Property Number: 21199920197 TITLE V, FEDERAL SURPLUS PROPERTY Landholding Agency: Army Status: Unutilized PROGRAM FEDERAL REGISTER REPORT Property Number: 21199920189 Comment: 774 sq. ft., most recent use— FOR 6/4/99 Status: Unutilized warehouse Suitable/Available Properties Comment: 4845 sq. ft. each, presence of asbestos, most recent use—admin/storage, Bldg. P–146 Buildings (by State) off-site use only Fort Leavenworth Leavenworth Co: KS 66027– Arizona Bldgs. HP444, 448 Sheridan Army Reserve Landholding Agency: Army Bldg. 90201 Complex Property Number: 21199920198 Fort Huachuca Sheridan Co: IL 60037– Status: Unutilized Sierra Vista Co: Cochise AZ 85635– Landholding Agency: Army Comment: 196 sq. ft., most recent use— Landholding Agency: Army Property Number: 21199920190 utility, off-site use only Property Number: 21199920182 Status: Unutilized Bldg. P–149 Status: Unutilized Comment: 1742 sq. ft. and 2366 sq. ft., Fort Leavenworth Comment: 25,503 sq. ft., presence of presence of asbestos, most recent use— Leavenworth Co: KS 66027– asbestos/lead paint, most recent use— storage, off-site use only Landholding Agency: Army laundry, off-site use only Blgds. HP459, 460 Property Number: 21199920199 Bldgs. 12521, 13572 Sheridan Army Reserve Status: Unutilized Fort Huachuca Complex Comment: 76 sq. ft., most recent use—utility, Sierra Vista Co: Cochise AZ 85635– Sheridan Co: IL 60037– off-site use only Landholding Agency: Army Landholding Agency: Army Bldg. P–150 Property Number: 21199920183 Property Number: 21199920191 Fort Leavenworth Status: Unutilized Status: Unutilized Leavenworth Co: KS 66027– Comment: 448 sq. ft. & 54 sq. ft., off-site use Comment: 4848 sq. ft., presence of asbestos, Landholding Agency: Army only most recent use—storage, off-site use only Property Number: 21199920200

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Status: Unutilized Property Number: 21199920209 Property Number: 21199920218 Comment: 96 sq. ft., most recent use—utility, Status: Unutilized Status: Unutilized off-site use only Comment: 2750 sq. ft., needs repair, most Comment: 64 sq. ft., needs repair, most recent Bldg. P–162 recent use—admin., off-site use only use—storage, off-site use only Fort Leavenworth Bldgs. 209–212 Bldgs. 3949–3950 Leavenworth Co: KS 66027– Fort Hood Fort Hood Landholding Agency: Army Ft. Hood Co: Coryell TX 76544– Ft. Hood Co: Coryell TX 76544– Property Number: 21199920201 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 21199920210 Property Number: 21199920219 Comment: 81 sq. ft., most recent use—utility, Status: Unutilized Status: Unutilized off-site use only Comment: 8043 sq. ft., needs repair, most Comment: 5310 sq. ft., needs repair, most Bldg. P–242 recent use—admin., off-site use only recent use—Bn. Hq. Bldg., off-site use only Fort Leavenworth Bldg. 213 Bldg. 3951 Leavenworth Co: KS 66027– Fort Hood Fort Hood Landholding Agency: Army Ft. Hood Co: Coryell TX 76544– Ft. Hood Co: Coryell TX 76544– Property Number: 21199920202 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 21199920211 Property Number: 21199920220 Comment: 4680 sq. ft., most recent use— Status: Unutilized Status: Unutilized storage, off-site use only Comment: 7670 sq. ft., needs repair, most Comment: 2500 sq. ft., needs repair, most New York recent use—operations, off-site use only recent use—admin., off-site use only Bldg. 919 Bldgs. 3952–3953 Bldg. P–87 Fort Hood Fort Hood Fort Drum Ft. Hood Co: Coryell TX 76544– Ft. Hood Co: Coryell TX 76544– Ft. Drum Co: Jefferson NY 13602– Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21199920212 Property Number: 21199920221 Property Number: 21199920203 Status: Unutilized Status: Unutilized Status: Unutilized Comment: 11,800 sq. ft., needs repair, most Comment: 3100 sq. ft., needs repair, most Comment: 360 sq. ft., needs rehab, most recent use—Bde. Hq. Bldg., off-site use recent use—admin., off-site use only recent use—admin., off-site use only only Bldgs. 3954–3957 Texas Bldg. 923 Fort Hood Bldg. 36 Fort Hood Ft. Hood Co: Coryell TX 76544– Fort Hood Ft. Hood Co: Coryell TX 76544– Landholding Agency: Army Ft. Hood Co: Coryell TX 76544– Landholding Agency: Army Property Number: 21199920222 Landholding Agency: Army Property Number: 21199920213 Status: Unutilized Property Number: 21199920204 Status: Unutilized Comment: 5310 sq. ft., needs repair, most Status: Unutilized Comment: 4440 sq. ft., needs repair, most recent use—admin., off-site use only Comment: 2250 sq. ft., needs repair, most recent use—admin., off-site use only Bldg. 3958 recent use—ACS center, off-site use only Bldg. 924 Fort Hood Bldg. 37 Fort Hood Ft. Hood Co: Coryell TX 76544– Fort Hood Ft. Hood Co: Coryell TX 76544– Landholding Agency: Army Ft. Hood Co: Coryell TX 76544– Landholding Agency: Army Property Number: 21199920223 Landholding Agency: Army Property Number: 21199920214 Status: Unutilized Property Number: 21199920205 Status: Unutilized Comment: 3241 sq. ft., needs repair, most Status: Unutilized Comment: 3500 sq. ft., needs repair, most recent use—admin., off-site use only Comment: 2220 sq. ft., needs repair, most recent use—admin., off-site use only Bldg. 3959 recent use—storage, off-site use only Bldg. 2304 Fort Hood Bldg. 38 Fort Hood Ft. Hood Co: Coryell TX 76544– Fort Hood Ft. Hood Co: Coryell TX 76544– Landholding Agency: Army Ft. Hood Co: Coryell TX 76544– Landholding Agency: Army Property Number: 21199920224 Landholding Agency: Army Property Number: 21199920215 Status: Unutilized Property Number: 21199920206 Status: Unutilized Comment: 3373 sq. ft., needs repair, most Status: Unutilized Comment: 8043 sq. ft., needs repair, most recent use—admin., off-site use only Comment: 2700 sq. ft., needs repair, most recent use—Avn. Unit Ops., off-site use Bldgs. 3960–3962 recent use—gen. inst., off-site use only only Fort Hood Bldg. 39 Bldgs. 2306–2307 Ft. Hood Co: Coryell TX 76544– Fort Hood Fort Hood Landholding Agency: Army Ft. Hood Co: Coryell TX 76544– Ft. Hood Co: Coryell TX 76544– Property Number: 21199920225 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 21199920207 Property Number: 21199920216 Comment: 5310 sq. ft., needs repair, most Status: Unutilized Status: Unutilized recent use—admin., off-site use only Comment: 2220 sq. ft., needs repair, most Comment: 8043 sq. ft., needs repair, most Bldgs. 3964–3965 recent use—storage, off-site use only recent use—health clinic, off-site use only Fort Hood Bldg. 41 Bldg. 3203 Ft. Hood Co: Coryell TX 76544– Fort Hood Fort Hood Landholding Agency: Army Ft. Hood Co: Coryell TX 76544– Ft. Hood Co: Coryell TX 76544– Property Number: 21199920226 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 21199920208 Property Number: 21199920217 Comment: 3100 sq. ft., needs repair, most Status: Unutilized Status: Unutilized recent use—Bn. Hq. Bldg., off-site use only Comment: 1750 sq. ft., needs repair, most Comment: 1680 sq. ft., needs repair, most Bldg. 3966 recent use—admin., off-site use only recent use—car wash, off-site use only Fort Hood Bldgs. 43–44 Bldgs. 3204–3205 Ft. Hood Co: Coryell TX 76544– Fort Hood Fort Hood Landholding Agency: Army Ft. Hood Co: Coryell TX 76544– Ft. Hood Co: Coryell TX 76544– Property Number: 21199920227 Landholding Agency: Army Landholding Agency: Army Status: Unutilized

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Comment: 2741 sq. ft., needs repair, most Comment: 360 sq. ft., needs repair, presence Comment: 120 sq. ft., needs repair, presence recent use—Co. Hq. Bldg., off-site use only of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Bldgs. 3967–3969 control tower, off-site use only ammo bldg., off-site use only Fort Hood Bldgs. U006A, U024A Bldg. U027A Ft. Hood Co: Coryell TX 76544– Fort Lewis Fort Lewis Landholding Agency: Army Fort Lewis Co: Pierce WA 98433– Fort Lewis Co: Pierce WA 98433– Property Number: 21199920228 Landholding Agency: Army Landholding Agency: Army Status: Unutilized Property Number: 21199920243 Property Number: 21199920251 Comment: 5310 sq. ft., needs repair, most Status: Excess Status: Excess recent use—admin., off-site use only Comment: 1440 sq. ft., needs repair, presence Comment: 64 sq. ft., needs repair, presence Bldgs. 3970–3971 of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Fort Hood shelter, off-site use only tire house, off-site use only Ft. Hood Co: Coryell TX 76544– Bldgs. U007A, U021A Bldgs. U028A–U032A Landholding Agency: Army Fort Lewis Fort Lewis Property Number: 21199920229 Fort Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Status: Unutilized Landholding Agency: Army Landholding Agency: Army Comment: 3241 sq. ft., needs repair, most Property Number: 21199920244 Property Number: 21199920252 recent use—admin., off-site use only Status: Excess Status: Unutilized Washington Comment: 100 sq. ft., needs repair, presence Comment: 72 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Bldg. U001B control tower, off-site use only Fort Lewis control tower, off-site use only Ft. Lewis Co: Pierce WA 98433– 7 Bldgs. Bldg. U031A Landholding Agency: Army Fort Lewis Fort Lewis Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920237 Fort Lewis Co: Pierce WA 98433– Landholding Agency: Army Status: Excess Location: U014A, U022B, U023A, U043B, Property Number: 21199920253 Comment: 54 sq. ft., needs repair, presence U059B, U060A, U101A Status: Excess of asbestos/lead paint, most recent use— Landholding Agency: Army Comment: 3456 sq. ft., needs repair, presence control tower, off-site use only Property Number: 21199920245 of asbestos/lead paint, most recent use— Status: Excess Bldg. U001C line shed, off-site use only Fort Lewis Comment: needs repair, presence of asbestos/ Ft. Lewis Co: Pierce WA 98433– lead paint, most recent use—shelter, ofc/ Bldg. U031C Landholding Agency: Army tower/support, off-site use only Fort Lewis Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920238 Bldg. U015J Landholding Agency: Army Status: Unutilized Fort Lewis Comment: 960 sq. ft., needs repair, presence Property Number: 21199920254 Fort Lewis Co: Pierce WA 98433– Status: Unutilized of asbestos/lead paint, most recent use— Landholding Agency: Army supply, off-site use only Comment: 32 sq. ft., needs repair, presence Property Number: 21199920246 of asbestos/lead paint, off-site use only 10 Bldgs. Status: Excess Fort Lewis Comment: 144 sq. ft., needs repair, presence Bldg. U040D Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Fort Lewis Location: U002B, U002C, U015I, U019C, tower, off-site use only Ft. Lewis Co: Pierce WA 98433– U022A, U028B, 0091A, U093C Landholding Agency: Army Bldg. U018B Landholding Agency: Army Property Number: 21199920255 Fort Lewis Property Number: 21199920239 Status: Excess Fort Lewis Co: Pierce WA 98433– Status: Excess Comment: 800 sq. ft., needs repair, presence Landholding Agency: Army Comment: 600 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Property Number: 21199920247 of asbestos/lead paint, most recent use— range house, off-site use only Status: Unutilized range house, off-site use only Bldgs. U052C, U052H Comment: 121 sq. ft., needs repair, presence Fort Lewis 6 Bldgs. of asbestos/lead paint, most recent use— Ft. Lewis Co: Pierce WA 98433– Fort Lewis range house, off-site use only Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Location: U003A, U004B, U006C, U015B, Bldg. U018C Property Number: 21199920256 U016B, U019B Fort Lewis Status: Excess Landholding Agency: Army Fort Lewis Co: Pierce WA 98433– Comment: various sq. ft., needs repair, Property Number: 21199920240 Landholding Agency: Army presence of asbestos/lead paint, most Status: Unutilized Property Number: 21199920248 recent use—range house, off-site use only Comment: 54 sq. ft., needs repair, presence Status: Unutilized Bldgs. U035A, U035B of asbestos/lead paint, most recent use— Comment: 48 sq. ft., needs repair, presence Fort Lewis control tower, off-site use only of asbestos/lead paint, off-site use only Ft. Lewis Co: Pierce WA 98433– Bldg. U004D Bldg. U024B Landholding Agency: Army Fort Lewis Fort Lewis Property Number: 21199920257 Ft. Lewis Co: Pierce WA 98433– Fort Lewis Co: Pierce WA 98433– Status: Excess Landholding Agency: Army Landholding Agency: Army Comment: 192 sq. ft., needs repair, presence Property Number: 21199920241 Property Number: 21199920249 of asbestos/lead paint, most recent use— Status: Unutilized Status: Unutilized shelter, off-site use only Comment: 960 sq. ft., needs repair, presence Comment: 168 sq. ft., needs repair, presence Bldg. U035C of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Fort Lewis supply, off-site use only control tower, off-site use only Ft. Lewis Co: Pierce WA 98433– Bldg. U005A Bldg. U024D Landholding Agency: Army Fort Lewis Fort Lewis Property Number: 21199920258 Ft. Lewis Co: Pierce WA 98433– Fort Lewis Co: Pierce WA 98433– Status: Excess Landholding Agency: Army Landholding Agency: Army Comment: 242 sq. ft., needs repair, presence Property Number: 21199920242 Property Number: 21199920250 of asbestos/lead paint, most recent use— Status: Unutilized Status: Unutilized range house, off-site use only

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Bldg. U039A Fort Lewis Fort Lewis Fort Lewis Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21199920267 Property Number: 21199920275 Property Number: 21199920259 Status: Excess Status: Excess Status: Excess Comment: 16 sq. ft., needs repair, presence Comment: 36 sq. ft., needs repair, presence Comment: 36 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— support, off-site use only tower, off-site use only control tower, off-site use only Bldg. U093B Bldg. U507A Bldg. U039B Fort Lewis Fort Lewis Fort Lewis Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21199920268 Property Number: 21199920276 Property Number: 21199920260 Status: Excess Status: Excess Status: Excess Comment: 680 sq. ft., needs repair, presence Comment: 400 sq. ft., needs repair, presence Comment: 1600 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— range house, off-site use only support, off-site use only grandstand/bleachers, off-site use only 4 Bldgs. Bldg. U516B Bldg. U039C Fort Lewis Fort Lewis Fort Lewis Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Location: U101B, U101,C, U507B, U557A Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21199920277 Property Number: 21199920261 Property Number: 21199920269 Status: Excess Status: Excess Status: Excess Comment: 5000 sq. ft., needs repair, presence Comment: 600 sq. ft., needs repair, presence Comment: 400 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— of asbestos/lead paint, off-site use only shed, off-site use only support, off-site use only Bldg. U102B 7 Bldgs. Bldg. U043A Fort Lewis Fort Lewis Fort Lewis Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Location: F0002, F0004, F0003, F0005, Landholding Agency: Army Property Number: 21199920270 F0006, F0008, F0009 Property Number: 21199920262 Status: Excess Landholding Agency: Army Status: Excess Comment: 1058 sq. ft., needs repair, presence Property Number: 21199920278 Comment: 132 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Status: Excess of asbestos/lead paint, most recent use— shelter, off-site use only Comment: various sq. ft., needs repair, range house, off-site use only Bldg. U108A presence of asbestos/lead paint, most Bldg. U052A Fort Lewis recent use—storehouse, off-site use only Fort Lewis Ft. Lewis Co: Pierce WA 98433– Bldg. F0022A Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Fort Lewis Landholding Agency: Army Property Number: 21199920271 Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920263 Status: Excess Landholding Agency: Army Status: Excess Comment: 31,320 sq. ft., needs repair, Property Number: 21199920279 Comment: 69 sq. ft., needs repair, presence presence of asbestos/lead paint, most Status: Excess of asbestos/lead paint, most recent use— recent use—line shed, off-site use only Comment: 4373 sq. ft., needs repair, presence tower, off-site use only Bldg. U110B of asbestos/lead paint, most recent use— Bldg. U052E Fort Lewis gen. inst., off-site use only Fort Lewis Ft. Lewis Co: Pierce WA 98433– Bldg. F0022B Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Fort Lewis Landholding Agency: Army Property Number: 21199920272 Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920264 Status: Excess Landholding Agency: Army Status: Excess Comment: 138 sq. ft., needs repair, presence Property Number: 21199920280 Comment: 600 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Status: Excess of asbestos/lead paint, most recent use— support, off-site use only Comment: 3100 sq. ft., needs repair, presence storage, off-site use only 6 Bldgs. of asbestos/lead paint, most recent use— Bldg. U052G Fort Lewis storage, off-site use only Fort Lewis Ft. Lewis Co: Pierce WA 98433– Bldg. C0120 Ft. Lewis Co: Pierce WA 98433– Location: U111A, U015A, U024E, U052F, Fort Lewis Landholding Agency: Army U109A, U110A Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920265 Landholding Agency: Army Landholding Agency: Army Status: Excess Property Number: 21199920273 Property Number: 21199920281 Comment: 1600 sq. ft., needs repair, presence Status: Excess Status: Excess of asbestos/lead paint, most recent use— Comment: 1000 sq. ft., needs repair, presence Comment: 384 sq. ft., needs repair, presence shelter, off-site use only of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— 3 Bldgs. support/shelter/mess, off-site use only scale house, off-site use only Fort Lewis Bldg. U112A Bldg. A0220 Ft. Lewis Co: Pierce WA 98433– Fort Lewis Fort Lewis Location: U058A, U103A, U018A Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Landholding Agency: Army Landholding Agency: Army Property Number: 21199920266 Property Number: 21199920274 Property Number: 21199920282 Status: Excess Status: Excess Status: Excess Comment: 36 sq. ft., needs repair, presence Comment: 1600 sq. ft., needs repair, presence Comment: 2284 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use- of asbestos/lead paint, most recent use— control tower, off-site use only shelter, off-site use only club facility, off-site use only Bldg. U059A Bldg. U115A 18 Bldgs.

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Fort Lewis Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920298 Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Status: Excess Location: A0337, A0617, B0820, B0821, Property Number: 21199920290 Comment: 8326 sq. ft., needs repair, presence C0319, C0833, C0310, C0311, C0318, Status: Excess of asbestos/lead paint, most recent use— C1019, D0712, D0713, D0720, D0721, Comment: 87 sq. ft., needs repair, presence shed, off-site use only D1108, D1153, C1011, C1018 of asbestos/lead paint, most recent use— Bldgs. 4072, 5104 Landholding Agency: Army storehouse, off-site use only Fort Lewis Property Number: 21199920283 Bldg. 01259 Ft. Lewis Co: Pierce WA 98433– Status: Excess Fort Lewis Landholding Agency: Army Comment: 1144 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920299 of asbestos/lead paint, most recent use— Landholding Agency: Army Status: Excess day room, off-site use only Property Number: 21199920291 Comment: 24/36 sq. ft., needs repair, Bldg. A0334 Status: Excess presence of asbestos/lead paint, off-site use Fort Lewis Comment: 16 sq. ft., needs repair, presence only Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Bldgs. 4295 Landholding Agency: Army storage, off-site use only Fort Lewis Property Number: 21199920284 Bldg. 01266 Ft. Lewis Co: Pierce WA 98433– Status: Excess Fort Lewis Landholding Agency: Army Comment: 1092 sq. ft., needs repair, presence Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920300 of asbestos/lead paint, most recent use— Landholding Agency: Army Status: Excess sentry station, off-site use only Property Number: 21199920292 Comment: 48 sq. ft., needs repair, presence 7 Bldgs. Status: Excess of asbestos/lead paint, most recent use— Fort Lewis Comment: 45 sq. ft., needs repair, presence storage, off-site use only Ft. Lewis Co: Pierce WA 98433– of asbestos/lead paint, most recent use— Bldgs. 5170 Location: C0302, C0303, C0306, C0322, shelter, off-site use only Fort Lewis C0323, C0326, C0327 Bldg. B1410 Ft. Lewis Co: Pierce WA 98433– Landholding Agency: Army Fort Lewis Landholding Agency: Army Property Number: 21199920285 Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920301 Status: Excess Landholding Agency: Army Status: Excess Comment: 2340 sq. ft., needs repair, presence of asbestos/lead paint, most recent use— Property Number: 21199920293 Comment: 19,411 sq. ft., needs repair, barracks, off-site use only Status: Excess presence of asbestos/lead paint, most Comment: 3108 sq. ft., needs repair, presence recent use—store, off-site use only 5 Bldgs. of asbestos/lead paint, most recent use— Bldgs. 6118 Fort Lewis motor repair, off-site use only Ft. Lewis Co: Pierce WA 98433– Fort Lewis Location: A0518, A0530, B0811, B0822, Bldg. 1445 Ft. Lewis Co: Pierce WA 98433– B0911 Fort Lewis Landholding Agency: Army Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920302 Property Number: 21199920286 Landholding Agency: Army Status: Excess Status: Excess Property Number: 21199920294 Comment: 2263 sq. ft., needs repair, presence Comment: 397 sq. ft., needs repair, presence Status: Excess of asbestos/lead paint, most recent use— of asbestos/lead paint, most recent use— Comment: 144 sq. ft., needs repair, presence gen. inst., off-site use only Hq. Bldg., off-site use only of asbestos/lead paint, most recent use— Bldgs. 6191 generator bldg., off-site use only 12 Bldgs. Fort Lewis Fort Lewis Bldg. 02082 Ft. Lewis Co: Pierce WA 98433– Ft. Lewis Co: Pierce WA 98433– Fort Lewis Landholding Agency: Army Location: C1002, C1003, C1006, C1007, Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920303 C1022, C1023, C1026, C1027, C1207, Landholding Agency: Army Status: Excess C1301, C1333, C1334 Property Number: 21199920295 Comment: 3663 sq. ft., needs repair, presence Landholding Agency: Army Status: Excess of asbestos/lead paint, most recent use— Property Number: 21199920287 Comment: 16 sq. ft., needs repair, presence exchange branch, off-site use only Status: Excess of asbestos/lead paint, most recent use— Bldgs. 08076, 08080 Comment: 2360 sq. ft., needs repair, presence storage, off-site use only Fort Lewis of asbestos/lead paint, most recent use— Bldg. 03091, 03099 Ft. Lewis Co: Pierce WA 98433– barracks, off-site use only Fort Lewis Landholding Agency: Army Bldg. E1010 Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920304 Fort Lewis Landholding Agency: Army Status: Excess Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920296 Comment: 3660/412 sq. ft., needs repair, Landholding Agency: Army Status: Excess presence of asbestos/lead paint, off-site use Property Number: 21199920288 Comment: various sq. ft., needs repair, only Status: Excess presence of asbestos/lead paint, most Bldgs. 08093 Comment: 148 sq. ft., needs repair, presence recent use—sentry station, off-site use only Fort Lewis of asbestos/lead paint, most recent use— Bldgs. 03100, 3101 Ft. Lewis Co: Pierce WA 98433– gas station, off-site use only Fort Lewis Landholding Agency: Army Bldg. D1154 Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920305 Fort Lewis Landholding Agency: Army Status: Excess Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920297 Comment: 289 sq. ft., needs repair, presence Landholding Agency: Army Status: Excess of asbestos/lead paint, most recent use— Property Number: 21199920289 Comment: various sq. ft., needs repair, boat storage, off-site use only Status: Excess presence of asbestos/lead paint, most Bldg. 8279 Comment: 1165 sq. ft., needs repair, presence recent use—storage, off-site use only Fort Lewis of asbestos/lead paint, most recent use— Bldgs. 4040 Ft. Lewis Co: Pierce WA 98433– day room, off-site use only Fort Lewis Landholding Agency: Army Bldg. 01205 Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920306 Fort Lewis Landholding Agency: Army Status: Excess

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Comment: 210 sq. ft., needs repair, presence Wisconsin Status: Unutilized of asbestos/lead paint, most recent use— Bldg. 1532 Reason: Extensive deterioration fuel disp. fac., off-site use only Fort McCoy Bldg. 83 Bldg. 8280, 8291 Ft. McCoy Co: Monroe WI 54656– Naval Air Weapons Station Fort Lewis Landholding Agency: Army Point Mugu Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920230 Oxnard Co: Ventura CA 93042– Landholding Agency: Army Status: Unutilized Landholding Agency: Navy Property Number: 21199920307 Comment: 2750 sq. ft., needs repair, presence Property Number: 77199920096 Status: Excess of asbestos/lead paint, most recent use— Status: Unutilized Comment: 800/464 sq. ft., needs repair, training, off-site use only Reason: Extensive deterioration presence of asbestos/lead paint, most Bldg. 1535 Bldg. 619 recent use—storage, off-site use only Fort McCoy Naval Air Weapons Station Bldg. 8956 Ft. McCoy Co: Monroe WI 54656– Point Mugu Fort Lewis Landholding Agency: Army Oxnard Co: Ventura CA 93042– Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920231 Landholding Agency: Navy Landholding Agency: Army Status: Unutilized Property Number: 77199920097 Property Number: 21199920308 Comment: 5310 sq. ft., needs rehab, presence Status: Unutilized Status: Excess of asbestos/lead paint, most recent use— Reason: Extensive deterioration Comment: 100 sq. ft., needs repair, presence training, off-site use only Bldg. 707 of asbestos/lead paint, most recent use— Bldg. 1536 Naval Air Weapons Station storage, off-site use only Fort McCoy Point Mugu Bldg. 9530 Ft. McCoy Co: Monroe WI 54656– Oxnard Co: Ventura CA 93042– Fort Lewis Landholding Agency: Army Landholding Agency: Navy Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920232 Property Number: 77199920098 Landholding Agency: Army Status: Unutilized Status: Unutilized Property Number: 21199920309 Comment: 5310 sq. ft., needs rehab, presence Reason: Extensive deterioration Status: Excess of asbestos/lead paint, most recent use— Bldg. 713 Comment: 64 sq. ft., needs repair, presence training, off-site use only Naval Air Weapons Station of asbestos/lead paint, most recent use— Bldg. 1539 Point Mugu sentry station, off-site use only Fort McCoy Oxnard Co: Ventura CA 93042– Bldg. 9574 Ft. McCoy Co: Monroe WI 54656– Landholding Agency: Navy Fort Lewis Landholding Agency: Army Property Number: 77199920099 Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920233 Status: Unutilized Landholding Agency: Army Status: Unutilized Reason: Extensive deterioration Property Number: 21199920310 Comment: 5310 sq. ft., needs rehab, presence Bldg. 714 Status: Excess of asbestos/lead paint, most recent use— Naval Air Weapons Station Comment: 6005 sq. ft., needs repair, presence training, off-site use only Point Mugu of asbestos/lead paint, most recent use— Bldg. 1540 Oxnard Co: Ventura CA 93042– veh. shop., off-site use only Fort McCoy Landholding Agency: Navy Bldg. 9596 Ft. McCoy Co: Monroe WI 54656– Property Number: 77199920100 Fort Lewis Landholding Agency: Army Status: Unutilized Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920234 Reason: Extensive deterioration Status: Unutilized Landholding Agency: Army Bldg. 742 Comment: 5310 sq. ft., needs rehab, presence Property Number: 21199920311 Naval Air Weapons Station of asbestos/lead paint, most recent use— Status: Excess Point Mugu training, off-site use only Comment: 36 sq. ft., needs repair, presence Oxnard Co: Ventura CA 93042– of asbestos/lead paint, most recent use— Bldg. 1544 Landholding Agency: Navy gas station, off-site use only Fort McCoy Property Number: 77199920101 Ft. McCoy Co: Monroe WI 54656– Bldg. 9627 Status: Unutilized Landholding Agency: Army Fort Lewis Reason: Extensive deterioration Property Number: 21199920235 Ft. Lewis Co: Pierce WA 98433– Bldg. 772 Status: Unutilized Landholding Agency: Army Comment: 3250 sq. ft., needs rehab, presence Naval Air Weapons Station Property Number: 21199920312 of asbestos/lead paint, most recent use— Point Mugu Status: Excess training, off-site use only Oxnard Co: Ventura CA 93042– Comment: 2249 sq. ft., needs repair, presence Landholding Agency: Navy of asbestos/lead paint, off-site use only Bldg. 6038 Property Number: 77199920102 Fort McCoy Bldg. 9939 Status: Unutilized Ft. McCoy Co: Monroe WI 54656– Reason: Extensive deterioration Fort Lewis Landholding Agency: Army Ft. Lewis Co: Pierce WA 98433– Property Number: 21199920236 Bldg. 813 Landholding Agency: Army Status: Unutilized Naval Air Weapons Station Property Number: 21199920313 Comment: 1400 sq. ft., needs repair, presence Point Mugu Status: Excess of asbestos/lead paint, most recent use— Oxnard Co: Ventura CA 93042– Comment: 600 sq. ft., needs repair, presence airfield operations, off-site use only Landholding Agency: Navy of asbestos/lead paint, most recent use— Property Number: 77199920103 recreation, off-site use only Unsuitable Properties Status: Unutilized Reason: Extensive deterioration Bldg. E0324 Buildings (by State) Fort Lewis Bldg. 7–818 Ft. Lewis Co: Pierce WA 98433– California Naval Air Weapons Station Landholding Agency: Army Bldg. 6–2 Point Mugu Property Number: 21199920314 Naval Air Weapons Station Oxnard Co: Ventura CA 93042– Status: Excess Point Mugu Landholding Agency: Navy Comment: 2207 sq. ft., needs repair, presence Oxnard Co: Ventura CA 93042– Property Number: 77199920104 of asbestos/lead paint, most recent use— Landholding Agency: Navy Status: Unutilized storage, off-site use only Property Number: 77199920095 Reason: Extensive deterioration

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Bldg. 00003 Landholding Agency: Navy Naval Warfare Assessment Station Naval Air Weapons Station Property Number: 77199920113 Corona Co: CA 91718– China Lake Co: CA 93555– Status: Excess Landholding Agency: Navy Landholding Agency: Navy Reason: Extensive deterioration Property Number: 77199920135 Property Number: 77199920105 10 Bldgs. Status: Excess Status: Excess Naval Air Weapons Station Reason: Extensive deterioration Reason: Extensive deterioration China Lake Co: CA 93555– Bldg. 545 10 Bldgs. Location: 25001, 30710, 30840, 30863, 30879, Naval Warfare Assessment Station Naval Air Weapons Station 30885, 30886, 30902, 30918, 30955 Corona Co: CA 91718– China Lake Co: CA 93555– Landholding Agency: Navy Landholding Agency: Navy Location: 52, 989, 1021, 1022, 1025, 1029, Property Number: 77199920114 Property Number: 77199920136 1032, 1033, 1040, 1042 Status: Excess Status: Excess Landholding Agency: Navy Reason: Extensive deterioration Reason: Extensive deterioration Property Number: 77199920106 10 Bldgs. Guam Status: Excess Naval Air Weapons Station Bldg. 294 Reason: Extensive deterioration China Lake Co: CA 93555– Communications Annex 10 Bldgs. Location: 30960, 30965, 30966, 30976, 30983, Dededo Co: GU 96537– Naval Air Weapons Station 31039, 31059, 31124, 31190, 31191 Landholding Agency: Navy China Lake Co: CA 93555– Landholding Agency: Navy Property Number: 77199920131 Location: 1178, 2242, 2334, 2335, 2339, 3262, Property Number: 77199920115 Status: Unutilized 15816, 15952, 20007, 20055 Status: Excess Reason: Secured Area Landholding Agency: Navy Reason: Extensive deterioration Property Number: 77199920107 Bldg. 296 10 Bldgs. Communications Annex Status: Excess Naval Air Weapons Station Reason: Extensive deterioration Dededo Co: GU 96537– China Lake Co: CA 93555– 10 Bldgs. Landholding Agency: Navy Location: 31417, 31427, 31483, 31503, 31505, Property Number: 77199920132 Naval Air Weapons Station 31511, 31514, 31515, 31518, 31579 China Lake Co: CA 93555– Status: Unutilized Landholding Agency: Navy Reason: Secured Area Location: 20185, 20192, 20209, 20263, 30140, Property Number: 77199920116 30855, 30888, 30929, 30954 Status: Excess Massachusetts Landholding Agency: Navy Reason: Extensive deterioration Frederick Murphy Federal Ctr Property Number: 77199920108 10 Bldgs. 424 Trapelo Road Status: Excess Naval Air Weapons Station Waltham Co: MA 00000– Reason: Extensive deterioration China Lake Co: CA 93555– Landholding Agency: GSA 10 Bldgs. Location: 31594, 31595, 31604, 31609, 32022, Property Number: 54199920005 Naval Air Weapons Station 32026, 32546, 32555, 32608, 70009 Status: Surplus China Lake Co: CA 93555– Landholding Agency: Navy Reason: Extensive deterioration Location: 30957, 30964, 30968, 31180, 31559, Property Number: 77199920117 GSA Number: 1–G–MA–0848 31567, 31618, 32538, 50127, 91063 Status: Excess Puerto Rico Landholding Agency: Navy Reason: Extensive deterioration Property Number: 77199920109 4 Bldgs. Status: Excess 10 Bldgs. STOP 71⁄2 Compound, Naval Reservation Reason: Extensive deterioration Naval Air Weapons Station San Juan Co: PR 34051– China Lake Co: CA 93555– Location: 440, 441, 442, 443 10 Bldgs. Location: 70020, 70024, 70025, 70026, 70038, Landholding Agency: Navy Naval Air Weapons Station 70039, 70045, 70047, 70050, 70051 Property Number: 77199920120 China Lake Co: CA 93555– Landholding Agency: Navy Status: Underutilized Location: 455, 935, 1097, 1363, 2315, 2316, Property Number: 77199920118 Reason: Secured Area 2317, 2325, 2612, 2614 Status: Excess Landholding Agency: Navy Bldgs. 444 Reason: Extensive deterioration 1 Property Number: 77199920110 STOP 7 ⁄2 Compound, Naval Reservation Status: Excess 9 Bldgs. San Juan Co: PR 34051– Reason: Extensive deterioration Naval Air Weapons Station Landholding Agency: Navy China Lake Co: CA 93555– Property Number: 77199920121 10 Bldgs. Location: 70052, 70053, 70060, 70061, 70139, Status: Underutilized Naval Air Weapons Station Reason: Secured Area China Lake Co: CA 93555– 91040, 91041, 91053, 91054 Location: 10636, 10637, 10976, 11161, 11693, Landholding Agency: Navy Bldgs. 445–447 Property Number: 77199920119 1 15818, 15819, 15953, 16014, 16015 STOP 7 ⁄2 Compound, Naval Reservation Landholding Agency: Navy Status: Excess San Juan Co: PR 34051– Property Number: 77199920111 Reason: Extensive deterioration. Landholding Agency: Navy Status: Excess Bldg. 529 Property Number: 77199920122 Reason: Extensive deterioration Naval Warfare Assessment Status: Underutilized 10 Bldgs. Station Reason: Secured Area Naval Air Weapons Station Corona Co: CA 91718– 6 Bldgs. China Lake Co: CA 93555– Landholding Agency: Navy STOP 71⁄2 Compound, Naval Reservation Location: 16082, 20004, 20008, 20032, 20033, Property Number: 77199920133 San Juan Co: PR 34051– 20065, 20066, 20107, 20117, 20120 Status: Excess Location: 448, 449, 450, 451, 452, 455 Landholding Agency: Navy Reason: Extensive deterioration Landholding Agency: Navy Property Number: 77199920112 Bldg. 535 Property Number: 77199920123 Status: Excess Naval Warfare Assessment Station Status: Underutilized Reason: Extensive deterioration Corona Co: CA 91718– Reason: Secured Area 10 Bldgs. Landholding Agency: Navy Bldg. 458 Naval Air Weapons Station Property Number: 77199920134 STOP 71⁄2 Compound, Naval Reservation China Lake Co: CA 93555– Status: Excess San Juan Co: PR 34051– Location: 20150, 20159, 20162, 20164, 20165, Reason: Extensive deterioration Landholding Agency: Navy 20200, 20203, 20204, 20205, 20208 Bldg. 540 Property Number: 77199920124

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Status: Unutilized topics are identified in the DEPARTMENT OF THE INTERIOR Reason: Extensive deterioration SUPPLEMENTARY INFORMATION. Bldgs. 461, 2157 Bureau of Land Management STOP 71⁄2 Compound, Naval Reservation DATES: The Ballast Water and Shipping San Juan Co: PR 34051– Committee will meet from 9:30 a.m. to [WO±350±2800 24 1A] Landholding Agency: Navy 4:30 p.m. on Wednesday, June 23, 1999. Property Number: 77199920125 OMB Approval Number 1004±0175: Status: Underutilized ADDRESSES: The Ballast Water and Information Collection Submitted to Reason: Secured Area Shipping Committee Meeting will be the Office of Management and Budget Bldgs. 28–29 held in Room 2415, U.S. Coast Guard for Review Under the Paperwork STOP 71⁄2 Compound, Naval Reservation Headquarters, 2100 Second Street, SW, Reduction Act San Juan Co: PR 34051– Washington, DC 20593–0001. Landholding Agency: Navy AGENCY: Bureau of Land Management, Property Number: 77199920126 FOR FURTHER INFORMATION CONTACT: LT Interior. Status: Unutilized Mary Pat McKeown, Chair, Ballast ACTION: Notice and request for Reason: Extensive deterioration Water and Shipping Committee, at 202– comments. Bldgs. 30–31 267–0500 or 1 The proposed collection of STOP 7 ⁄2 Compound, Naval Reservation [email protected] or San Juan Co: PR 34051– information listed below has been Executive Secretary, Aquatic Nuisance Landholding Agency: Navy submitted to the Office of Management Property Number: 77199920127 Species Task Force, at 703–358–1718. and Budget (OMB) for approval under Status: Unutilized SUPPLEMENTARY INFORMATION: Pursuant the provisions of the Paperwork Reason: Extensive deterioration to section 10(a)(2) of the Federal Reduction Act, 44 U.S.C. 3501 et seq. on Bldg. 104 1 Advisory Committee Act (5 U.S.C. App. March 1, 1999, BLM published a notice STOP 7 ⁄2 Compound, Naval Reservation in the Federal Register (64 FR 10011) San Juan Co: PR 34051– I), we announce a meeting of the Ballast Landholding Agency: Navy Water and Shipping Committee on the requesting comments on this proposed Property Number: 77199920128 Aquatic Nuisance Species Task Force collection. The comment period ended Status: Unutilized was established by the Nonindigenous on April 30, 1999. BLM received no Reason: Extensive deterioration Aquatic Nuisance Prevention and comments for the public in response to Bldg. 459 Control Act of 1990 (16 U.S.C. 4701– that notice. Copies of the proposed 1 STOP 7 ⁄2 Compound, Naval Reservation 4741). collection of information and related San Juan Co: PR 34051– forms and explanatory material may be Landholding Agency: Navy Topics to be addressed include an obtained by contacting the BLM Property Number: 77199920129 update on efforts to compile a directory clearance officer at the telephone Status: Unutilized of ballast water research and Reason: Extensive deterioration number listed below. OMB is required technologies, factors to be considered in to respond to this request within 60 Structure 460 evaluating treatment technologies and days but may respond after 30 days. For STOP 71⁄2 Compound, Naval Reservation San Juan Co: PR 34051– management practices, and the nature maximum consideration, your Landholding Agency: Navy and process for developing strategic comments and suggestions on the Property Number: 77199920130 national priorities for ballast water requirement should be made within 30 Status: Underutilized management research and development. days to the Office of Management and Reason: Secured Area Time permitting, presentations will be Budget, Interior Desk Officer (1004– 0175), Office of Information and Land (by State) made describing specific ballast water management technologies and practices. Regulatory Affairs, Washington, DC California 20503 (telephone (202) 395–7340. Minutes of the meeting will be Excess Land at Eureka Housing Please provide a copy of your comments Eureka Co: Humboldt CA 95501– maintained by the Executive Secretary, to the Bureau Clearance Officer (WO– Landholding Agency: GSA Aquatic Nuisance Species Task Force, 630), 1849 C St., NW., Mail Stop 401 LS, Property Number: 87199540001 Suite 851, 4401 North Fairfax Drive, Washington, DC 20240. Status: Excess Arlington, Virginia 22203–1622 and the Reason: Inaccessible Chair of the Ballast Water and Shipping Nature of Comments GSA Number: 9UCA1527 Committee at Environmental Standards We specifically request your [FR Doc. 99–13881 Filed 6–3–99; 8:45 am] Division, Office of Operations and comments on the following: BILLING CODE 4210±29±M Environmental Standards, U.S. Coast 1. Whether the collection of Guard (G–MSO–4), 2100 Second Street, information is necessary for the proper SW, Room 1309, Washington, DC functioning of the Bureau of Land DEPARTMENT OF THE INTERIOR 20593–0001. Minutes for the meetings Management, including whether the will be available at these locations for information will have practical utility; Fish and Wildlife Service public inspection during regular 2. The accuracy of BLM’s estimate of business hours, Monday through Friday. the burden of collecting the information, Aquatic Nuisance Species Task Force including the validity of the Meeting Dated: June 1, 1999. methodology and assumptions used; AGENCY: Fish and Wildlife Service, Rowan W. Gould, 3. The quality, utility, and clarity of Interior. Acting Co-Chair, Aquatic Nuisance Species the information to be collected; and ACTION: Notice of meeting. Task Force, Acting Assistant Director— 4. How to minimize the burden of Fisheries. collecting the information on those who SUMMARY: This notice announces a [FR Doc. 99–14183 Filed 6–3–99; 8:45 am] are to respond, including the use of meeting of the Ballast Water and BILLING CODE 4310±55±M appropriate automated electronic, Shipping Committee of the Aquatic mechanical, or other forms of Nuisance Species Task Force. Meeting information technology.

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Title: Identification of phone at BLM’s Southwest Center in SUMMARY: The Bureau of Land Communications Site Tenants and Montrose will be available for any Management proposes to issue a Tenant Uses. member of the public wishing to noncompetitive lease on the following OMB Approval Number: 1004–0175. participate in the conference call. described public land to resolve an Abstract: BLM collects information Summary minutes for Council unintentional occupancy trespass: from holders of rights-of-way for meetings are maintained in the Principal Meridian, Montana communication sites on public lands. Southwest Center Office and on the This information concerns the identity World Wide Web at http:// T. 10 N., R 4 W., and type of use of tenants. This Sec. 36, a Metes and Bounds tract within www.co.blm.gov/mdo/ Lot 41; comprising 0.023 acres. information enables BLM to meet its mdolswlrac.htm and are available for statutory obligation to collect annually public inspection and reproduction The public land is located within the from communication site grant holders within thirty (30) days following each city limits of Helena, MT. The lease the fair market value of the right-of-way. meeting. would be issued under Section 302 of the Federal Land Policy and BLM uses the information to calculate Dated: June 1, 1999. the annual rent for the facility, based on Management Act (FLPMA) of 1976, 43 Roger Alexander, the highest value use in the facility. U.S.C. 1732, and subsequent regulations Bureau Form: None. Public Affairs Specialist. found at 43 CFR Part 2920. The lease Frequency: Annually. [FR Doc. 99–14282 Filed 6–3–99; 8:45 am] would be issued for a term of 30 years Description of Respondents: BILLING CODE 4310±JB±M with the right of renewal. Fair market Respondents are holders of rental will be collected at 5-year communication site right-of-way grants. intervals subject to reappraisal at the Annual Responses: 1,500. DEPARTMENT OF THE INTERIOR beginning of each period. A final Annual Burden Hours: 1,500. determination on the lease of the public [NM±050±1430±00] Collection Clearance Officer: Carole land will be made after completion of an Smith, (202) 452–0367. Notice of Reopening of Public Land, environmental assessment. The City of Dated: May 12, 1999. Socorro County, NM Helena has applied for a Recreation and Carole J. Smith, Public Purpose patent on Lot 41, which AGENCY: Bureau of Land Management totals 17.03 acres. The patent would be BLM Information Clearance Officer. (BLM), Interior. issued subject to the proposed lease. [FR Doc. 99–14195 Filed 6–3–99; 8:45 am] ACTION: Reopening order. DATES: For a period of 45 days from the BILLING CODE 4310±84±M date of publication of this notice in the SUMMARY: Notice is hereby given that Federal Register, interested parties may the temporary emergency closure of DEPARTMENT OF THE INTERIOR submit comments to the Field Manager, public land in Socorro County, New Butte Field Office, P.O. Box 3388, Butte, Bureau of Land Management Mexico, which was announced in the MT 59702–3388. Federal Register on Thursday, May 20, FOR FURTHER INFORMATION CONTACT: [CO±700±99±1010±00±1784] 1999, Vol. 64, No. 97, page 27600, is no longer in effect. The lands described in Elizabeth Williams at the above address Southwest Resource Advisory Council the temporary closure notice are or at 406–494–5059. Meeting reopened to public use and access. Dated: May 20, 1999. AGENCY: Bureau of Land Management, DATES: The reopening of the subject Merle Good, Interior. public land is effective as of May 26, Field Manager. ACTION: Notice; Resource Advisory 1999. [FR Doc. 99–14123 Filed 6–3–99; 8:45 am] Council Meeting. FOR FURTHER INFORMATION CONTACT: Kate BILLING CODE 4310±DN±M Padilla, Socorro Field Manager, or Jon SUMMARY: Notice is hereby given that Hertz, Assistant Field Manager, 198 the Southwest Resource Advisory Neel Avenue, NW, Socorro, NM 87801, DEPARTMENT OF THE INTERIOR Council (Southwest RAC) will hold a telephone (505) 835–0412. special meeting via conference call. Bureau of Land Management Dated: May 26, 1999. DATES: The conference call will be held [ES±960±1910±4595] ES±50412, Group 200, Kate Padilla, on Thursday, June 10, 1999. Florida Field Manager. ADDRESSES: For additional information, [FR Doc. 99–14192 Filed 6–3–99; 8:45 am] Notice of Filing of Plat of Survey; contact Roger Alexander, Bureau of Florida Land Management (BLM), Southwest BILLING CODE 4310±MW±P Center, 2465 South Townsend Avenue, The plat of the dependent resurvey of Montrose, Colorado 81401; telephone DEPARTMENT OF THE INTERIOR fractional sections 20 and 29, and the 970–240–5335, TDD 970–240–5366; e- survey of lots 8 and 9 in fractional l mail Roger [email protected]. Bureau of Land Management section 20, Township 9 South, Range 11 SUPPLEMENTARY INFORMATION: The June West, Tallahassee Meridian, Florida, 10, 1999, conference call will begin at [MT±070±99±1030±00±MTM±89252] will be officially filed in Eastern States, 11:30 a.m. and end no later than 12:30 Springfield, VA at 7:30 a.m., on July 9, p.m. The agenda will be limited to the Notice of Realty Action, Proposal To 1999. selection of a Southwest RAC subgroup Lease Public Land in Lewis and Clark The survey was requested by the U.S. to conduct a public input process to County, MT Army Corps of Engineers. obtain concerns and comments on the AGENCY: Bureau of Land Management, All inquiries or protests concerning future management of the Anasazi Interior. the technical aspects of the survey must Culture Multiple Use Area of Critical be sent to the Chief Cadastral Surveyor, ACTION: Notice of realty action. Environmental Concern. The conference Eastern States, Bureau of Land

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Management 7450 Boston Boulevard, Dated: May 27, 1999. Import Investigations, U.S. International Springfield, VA 22153, prior to 7:30 Kate Padilla, Trade Commission, telephone 202–205– a.m., July 9, 1999. Field Manager. 2571. Copies of the plat will be made [FR Doc. 99–14193 Filed 6–3–99; 8:45 am] Authority: The authority for institution of available upon request and prepayment BILLING CODE 4310±MW±P this investigation is contained in section 337 of the appropriate fee. of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s rules Dated: May 25, 1999. INTERNATIONAL TRADE of practice and procedure, 19 C.F.R. 210.10 Stephen G. Kopach, (1998). Chief Cadastral Surveyor. COMMISSION SCOPE OF INVESTIGATION: Having [FR Doc. 99–14194 Filed 6–3–99; 8:45 am] [Investigation No. 337±TA±420] considered the complaint, the U.S. BILLING CODE 4310±JG±M In the Matter of Certain Beer Products; International Trade Commission, on Notice of Investigation May 27, 1999, ordered that— (1) Pursuant to subsection (b) of DEPARTMENT OF THE INTERIOR AGENCY: U.S. International Trade section 337 of the Tariff Act of 1930, as Bureau of Land Management Commission. amended, an investigation be instituted ACTION: Institution of investigation to determine whether there is a pursuant to 19 U.S.C. 1337. violation of subsection (a)(1)(C) of [MT±924±1430±01; MTM 89170] section 337 in the importation into the SUMMARY: Notice is hereby given that a Proposed Withdrawal and Opportunity United States, the sale for importation, complaint was filed with the U.S. for Public Meeting; Montana; or the sale within the United States after International Trade Commission on May Correction importation of certain beer products, by 3, 1999, under section 337 of the Tariff reason of infringement of U.S. AGENCY: Bureau of Land Management, Act of 1930, as amended, 19 U.S.C. Trademark Registration Nos. 922,481, Interior. 1337, on behalf of Anheuser-Busch 952,277, or 666,367. The complaint Incorporated, One Busch Place, St. further alleges that there exists an ACTION: Notice. Louis, MO 63118–1852. A supplement industry in the United States as required to the complaint was filed on May 28, by subsection (a)(2) of section 337. SUMMARY: This notice corrects an error 1999. The complaint, as supplemented, (2) For the purpose of the in the land description published as FR alleges violations of section 337 in the investigation so instituted, the following Doc. 99–13531 in the Federal Register, importation into the United States, the are hereby named as parties upon which 64 FR 28833–4, May 27, 1999, for a sale for importation, and the sale within this notice of investigation shall be proposed Bureau of Land Management the United States after importation of served: withdrawal. certain beer products by reason of (a) The complainant is: Anheuser- On page 28834, column 1, line 4 from infringement of U.S. Trademark Busch Incorporated, One Busch Place, the bottom of the column, which reads Registration Nos. 922,481, 952,277, and St. Louis, MO 63118–1852. ‘‘W1⁄2NE1⁄4SW1⁄4SE1⁄4, W1⁄2SW1⁄2SE1⁄4,’’ 666,367. The complaint further alleges (b) The respondents are the following is hereby corrected to read that there exists an industry in the companies alleged to be in violation of ‘‘W1⁄2NE1⁄4SW1⁄4SE1⁄4, W1⁄2SW1⁄4SE1⁄4.’’ United States as required by subsection section 337, and are the parties upon Dated: May 28, 1999. (a)(2) of section 337. which the complaint is to be served: John E. Moorhouse, The complainant requests that the Budejovicky Budvar, N.P., Karoliny Commission institute an investigation Acting Deputy State Director, Division of Svetle 4, 370 21 Ceske Budejovice, Resources. and, after a hearing, issue a permanent Czech Republic exclusion order and permanent cease [FR Doc. 99–14197 Filed 6–3–99; 8:45 am] Argen-Wine Imports, Ltd., 1303 Liriope and desist orders. BILLING CODE 4310±DP±P Ct., Belcamp, MD 21017–1376 ADDRESSES: The complaint, except for (c) Thomas S. Fusco, Esq., Office of any confidential information contained Unfair Import Investigations, U.S. DEPARTMENT OF THE INTERIOR therein, is available for inspection International Trade Commission, 500 E during official business hours (8:45 a.m. Street, S.W., Room 401–O, Washington, Bureau of Land Management to 5:15 p.m.) in the Office of the DC 20436, who shall be the Commission Secretary, U.S. International Trade investigative attorney, party to this [NM±050±1150±00; NMNM 95118] Commission, 500 E Street, SW, Room investigation; and 112, Washington, DC 20436, telephone (3) For the investigation so instituted, Notice of Proposed Withdrawal and 202–205–2000. Hearing-impaired the Honorable Debra Morriss is Opportunity for Public Meeting; New individuals are advised that information designated as the presiding Mexico on this matter can be obtained by Administrative Law Judge. contacting the Commission’s TDD Responses to the complaint and the AGENCY: Bureau of Land Management terminal on 202–205–1810. Persons notice of investigation must be (BLM), Interior. with mobility impairments who will submitted by the named respondents in ACTION: Correction notice. need special assistance in gaining access accordance with section 210.13 of the to the Commission should contact the Commission’s rules of practice and SUMMARY: In Federal Register Volume Office of the Secretary at 202–205–2000. procedure, 19 C.F.R. 210.13. Pursuant to 64, Pages 26438–26439, Number 93 of General information concerning the 19 C.F.R. 201.16(d) and 210.13(a) of the Friday, May 14, 1999, Notices, under Commission may be obtained by Commission’s Rules, such responses SUPPLEMENTARY INFORMATION, third accessing its internet server (http:// will be considered by the Commission paragraph, delete second sentence; www.usitc.gov). if received not later than 20 days after ‘‘Until an application is filed, no further FOR FURTHER INFORMATION CONTACT: the date of service by the Commission action will be taken on this proposal.’’ Thomas S. Fusco, Esq., Office of Unfair of the complaint and the notice of

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30059 investigation. Extensions of time for reach a preliminary determination in Limited Disclosure of Business submitting responses to the complaint antidumping investigations in 45 days, Proprietary Information (BPI) Under an will not be granted unless good cause or in this case by July 12, 1999. The Administrative Protective Order (APO) therefor is shown. Commission’s views are due at the and BPI Service List Failure of a respondent to file a timely Department of Commerce within five Pursuant to section 207.7(a) of the response to each allegation in the business days thereafter, or by July 19, Commission’s rules, the Secretary will complaint and in this notice may be 1999. make BPI gathered in this investigation deemed to constitute a waiver of the For further information concerning available to authorized applicants right to appear and contest the representing interested parties (as allegations of the complaint and this the conduct of this investigation and rules of general application, consult the defined in 19 U.S.C. 1677(9)) who are notice, and to authorize the parties to the investigation under the administrative law judge and the Commission’s Rules of Practice and Procedure, part 201, subparts A through APO issued in the investigation, Commission, without further notice to provided that the application is made the respondents, to find the facts to be E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). not later than seven days after the as alleged in the complaint and this publication of this notice in the Federal notice and to enter both an initial EFFECTIVE DATE: May 27, 1999. Register. A separate service list will be determination and a final determination maintained by the Secretary for those FOR FURTHER INFORMATION CONTACT: containing such findings, and may parties authorized to receive BPI under Jonathan Seiger (202–205–3183), Office result in the issuance of a limited the APO. exclusion order or a cease and desist of Investigations, U.S. International order or both directed against such Trade Commission, 500 E Street SW, Conference respondent. Washington, DC 20436. Hearing- The Commission’s Director of Issued: May 28, 1999. impaired persons can obtain Operations has scheduled a conference By order of the Commission. information on this matter by contacting in connection with this investigation for Donna R. Koehnke, the Commission’s TDD terminal on 202– 9:30 a.m. on June 17, 1999, at the U.S. 205–1810. Persons with mobility Secretary. International Trade Commission impairments who will need special [FR Doc. 99–14201 Filed 6–3–99; 8:45 am] Building, 500 E Street S.W., assistance in gaining access to the Washington, DC. Parties wishing to BILLING CODE 7020±02±P Commission should contact the Office participate in the conference should of the Secretary at 202–205–2000. contact Jonathan Seiger (202–205–3183) INTERNATIONAL TRADE General information concerning the not later than June 15, 1999, to arrange COMMISSION Commission may also be obtained by for their appearance. Parties in support accessing its internet server (http:// of the imposition of antidumping duties [Investigation No. 731±TA±827 www.usitc.gov). in this investigation and parties in (Preliminary)] opposition to the imposition of such SUPPLEMENTARY INFORMATION: Nitrile Rubber From Korea duties will each be collectively Background allocated one hour within which to AGENCY: United States International make an oral presentation at the Trade Commission. This investigation is being instituted conference. A nonparty who has ACTION: Institution of antidumping in response to a petition filed on May testimony that may aid the investigation and scheduling of a 27, 1999, by Zeon Chemicals, L.P., Commission’s deliberations may request preliminary phase investigation. Louisville, KY, and Uniroyal Chemical permission to present a short statement Company, Inc., Middlebury, CT. at the conference. SUMMARY: The Commission hereby gives notice of the institution of an Participation in the Investigation and Written Submissions investigation and commencement of Public Service List As provided in sections 201.8 and preliminary phase antidumping Persons (other than petitioners) 207.15 of the Commission’s rules, any investigation No. 731–TA–827 wishing to participate in the person may submit to the Commission (Preliminary) under section 733(a) of the on or before June 22, 1999, a written investigation as parties must file an Tariff Act of 1930 (19 U.S.C. 1673b(a)) brief containing information and entry of appearance with the Secretary (the Act) to determine whether there is arguments pertinent to the subject to the Commission, as provided in a reasonable indication that an industry matter of the investigation. Parties may sections 201.11 and 207.10 of the in the United States is materially file written testimony in connection injured or threatened with material Commission’s rules, not later than seven with their presentation at the conference injury, or the establishment of an days after publication of this notice in no later than three days before the industry in the United States is the Federal Register. Industrial users conference. If briefs or written materially retarded, by reason of and (if the merchandise under testimony contain BPI, they must imports from Korea of acrylonitrile- investigation is sold at the retail level) conform with the requirements of butadiene rubber (nitrile rubber), representative consumer organizations sections 201.6, 207.3, and 207.7 of the provided for in subheading 4002.59.00 have the right to appear as parties in Commission’s rules. The Commission’s of the Harmonized Tariff Schedule of Commission antidumping rules do not authorize filing of the United States, that are alleged to be investigations. The Secretary will submissions with the Secretary by sold in the United States at less than fair prepare a public service list containing facsimile or electronic means. value. Unless the Department of the names and addresses of all persons, In accordance with sections 201.16(c) Commerce extends the time for or their representatives, who are parties and 207.3 of the rules, each document initiation pursuant to section to this investigation upon the expiration filed by a party to the investigation must 732(c)(1)(B) of the Act (19 U.S.C. of the period for filing entries of be served on all other parties to the 1673a(c)(1)(B)), the Commission must appearance. investigation (as identified by either the

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30060 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices public or BPI service list), and a findings of fact and conclusions of law a new DEA registration. After the certificate of service must be timely as hereinafter set forth. The Deputy investigator left his office, Respondent filed. The Secretary will not accept a Administrator adopts the Opinion and telephoned DEA’s New Orleans Field document for filing without a certificate Recommended Ruling, Findings of Fact, Division to confirm that he was not of service. Conclusions of Law and Decision of he permitted to handle controlled Authority: This investigation is being Administrative Law Judge, except as substances. conducted under authority of title VII of the specifically noted below. His adoption On August 21, 1987, the owner of the Tariff Act of 1930; this notice is published is in no manner diminished by any pharmacy located cross the street from pursuant to section 207.12 of the recitation of facts, issues and Respondent’s office called the DEA Commission’s rules. conclusions herein, or of any failure to investigator and informed her that a Issued: May 28, 1999. mention a matter of fact or law. friend of his had recently visited By order of the Commission. The Deputy Administrator finds that Respondent and was given a medication Donna R. Koehnke, Respondent graduated from medical bottle filled with Lorcet, a Schedule III school in 1976 and entered private controlled substance, and Valium, a Secretary. practice as a general practitioner in Schedule IV controlled substance, in [FR Doc. 99–14202 Filed 6–3–99; 8:45 am] 1977. In 1976, Respondent was issued exchange for $5.00. During a subsequent BILLING CODE 7020±02±P DEA Certificate of Registration interview, the individual confirmed this AH7179725, which he allowed to expire information and also indicated that on October 31, 1980. According to Respondent had dispensed Vicodin, a DEPARTMENT OF JUSTICE Respondent, he moved office locations Schedule III controlled substance, to the without advising DEA of his new individual’s wife on August 27, 1987. Drug Enforcement Administration address, and as a result he did not As a result of this information, the [Docket No. 98±10] receive the renewal application for his DEA investigator contacted several registration. pharmaceutical companies to determine Lawrence C. Hill, M.D.; Conditional In July 1987, Respondent called whether Respondent had ordered any Grant of Restricted Registration DEA’s New Orleans Field Division and controlled substances since July 16, requested that he be issued DEA order 1987. One company indicated that on On January 2, 1998, the Deputy forms to enable him to purchase September 16, 1987, Respondent had Assistant Administrator, Office of Schedule II controlled substances. requested 100 dosage units of Lorcet Diversion Control, Drug Enforcement Respondent was informed that his DEA and 100 dosage units of Lorcet Plus Administration (DEA), issued an Order registration had expired and that he misrepresenting that his expired DEA to Show Cause to Lawrence C. Hill, would need to apply for and receive a registration AH7179725 would expire M.D. (Respondent) of Monroe, new registration before he could again on October 31, 1987. A second company Louisiana, notifying him if an handle controlled substances. On July advised that since July 17, 1987, opportunity to show cause as to why 16, 1987, Respondent executed an Respondent had requested and received DEA should deny his pending application for a new DEA registration. controlled substances such as Valium, application for registration as a on that same day a DEA investigator Dalmane and Limbitrol, all Schedule IV practitioner pursuant to 21 U.S.C. visited Respondent at his office and controlled substances. Finally, the 823(f), for reason that his registration reiterated that his previous DEA records of a third company showed that would be inconsistent with the public registration had expired and that he Respondent used his expired DEA interest. could no handle controlled substances registration on July 28, 1987 to request By letter dated January 30, 1998, until he received a new DEA 100 dosage units of Vicodin. Respondent, through counsel, filed a registration. On July 20, 1987, Based upon this information, several request for a hearing, and following Respondent contacted the investigator’s undercover visits were made to prehearing procedures, a hearing was supervisor to verify what he had been Respondent’s office in an attempt to held in Monroe, Louisiana on May 6 told. Respondent was again advised that determine whether Respondent would and 7, 1998, before Administrative Law he could not handle controlled prescribe, dispense or administer Judge Mary Ellen Bittner. At the substances until he received a new DEA controlled substances to the undercover hearing, both parties called witnesses to registration. officers. No controlled substances were testify and introduced documentary On August 13, 1987, the investigator obtained by the undercover officers. evidence. After the hearing, both parties visited the pharmacy located across the On December 9, 1987, a search submitted proposed findings of fact, street from Respondent’s office. The warrant was executed at Respondent’s conclusions of law and argument. investigator discovered that Respondent office and investigators found, among On October 30, 1998, Judge Bittner had issued 44 controlled substance other things, a small amount of issued her Opinion and Recommended prescriptions since July 17, 1987, when controlled substances. Respondent told Ruling, Findings of Fact, Conclusions of she had advised him that he was not the investigators that he did not realize Law and Decision, recommending that authorized to handle controlled that there were still controlled Respondent’s application for substances. A subsequent review of substances in his office and that he registration be granted. Neither party another pharmacy’s records revealed thought that he had disposed of all of filed exceptions to the Administrative that Respondent issued an addition 54 them. During execution of the warrant, Law Judge’s recommended decision, controlled substance prescriptions records of patients who had received and on December 2, 1998, Judge Bittner between July 17 and August 13, 1987. controlled substances from Respondent transmitted the record of these The investigator questioned were seized. These records were then proceedings to the Deputy Respondent about these prescriptions. turned over to the Louisiana State Board Administrator. Respondent indicated that another of Medical Examiners (Medical Board) The Deputy Administrator has physician had agreed to ‘‘cover’’ his for its review. considered the record in its entirety, prescriptions. Respondent was again In November 1988, Respondent and pursuant to 21 CFR 1316.67, hereby advised that he could not handle withdrew his pending application for issues his final order based upon controlled substances until he received registration with DEA after he received

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Conway registration should be denied because patients, ‘‘in amount, frequency, and Hospital, Louisiana State University he continued to handle controlled duration, in excess of any legitimate Monroe Medical Center in Monroe, substances after being told several times justification.’’ Rather than have these Louisiana (LSU Monroe Medical that he was not authorized to do so. charges adjudicated at a hearing, Center). Respondent was considered an Respondent contends that he made Respondent entered into a Consent impaired physician because according mistakes in his past, but he has been Order with the Medical Board on June to the hospital’s medical director, ‘‘he rehabilitated. He further asserts that he 12, 1989, however he did not admit the just frankly didn’t believe that the rules needs a DEA registration in order to accuracy of the allegations. Pursuant to applied to himself * * *.’’ As a result, better care for his patients. the Consent Order Respondent’s Respondent was closely monitored Pursuant to 21 U.S.C. 823(f) and medical license was suspended for six during his residency. During the final 824(a)(4), the Deputy Administrator may months, and then placed on probation year of his residency, Respondent was revoke a DEA Certificate of Registration until June 1, 1999. Respondent was elected chief resident. and deny any pending application for prohibited from handling controlled After graduating from the residency renewal of such registration, if he substances for the duration of his program in 1992, Respondent was determines that the continued medical career; fined $5,000; and offered a position at the emergency registration would be inconsistent with ordered to attend at least 50 credit hours room at LSU Monroe Medical Center, the public interest. Section 823(f) per year of continuing medical where he was still working as of the requires that the following factors be education. date of the hearing. Respondent considered in determining the public The United States Attorney’s Office administers and dispenses controlled interest: contemplated criminally prosecuting substances using the hospital’s DEA (1) The recommendation of the Respondent for using an expired DEA registration, however, he does not issue appropriate State licensing board or registration to prescribe and order controlled substance prescriptions. professional disciplinary authority. controlled substances. However, At the hearing, Respondent testified (2) The applicant’s experience in criminal prosecution was declined in that following the lifting of his dispensing, or conducting research with light of Respondent’s agreement to a probation, he applied for and received respect to controlled substances. lifetime suspension of his controlled his Louisiana controlled substance (3) The applicant’s conviction record substance authority as contained in the license, however he let it lapse since he under Federal or State laws relating to Consent Order with the Medical Board. did not have a DEA registration. the manufacture, distribution, or For the same reasons, the United States Following the hearing, on July 7, 1998, dispensing of controlled substances. Attorney’s Office declined to pursue a Respondent introduced into evidence a (4) Compliance with applicable State, civil complaint against Respondent. copy of his Louisiana Controlled Federal, or local laws relating to However, on August 10, 1994, the Dangerous Substance License with an controlled substances. Medical Board issued a letter to expiration date of March 1, 1998. (5) Such other conduct which may Respondent, notifying him that ‘‘the After the Medical Board lifted his threaten the public health and safety. Board voted to grant your request for probation, Respondent became Board These factors are to be considered in the release from your probation and allow certified in family practice. To maintain disjunctive; the Deputy Administrator you to apply for your DEA privileges.’’ his certification, he is required to attend may rely on any one or a combination As a result, Respondent submitted the at least 50 hours of continuing medical of factors and may give each factor the application that is the subject of these education each year. weight he deems appropriate in proceedings. A number of Respondent’s determining whether a registration At the hearing in this matter, the supervisors and colleagues testified on should be revoked or an application for Government introduced a letter to DEA his behalf at the hearing and/or wrote registration denied. See Henry J. dated July 28, 1995, from the United letters of recommendation for Schwartz, Jr., M.D., 54 FR 16,422 (1989). States Attorney for the Western District Respondent. Essentially it was the Regarding factor one, there is no of Louisiana objecting to Respondent position of these physicians that dispute that in June 1989, the Medical being granted a DEA registration. Respondent does not pose a threat to the Board issued a Consent Order that According to the United States Attorney public health and safety; that he is a suspended Respondent’s medical a ‘‘key factor’’ in the decision not to competent, hard working physician; that license for six months, placed him on criminally prosecute Respondent in he is well respected by his peers; and probation for nine and one-half years, 1989 was his agreement to forfeit, for that they have no hesitation in and prohibited him from handling life, his privilege to handle controlled recommending that Respondent be controlled substances for life. It is also substances. He further stated that ‘‘had issued a DEA registration. undisputed that in 1994, the Medical this office known [Respondent] would Respondent testified that with respect Board removed all restrictions from not live up to his word, this office to his handling of controlled substances Respondent’s medical license and would have vigorously prosecuted in the 1980s he felt that he was ‘‘under- permitted him to apply for a DEA him.’’ trained’’ and that he would do things Certificate of Registration. Respondent testified at the hearing differently now in light of all of his However, what is in dispute is that as a result of the suspension of his subsequent training. He further testified whether Respondent is currently medical license he closed his medical that he had learned from his mistakes authorized to handle controlled practice. He further testified that after and that although he has gone through substances in Louisiana. Judge Bittner the investigation, he ‘‘went through a difficult times because of those concluded that ‘‘Respondent also

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30062 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices received his Louisiana controlled 1987. Respondent has undergone The Deputy Administrator appreciates substance license. Thus, Respondent is extensive training in among other the concerns of the United States now fully licensed in Louisiana.’’ The things, how to properly handle Attorney’s Office. Respondent agreed Deputy Administrator does not believe controlled substances. He has been with the Medical Board not to handle that such a conclusion can be drawn working at LSU Monroe Medical Center controlled substances for the duration of from the evidence in the record. At the since 1992 and has been administering his medical career. In light of this hearing, Respondent testified that he and dispensing controlled substances agreement, the United States Attorney’s allowed his state controlled substance under the hospital’s DEA registration. Office declined to criminally or civilly permit to lapse since he was not There are no allegations that he has prosecute Respondent for his registered with DEA. Judge Bittner kept improperly handled controlled wrongdoing. While it is true that there the record open following the substances or failed to comply with was no formal agreement with the conclusion of the hearing to allow controlled substance laws since 1987. In United States Attorney’s Office or DEA, Respondent to present evidence that he fact, Respondent’s supervisors and Respondent clearly was aware that his is currently authorized to handle colleagues are of the opinion that agreement with the Medical Board was controlled substances in Louisiana, a Respondent is a hard working, the reason that he was not criminally prerequisite to DEA registration in that dedicated professional and that he is not prosecuted. Then in 1994, Respondent state. By letter dated July 7, 1998, a threat to the public health and safety. sought to be released from his counsel for Respondent forwarded a Regarding factor three, there is no agreement with the Medical Board, and copy of Respondent’s Louisiana evidence that Respondent has ever been as a result, he is no longer prohibited controlled dangerous substance license. convicted under State or Federal laws from handling controlled substances. However, review of this license relating to controlled substances. However, the Deputy Administrator indicates that it expired on March 1, Under factor five, the Government must look at the record as a whole to 1998. Therefore, there is a question as asserted that the only reason determine whether Respondent’s to whether Respondent is in fact Respondent was not prosecuted for his registration is currently in the public currently authorized to handle use of his expired DEA registration to interest. In light of Respondent’s controlled substances in Louisiana. This handle controlled substances was admission of wrongdoing and is significant because DEA does not because he agreed with the Medical expressions of remorse; his training Board to the lifetime suspension of his have the statutory authority under the since 1989; and his handling of ability to handle controlled substances. Controlled Substances Act to register a controlled substances since at least 1992 In his July 28, 1995 letter, the United practitioner unless that practitioner is using the hospital’s DEA registration States Attorney stated, ‘‘(Respondent) authorized by the state to handle with no problems, the Deputy received the benefit of his agreement controlled substances. See 21 U.S.C. Administrator agrees with Judge Bittner and now, when the statute of limitations 802(21) and 823(f). that it is in the public interest to issue prohibits (the United States Attorney’s As to factors two and four, Respondent a DEA Certificate of Respondent’s experience in handling Office) from taking further action, he Registration. controlled substances and his wants to ‘renege’ on the agreement.’’ But But, given the egregious nature of compliance with applicable laws as Judge Bittner noted ‘‘the only formal Respondent’s conduct in the 1980s and relating to controlled substances, the agreement that Respondent would not that he has not had his own DEA evidence is clear that Respondent seek to handle controlled substances handled controlled substances, the was between Respondent and the registration since 1980, the Deputy evidence is clear that respondent Medical Board, and neither the United Administrator concludes that a handled controlled substances in 1987 States Attorney nor DEA has standing to restricted registration is appropriate. knowing that he was not authorized to assert any rights with regard to that Respondent needs to demonstrate his do so. He used his expired DEA agreement or to claim detrimental ability to effectively and responsibly Certificate of Registration to prescribe, reliance on it.’’ handle controlled substances with his dispense, administer, and order Judge Bittner concluded that the own DEA registration. Imposing strict controlled substances in violation of 21 Government presented a prima facie controls upon Respondent’s registration U.S.C. 843(a)(2). case for denying Respondent’s ‘‘will allow Respondent to demonstrate While there is some indication that application for registration based upon that he can responsibly handle Respondent may have excessively Respondent’s use of his expired DEA controlled substances in his medical prescribed diet pills to 11 patients, the registration to continue to handle practice, yet simultaneously protect the only evidence presented regarding this controlled substances in the 1980s and public by providing a mechanism for allegation is the Administrative the Medical Board’s action against his rapid detection of any improper activity Complaint filed by the Medical Board. medical license. Nonetheless, Judge related to controlled substances.’’ As Judge Bittner noted, ‘‘[a]n Bittner concluded that Respondent’s Steven M. Gardner, M.D., 51 FR 12,576 Administrative complaint alone, application should be granted. (1986), as cited in Michael J. Septer, however, fails to prove by a Respondent has admitted his mistakes, D.O., 61 FR 53,762 (1996). preponderance of the evidence that is remorseful, and has taken great steps Therefore, for one year from the Respondent’s DEA registration is not in to rehabilitate himself. He has the issuance of the DEA Certificate of the public interest.’’ Like Judge Bittner, support of his supervisors and Registration: the Deputy Administrator does not rely colleagues and has been handling (1) Respondent shall maintain a log of on the allegations in the Medical controlled substances since at least 1992 all controlled substances that he Board’s Administrative Complaint in using the hospital’s DEA registration prescribes. This log shall include at a rendering his decision regarding with no indication of any problems. minimum the name of the patient, the Respondent’s application for Judge Bittner stated that ‘‘I am satisfied date of the prescription, and the name, registration. that Respondent now understands that strength and quantity of the controlled There is also evidence in the record the rules do apply to him and that there substance prescribed. This log shall be regarding Respondent’s experience in is little likelihood that his misconduct made available for inspection by DEA handling controlled substances since will recur.’’ personnel.

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(2) Respondent shall notify the currently authorized to handle controlled substances in the State of Special Agent in Charge of the DEA controlled substances in the State of Florida. Therefore, Dr. Melgarejo is not New Orleans Field Division, or his Florida. The order also notified Dr. entitled to a DEA registration in that designee, if he ceases to be employed at Melgarejo that should no request for a state. LSU Monroe Medical Center. hearing be filed within 30 days, his Accordingly, the Deputy (3) If Respondent goes into private hearing right would be deemed waived. Administration of the Drug Enforcement practice, he shall permit DEA personnel The Order to Show Cause was sent to Administration, pursuant to the to conduct inspections of his registered Dr. Melgarejo by registered mail to his authority vested in him by 21 U.S.C. 823 location and of his controlled substance DEA registered address, but was and 824 and 28 CFR 0.100(b) and 0.104, records without an Administrative returned with the notation ‘‘not hereby orders that DEA Certificate of Inspection Warrant. deliverable as addressed, unable to Registration AM2026284, previously However, having said that it is in the forward.’’ The Order to Show Cause was issued to Pablo E. Melgarejo, M.D., be, public interest to issue Respondent a then sent to Dr. Melgarejo at another and it hereby is, revoked. The Deputy restricted registration, DEA cannot issue address in Florida. This time the order Administrator further orders that any him such a registration unless he is was returned to DEA with the notation pending applications for the renewal of authorized to handle controlled that delivery had been refused. such registration, be, and they hereby substances by the state in which he Information in the investigative file are, denied. This order is effective July practices. As discussed above, it is indicates that the records of the Florida 6, 1999. unclear whether Respondent possesses a State Attorney’s Office in Orange Dated: May 25, 1999. current valid state controlled substance County and the Florida Medical Board Donnie R. Marshall, license. Therefore, the Deputy show that Dr. Melgarejo failed to appear Deputy Administrator. Administrator concludes that at a criminal proceeding and has fled Respondent should be issued a DEA the United States. [FR Doc. 99–14101 Filed 6–3–99; 8:45 am] Certificate of Registration subject to the The Deputy Administrator finds that BILLING CODE 4410±09±M above described conditions once he DEA has made numerous attempts to locate Dr. Melgarejo and has determined provides evidence to DEA that he is DEPARTMENT OF JUSTICE authorized to handle controlled that his whereabouts are unknown. It is substances in Louisiana. evident that Dr. Melgarejo is no longer Drug Enforcement Administration Accordingly, the Deputy practicing medicine at the address listed Administrator of the Drug Enforcement on his DEA Certificate of Registration. Neil Laboratories, Inc.; Suspension of Administration, pursuant to the The Deputy Administrator concludes Shipment authority vested in him by 21 U.S.C. 823 that considerable effort has been made and 824 and 28 CFR 0.100(b) and 0.104, to serve Dr. Melgarejo with the Order to On August 7, 1998, the then-Acting hereby orders that the application for a Show Cause without success. Dr. Deputy Administrator of the Drug DEA Certificate of Registration Melgarejo is therefore deemed to have Enforcement Administration (DEA), submitted by Lawrence C. Hill, M.D., be, waived his opportunity for a hearing. issued an Order to Suspend Shipment to and it hereby is granted subject to the The Deputy Administrator now enters Neil Laboratories, Inc. of East Windsor, above described conditions, upon his final order in this matter without a New Jersey, notifying it that a proposed receipt by the DEA New Orleans office hearing and based on the investigative shipment of 240 kilograms of of evidence of his state authorization to file pursuant to 21 CFR 1301.43(d) and pseudoephedrine to Oscar Barajas handle controlled substances. This (e) and 1301.46. Gomez/Comercializadora Del Noroeste order is effective June 4, 1999. The Deputy Administrator finds that (Comercializadora) of Mexico was on July 15, 1998, the Florida Board of suspended pursuant to 21 U.S.C. 971 Dated: May 25, 1999. Medicine issued an Order revoking Dr. and 21 CFR 1313.41. The Order to Donnie R. Marshall, Melgarejo’s license to practice medicine Suspend Shipment stated that DEA Deputy Administrator. effective July 21, 1998, based upon his believed that the listed chemical may be [FR Doc. 99–14100 Filed 6–3–99; 8:45 am] sexual misconduct with patients. diverted. Specifically, the order BILLING CODE 4410±09±M The Deputy Administrator finds that provided Neil Laboratories, Inc: (1) With Dr. Melgarejo is not currently the factual and legal basis for the authorized to practice medicine in suspension of the shipment; (2) with an DEPARTMENT OF JUSTICE Florida. It is reasonable to infer that he opportunity to file a written request for is also not authorized to handle a hearing within 30 days pursuant to 21 Drug Enforcement Administration controlled substances in that state. CFR 1313.51 through 1313.57; (3) with Pablo E. Melgarejo, M.D.; Revocation The DEA does not have the statutory notice that, should it fail to request a of Registration authority under the Controlled hearing, it would be deemed to have Substances Act to issue or maintain a waived the hearing; and (4) with notice On November 17, 1998, the Deputy registration if the applicant or registrant that upon the expiration of the 30 day Assistant Administrator, Office of is without state authority to handle time frame, the Deputy Administrator Diversion Control, Drug Enforcement controlled substances in the state in may then enter his final order in this Administration (DEA), issued an Order which he conducts his business. 21 matter without a hearing. to Show Cause to Pablo E. Melgarejo, U.S.C. 802(21), 823(f) and 824(a)(3). The order was received by Neil M.D., of Orlando, Florida, notifying him This prerequisite has been consistently Laboratories, Inc. on August 21, 1998. of an opportunity to show cause as to upheld. See Romeo J. Perez, M.D., 62 FR No request for a hearing has been why DEA should not revoke his DEA 16,193 (1997); Demetris A. Green, M.D., received by DEA from Neil Laboratories, Certificate of Registration AM2026284 61 FR 60,728 (1996); Dominick A. Ricci, Inc., or anyone purporting to represent pursuant to 21 U.S.C. 824(a)(3), and M.D., 58 FR 51,104 (1993). the company in this matter. deny any pending applications for Here it is clear that Dr. Melgarejo is Subsequently, the investigative file was renewal of such registration pursuant to not currently licensed to practice transmitted to the Deputy Administrator 21 U.S.C. 823(f), for reason that he is not medicine or authorized to handle for final agency action.

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Therefore, the Deputy Administrator, addition, the company number provided be prevailing for the described classes of finding that: (1) 30 days have passed by Comercializadora on the import laborers and mechanics employed on since the issuance of the Order to license belonged to another company in construction projects of a similar Suspend Shipment; and (2) no request Mexico. character and in the localities specified for a hearing has been received, On June 4, 1998, Neil Laboratories, therein. concludes that Neil Laboratories, Inc. is Inc. forwarded another import license The determinations in these decisions deemed to have waived its hearing right. from Comercializadora, which Mexican of prevailing rates and fringe benefits After considering relevant material from authorities verified was also fraudulent. have been made in accordance with 29 the file in this matter, the Deputy On June 15, 1998, Neil Laboratories, Inc. CFR Part 1, by authority of the Secretary Administrator now enters his final order withdrew the previous DEA Form 486 of Labor pursuant to the provisions of without a hearing pursuant to 21 CFR and submitted a new, duplicate request. the Davis-Bacon Act of March 3, 1931, 1313.57. The Mexican port of entry for the as amended (46 Stat. 1494, as amended, The Deputy Administrator finds that shipment listed on the form is not 40 U.S.C. 276a) and of other Federal on December 12, 1997, Neil authorized to receive shipments of statutes referred to in 29 CFR Part 1, Laboratories, Inc. submitted a DEA pseudoephedrine. Appendix, as well as such additional Form 486 to DEA which indicated that Pursuant to 21 U.S.C. 971(c), and the statutes as may from time to time be it proposed to export 2,992,000 delegation of authority found in 28 CFR enacted containing provisions for the pseudoephedrine 60 mg. tablets to 0.100(b) and 0.104, the Deputy payment of wages determined to be Comercializadora. A check with Administrator may ‘‘order the prevailing by the Secretary of Labor in Mexican authorities revealed that suspension of any importation or accordance with the Davis-Bacon Act. Comercializadora never requested an exportation of a listed chemical * ** The prevailing rates and fringe benefits import permit from the Mexican on the ground that the chemical may be determined in these decisions shall, in Department of Health. This shipment diverted to the clandestine manufacture accordance with the provisions of the was exported to Mexico before DEA of a controlled substance.’’ The Deputy foregoing statutes, constitute the Administrator concludes that there is could discuss this matter with Neil minimum wages payable on Federal and substantial evidence to support the Laboratories, Inc. federally assisted construction projects On February 3, 1998, DEA was conclusion that this shipment of to laborers and mechanics of the notified that Comercializadora was not pseudoephedrine may be diverted to the specified classes engaged in contract authorized by the Department of Health clandestine manufacture of a controlled work of the character and in the to import pseudoephedrine into Mexico. substance. The address noted for the localities described therein. On February 6, 1998, Neil customer was an empty store front and Laboratories, Inc. submitted another the customer provided fraudulent Good cause is hereby found for not DEA Form 486 which indicated that it import documents. Further, the Deputy utilizing notice and public comment proposed to export 4,000,000 Administrator notes that no contrary procedure thereon prior to the issuance pseudoephedrine 60 mg. tablets to evidence has been presented. of these determinations as prescribed in Comercializadora. Neil Laboratories, Accordingly, the Deputy 5 U.S.C. 553 and not providing for delay Inc. also forwarded to DEA a copy of a Administrator of the Drug Enforcement in the effective date as prescribed in that Mexican import permit for this Administration, pursuant to the section, because the necessity to issue shipment. Upon receipt of the authority vested in him by 21 U.S.C. 971 current construction industry wage documents, DEA asked the Mexican and 28 CFR 0.100(b) and 0.104, hereby determinations frequently and in large Department of Health to verify the orders that the proposed shipment volume causes procedures to be legitimacy of the customer. Thereafter, described above, be, and it hereby is, impractical and contrary to the public the Mexican authorities informed DEA suspended, and that these proceedings interest. that the Mexican import document are hereby concluded. This final order General wage determination submitted by Comercializadora to Neil is effective immediately. decisions, and modifications and supersedes decisions thereto, contain no Laboratories, Inc. was fraudulent. On Dated: May 25, 1999. February 20, 1998, Neil Laboratories, expiration dates and are effective from Donnie R. Marshall, Inc. voluntarily canceled the shipment. their date of notice in the Federal DEA personnel went to the address Deputy Administrator. Register, or on the date written notice used by Comercializadora which was [FR Doc. 99–14099 Filed 6–3–99; 8:45 am] is received by the agency, whichever is the same address as that listed in the BILLING CODE 4410±09±M earlier. These decisions are to be used Tijuana, Mexico telephone book for its in accordance with the provisions of 29 owner, Oscar Barajas Gomez. The CFR Parts 1 and 5. Accordingly, the address was discovered to be an empty DEPARTMENT OF LABOR applicable decision, together with any store front. modifications issued, must be made a On April 2, 1998, Neil Laboratories, Employment Standards Administration part of every contract for performance of Inc. submitted a third DEA Form 486 Minimum Wages for Federal and the described work within the which indicated that it proposed to Federally Assisted Construction; geographic area indicated as required by export 4,000,000 pseudoephedrine 60 General Wage Determination Decisions an applicable Federal prevailing wage mg. tablets to Comercializadora. DEA law and 29 CFR Part 5. The wage rates requested that the Mexican Department General wage determination decisions and fringe benefits, notice of which is of Health verify the import license of the Secretary of Labor are issued in published herein, and which are submitted for this shipment. It was accordance with applicable law and are contained in the Government Printing determined that the import license based on the information obtained by Office (GPO) document entitled provided to Neil Laboratories, Inc. was the Department of Labor from its study ‘‘General Wage Determinations Issued fraudulent, in that one of the Mexican of local wage conditions and data made Under The Davis-Bacon And Related officials’ signature was a forgery and available from other sources. They Acts,’’ shall be the minimum paid by two other Mexican officials listed on the specify the basic hourly wage rates and contractors and subcontractors to permit were fictitious names. In fringe benefits which are determined to laborers and mechanics.

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Any person, organization, or NY990011 (Mar. 12, 1999) MD990058 (Mar. 12, 1999) governmental agency having an interest NY990012 (Mar. 12, 1999) Pennsylvania: in the rates determined as prevailing is NY990013 (Mar. 12, 1999) PA990005 (Mar. 12, 1999) encouraged to submit wage rate and NY990014 (Mar. 12, 1999) PA990006 (Mar. 12, 1999) fringe benefit information for NY990015 (Mar. 12, 1999) PA990025 (Mar. 12, 1999) consideration by the Department. NY990016 (Mar. 12, 1999) PA990026 (Mar. 12, 1999) Further information and self- NY990017 (Mar. 12, 1999) PA990031 (Mar. 12, 1999) explanatory forms for the purpose of NY990018 (Mar. 12, 1999) Virginia: submitting this data may be obtained by NY990019 (Mar. 12, 1999) VA990013 (Mar. 12, 1999) writing to the U.S. Department of Labor, NY990020 (Mar. 12, 1999) VA990014 (Mar. 12, 1999) Employment Standards Administration, NY990021 (Mar. 12, 1999) VA990030 (Mar. 12, 1999) Wage and Hour Division, Division of NY990022 (Mar. 12, 1999) VA990036 (Mar. 12, 1999) Wage Determinations, 200 Constitution NY990025 (Mar. 12, 1999) VA990042 (Mar. 12, 1999) Avenue, NW., Room S–3014, NY990026 (Mar. 12, 1999) VA990044 (Mar. 12, 1999) Washington, DC 20210. NY990031 (Mar. 12, 1999) VA990059 (Mar. 12, 1999) NY990032 (Mar. 12, 1999) VA990067 (Mar. 12, 1999) Modifications to General Wage NY990033 (Mar. 12, 1999) VA990079 (Mar. 12, 1999) Determination Decisions NY990034 (Mar. 12, 1999) VA990092 (Mar. 12, 1999) The number of decisions listed in the NY990036 (Mar. 12, 1999) VA990099 (Mar. 12, 1999) Government Printing Office document NY990037 (Mar. 12, 1999) West Virginia: entitled ‘‘General Wage Determinations NY990038 (Mar. 12, 1999) WV990002 (Mar. 12, 1999) Issued Under the Davis-Bacon and NY990039 (Mar. 12, 1999) WV990003 (Mar. 12, 1999) Related Acts’’ being modified are listed NY990040 (Mar. 12, 1999) WV990006 (Mar. 12, 1999) NY990041 (Mar. 12, 1999) by Volume and State. Dates of Volume III publication in the Federal Register are NY990042 (Mar. 12, 1999) in parentheses following the decisions NY990043 (Mar. 12, 1999) Alabama: being modified. NY990044 (Mar. 12, 1999) AL990003 (Mar. 12, 1999) NY990045 (Mar. 12, 1999) AL990008 (Mar. 12, 1999) Volume I NY990046 (Mar. 12, 1999) AL990034 (Mar. 12, 1999) Connecticut NY990047 (Mar. 12, 1999) AL990052 (Mar. 12, 1999) CT990001 (Mar. 12, 1999) NY990048 (Mar. 12, 1999) Kentucky: CT990003 (Mar. 12, 1999) NY990049 (Mar. 12, 1999) KY990001 (Mar. 12, 1999) CT990004 (Mar. 12, 1999) NY990050 (Mar. 12, 1999) KY990002 (Mar. 12, 1999) CT990005 (Mar. 12, 1999) NY990051 (Mar. 12, 1999) KY990003 (Mar. 12, 1999) CT990006 (Mar. 12, 1999) NY990060 (Mar. 12, 1999) KY990004 (Mar. 12, 1999) Massachusetts: NY990072 (Mar. 12, 1999) KY990006 (Mar. 12, 1999) MA990001 (Mar. 12, 1999) NY990075 (Mar. 12, 1999) KY990007 (Mar. 12, 1999) MA990002 (Mar. 12, 1999) NY990076 (Mar. 12, 1999) KY990025 (Mar. 12, 1999) MA990007 (Mar. 12, 1999) NY990077 (Mar. 12, 1999) KY990027 (Mar. 12, 1999) MA990018 (Mar. 12, 1999) KY990028 (Mar. 12, 1999) Volume II Maine: KY990029 (Mar. 12, 1999) ME990005 (Mar. 12, 1999) District of Columbia: KY990032 (Mar. 12, 1999) ME990010 (Mar. 12, 1999) DC990001 (Mar. 12, 1999) KY990033 (Mar. 12, 1999) ME990019 (Mar. 12, 1999) DC990003 (Mar. 12, 1999) KY990035 (Mar. 12, 1999) ME990022 (Mar. 12, 1999) Maryland: KY990049 (Mar. 12, 1999) ME990026 (Mar. 12, 1999) MD990001 (Mar. 12, 1999) Mississippi: ME990037 (Mar. 12, 1999) MD990002 (Mar. 12, 1999) MS990057 (Mar. 12, 1999) New Hampshire: MD990006 (Mar. 12, 1999) Tennessee: NH990001 (Mar. 12, 1999) MD990009 (Mar. 12, 1999) TN990001 (Mar. 12, 1999) NH990002 (Mar. 12, 1999) MD990011 (Mar. 12, 1999) TN990002 (Mar. 12, 1999) NH990003 (Mar. 12, 1999) MD990015 (Mar. 12, 1999) TN990018 (Mar. 12, 1999) NH990005 (Mar. 12, 1999) MD990019 (Mar. 12, 1999) TN990038 (Mar. 12, 1999) NH990007 (Mar. 12, 1999) MD990021 (Mar. 12, 1999) TN990039 (Mar. 12, 1999) NH990008 (Mar. 12, 1999) MD990023 (Mar. 12, 1999) TN990049 (Mar. 12, 1999) New Jersey: MD990026 (Mar. 12, 1999) NJ990002 (Mar. 12, 1999) MD990031 (Mar. 12, 1999) Volume IV: NJ990003 (Mar. 12, 1999) MD990035 (Mar. 12, 1999) Illinois: NJ990004 (Mar. 12, 1999) MD990036 (Mar. 12, 1999) IL990001 (Mar. 12, 1999) NJ990005 (Mar. 12, 1999) MD990037 (Mar. 12, 1999) IL990002 (Mar. 12, 1999) NJ990007 (Mar. 12, 1999) MD990039 (Mar. 12, 1999) IL990003 (Mar. 12, 1999) New York: MD990040 (Mar. 12, 1999) IL990004 (Mar. 12, 1999) NY990002 (Mar. 12, 1999) MD990042 (Mar. 12, 1999) IL990005 (Mar. 12, 1999) NY990003 (Mar. 12, 1999) MD990043 (Mar. 12, 1999) IL990006 (Mar. 12, 1999) NY990004 (Mar. 12, 1999) MD990048 (Mar. 12, 1999) IL990008 (Mar. 12, 1999) NY990005 (Mar. 12, 1999) MD990050 (Mar. 12, 1999) IL990009 (Mar. 12, 1999) NY990006 (Mar. 12, 1999) MD990054 (Mar. 12, 1999) IL990010 (Mar. 12, 1999) NY990007 (Mar. 12, 1999) MD990055 (Mar. 12, 1999) IL990011 (Mar. 12, 1999) NY990008 (Mar. 12, 1999) MD990056 (Mar. 12, 1999) IL990012 (Mar. 12, 1999) NY990010 (Mar. 12, 1999) MD990057 (Mar. 12, 1999) IL990013 (Mar. 12, 1999)

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IL990014 (Mar. 12, 1999) KS990011 (Mar. 12, 1999) ND990016 (Mar. 12, 1999) IL990015 (Mar. 12, 1999) KS990013 (Mar. 12, 1999) ND990017 (Mar. 12, 1999) IL990016 (Mar. 12, 1999) KS990015 (Mar. 12, 1999) ND990018 (Mar. 12, 1999) IL990017 (Mar. 12, 1999) KS990016 (Mar. 12, 1999) ND990019 (Mar. 12, 1999) IL990023 (Mar. 12, 1999) KS990019 (Mar. 12, 1999) ND990020 (Mar. 12, 1999) IL990026 (Mar. 12, 1999) KS990021 (Mar. 12, 1999) ND990027 (Mar. 12, 1999) IL990028 (Mar. 12, 1999) KS990023 (Mar. 12, 1999) Oregon: IL990034 (Mar. 12, 1999) KS990025 (Mar. 12, 1999) OR990001 (Mar. 12, 1999) IL990036 (Mar. 12, 1999) KS990026 (Mar. 12, 1999) OR990007 (Mar. 12, 1999) IL990040 (Mar. 12, 1999) KS990063 (Mar. 12, 1999) OR990017 (Mar. 12, 1999) IL990041 (Mar. 12, 1999) KS990069 (Mar. 12, 1999) South Dakota: IL990042 (Mar. 12, 1999) KS990070 (Mar. 12, 1999) SD990002 (Mar. 12, 1999) IL990044 (Mar. 12, 1999) Louisiana: SD990024 (Mar. 12, 1999) IL990047 (Mar. 12, 1999) LA990004 (Mar. 12, 1999) SD990041 (Mar. 12, 1999) IL990049 (Mar. 12, 1999) LA990005 (Mar. 12, 1999) Washington: IL990053 (Mar. 12, 1999) LA990009 (Mar. 12, 1999) WA990001 (Mar. 12, 1999) IL990055 (Mar. 12, 1999) LA990012 (Mar. 12, 1999) WA990002 (Mar. 12, 1999) IL990058 (Mar. 12, 1999) LA990014 (Mar. 12, 1999) WA990003 (Mar. 12, 1999) IL990059 (Mar. 12, 1999) LA990018 (Mar. 12, 1999) WA990004 (Mar. 12, 1999) IL990060 (Mar. 12, 1999) Oklahoma: WA990007 (Mar. 12, 1999) IL990063 (Mar. 12, 1999) OK990013 (Mar. 12, 1999) WA990011 (Mar. 12, 1999) IL990065 (Mar. 12, 1999) OK990014 (Mar. 12, 1999) WA990013 (Mar. 12, 1999) IL990067 (Mar. 12, 1999) OK990015 (Mar. 12, 1999) Volume VIII Indiana: OK990016 (Mar. 12, 1999) California: IN990001 (Mar. 12, 1999) OK990017 (Mar. 12, 1999) CA990001 (Mar. 12, 1999) IN990002 (Mar. 12, 1999) OK990018 (Mar. 12, 1999) CA990002 (Mar. 12, 1999) IN990003 (Mar. 12, 1999) OK990023 (Mar. 12, 1999) CA990004 (Mar. 12, 1999) IN990004 (Mar. 12, 1999) OK990030 (Mar. 12, 1999) CA990009 (Mar. 12, 1999) IN990005 (Mar. 12, 1999) OK990031 (Mar. 12, 1999) CA990027 (Mar. 12, 1999) IN990006 (Mar. 12, 1999) OK990032 (Mar. 12, 1999) CA990028 (Mar. 12, 1999) IN990016 (Mar. 12, 1999) OK990034 (Mar. 12, 1999) CA990029 (Mar. 12, 1999) IN990017 (Mar. 12, 1999) OK990035 (Mar. 12, 1999) CA990030 (Mar. 12, 1999) IN990018 (Mar. 12, 1999) OK990037 (Mar. 12, 1999) CA990031 (Mar. 12, 1999) IN990020 (Mar. 12, 1999) OK990038 (Mar. 12, 1999) CA990032 (Mar. 12, 1999) IN990059 (Mar. 12, 1999) Texas: CA990033 (Mar. 12, 1999) IN990061 (Mar. 12, 1999) TX990003 (Mar. 12, 1999) CA990034 (Mar. 12, 1999) Ohio: TX990005 (Mar. 12, 1999) CA990035 (Mar. 12, 1999) OH990001 (Mar. 12, 1999) TX990010 (Mar. 12, 1999) CA990036 (Mar. 12, 1999) OH990002 (Mar. 12, 1999) TX990015 (Mar. 12, 1999) CA990037 (Mar. 12, 1999) OH990003 (Mar. 12, 1999) TX990018 (Mar. 12, 1999) CA990038 (Mar. 12, 1999) OH990008 (Mar. 12, 1999) TX990055 (Mar. 12, 1999) CA990039 (Mar. 12, 1999) OH990012 (Mar. 12, 1999) TX990059 (Mar. 12, 1999) CA990040 (Mar. 12, 1999) OH990018 (Mar. 12, 1999) TX990060 (Mar. 12, 1999) CA990041 (Mar. 12, 1999) OH990024 (Mar. 12, 1999) TX990061 (Mar. 12, 1999) Hawaii: OH990026 (Mar. 12, 1999) TX990063 (Mar. 12, 1999) HI990001 (Mar. 12, 1999) OH990027 (Mar. 12, 1999) TX990081 (Mar. 12, 1999) Nevada: OH990028 (Mar. 12, 1999) TX990096 (Mar. 12, 1999) NV990001 (Mar. 12, 1999) OH990029 (Mar. 12, 1999) TX990100 (Mar. 12, 1999) NV990003 (Mar. 12, 1999) OH990032 (Mar. 12, 1999) TX990114 (Mar. 12, 1999) NV990004 (Mar. 12, 1999) OH990034 (Mar. 12, 1999) NV990005 (Mar. 12, 1999) Volume VI: OH990035 (Mar. 12, 1999) NV990007 (Mar. 12, 1999) OH990038 (Mar. 12, 1999) Colorado: NV990009 (Mar. 12, 1999) CO990001 (Mar. 12, 1999) General Wage Determination Volume V CO990002 (Mar. 12, 1999) Publication Iowa: CO990003 (Mar. 12, 1999) IA990003 (Mar. 12, 1999) CO990005 (Mar. 12, 1999) General wage determinations issued IA990004 (Mar. 12, 1999) CO990006 (Mar. 12, 1999) under the Davis-Bacon and related Acts, IA990005 (Mar. 12, 1999) CO990007 (Mar. 12, 1999) including those noted above, may be IA990006 (Mar. 12, 1999) CO990009 (Mar. 12, 1999) found in the Government Printing Office IA990010 (Mar. 12, 1999) CO990011 (Mar. 12, 1999) (GPO) document entitled ‘‘General Wage IA990016 (Mar. 12, 1999) CO990016 (Mar. 12, 1999) Determinations Issued Under The Davis- IA990032 (Mar. 12, 1999) CO990018 (Mar. 12, 1999) Bacon and Related Acts.’’ This IA990070 (Mar. 12, 1999) CO990021 (Mar. 12, 1999) publication is available at each of the 50 IA990072 (Mar. 12, 1999) CO990024 (Mar. 12, 1999) Regional Government Depository IA990078 (Mar. 12, 1999) Idaho: Libraries and many of the 1,400 IA990080 (Mar. 12, 1999) ID990001 (Mar. 12, 1999) Government Depository Libraries across Kansas: ID990002 (Mar. 12, 1999) the country. KS990007 (Mar. 12, 1999) North Dakota: The general wage determinations KS990009 (Mar. 12, 1999) ND990015 (Mar. 12, 1999) issued under the Davis-Bacon and

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30067 related Acts are available electronically collection titled the Local Area economic development under the by subscription to the FedWorld Unemployment Statistics (LAUS) Workforce Investment Act and the Bulletin Board System of the National Program, retaining OMB Number 1220– Public Works and Economic Technical Information Service (NTIS) of 0017. Development Act, among others. the U.S. Department of Commerce at 1– A copy of the proposed information The estimates also are used in 800–363–2068. collection request (ICR) can be obtained economic analysis by public agencies Hard-copy subscriptions may be by contacting the individual listed and private industry, and for State and purchased from: Superintendent of below in the ADDRESSES section of this area funding allocations and eligibility Documents, U.S. Government Printing notice. determinations according to legal and Office, Washington, D.C. 20402, (202) DATES: Written comments must be administrative requirements. 512–1800. submitted to the office listed in the Implementation of current policy and When ordering hard-copy addresses section below on or before legislative authorities could not be subscription(s), be sure to specify the August 3, 1999. The Bureau of Labor accomplished without collection of the States(s) of interest, since subscriptions Statistics is particularly interested in data. may be ordered for any or all of the comments which: The reports and manual covered by seven separate volumes, arranged by • Evaluate whether the proposed this request are integral parts of the State. Subscriptions include an annual collection of information is necessary Local Area Unemployment Statistics edition (issued in January or February) for the proper performance of the (LAUS) program insofar as they insure which includes all current general wage functions of the agency, including and/or measure the timeliness, quality, determinations for the States covered by whether the information will have consistency, and adherence to program each volume. Throughout the remainder practical utility; directions of the LAUS estimates and of the year, regular weekly updates are • Evaluate the accuracy of the related research. distributed to subscribers. agency’s estimate of the burden of the II. Current Actions Signed at Washington, DC this 28th day of proposed collection of information, May, 1999. including the validity of the The BLS is revising and combining Carl J. Poleskey, methodology and assumptions used; two previously-separate information • Chief, Branch of Construction Wage Enhance the quality, utility, and collection requests which make up the Determinations. clarity of the information to be LAUS program: the Manual for [FR Doc. 99–14072 Filed 6–3–99; 8:45 am] collected; and Developing Local Area Unemployment • Minimize the burden of the Statistics (OMB Number 1220–0017) BILLING CODE 4510±27±M collection of information on those who and the Local Area Unemployment are to respond, including through the Statistics Reports (OMB Number 1220– DEPARTMENT OF LABOR use of appropriate automated, 0043). electronic, mechanical, or other All aspects of the program now are Bureau of Labor Statistics technological collection techniques or automated. Exportable software other forms of information technology, eliminated the need for the Monthly Proposed Collection; Comment e.g., permitting electronic submissions Report on Continued Claimants by Place Request of responses. of Residence (LAUS 6). Electronic transmittals of any corrections to ACTION: Notice. ADDRESSES: Send comments to Karin G. Kurz, BLS Clearance Officer, Division of regularly submitted data have SUMMARY: The Department of Labor, as Management Systems, Bureau of Labor eliminated the need to use Monthly and part of its continuing effort to reduce Statistics, Room 3255, 2 Massachusetts Area Correction Forms (LAUS 13 and paperwork and respondent burden, Avenue, N.E., Washington, DC 20212. 14). The paper forms previously conducts a pre-clearance consultation Ms. Kurz can be reached on 202–606– approved, BLS 3040, LAUS 2 and LAUS program to provide the general public 7628 (this is not a toll free number). 3, also have been eliminated. All data and Federal agencies an opportunity to SUPPLEMENTARY INFORMATION: are entered directly into BLS-provided comment on proposed and/or systems. continuing collections of information in Background BLS, as part of its responsibility to accordance with the Paperwork The Bureau of Labor Statistics has develop concepts and methods by Reduction Act of 1995 (PRA95) [44 been charged by Congress (29 USC which SESAs prepare estimates under U.S.C. 3506(c)(2)(A)]. This program Chapters 1 and 2) with the the LAUS program, developed a manual helps to ensure that requested data can responsibility of collecting and for use by the SESAs. The manual be provided in the desired format, publishing monthly information on explains the conceptual framework for reporting burden (time and financial employment, the average wage received, the State and area estimates of resources) is minimized, collection and the hours worked by area and employment and unemployment, instruments are clearly understood, and industry. The process for developing specifies the procedures to be used, and the impact of collection requirements on residency-based employment and discusses the theoretical and empirical respondents can be properly assessed. unemployment estimates is a basis for each procedure. Currently, the Bureau of Labor Statistics cooperative Federal-State program Type of Review: Revision of a (BLS) is soliciting comments concerning which uses employment and currently approved collection. the proposed revision and combination unemployment inputs available in State Agency: Bureau of Labor Statistics. of the ‘‘Manual for Developing Local Employment Security Agencies Title: Local Area Unemployment Area Unemployment Statisics’’ (OMB (SESAs). Statistics (LAUS) Program. Number 1220–0017) and the ‘‘Local The labor force estimates developed OMB Number: 1220–0017. Area Unemployment Statistics Reports’’ and issued in this program are used for Affected Public: State government. (OMB Number 1220–0043). The two economic analysis and as a tool in the Total Respondents: 52. collections are being revised and implementation of Federal economic Frequency: Monthly and Annually. combined into a single information policy in such areas as employment and Total Responses: 82,718.

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Average Time Per Response: 1.60 Dated: May 28, 1999. witness, information that is relevant to hours. Robert E. Taylor, the subject matter involved in a pending Estimated Total Burden Hours: Clerk of the Board. judicial or administrative proceeding. 131,600 hours. d. To disclose pertinent information MSPB/INTERNAL±7 to the appropriate Federal, State, or Total Burden Cost (capital/startup): SYSTEM NAME: local agency responsible for $0. Administrative Data System. investigation, prosecution, enforcement, Total Burden Cost (operating/ or implementation of a statute, rule, maintenance): $0. SYSTEM LOCATION: regulation, or order, where the Board becomes aware of an indication of a Comments submitted in response to Information Resources Management violation or potential violation of civil this notice will be summarized and/or Division, Merit Systems Protection or criminal law or regulation. included in the request for Office of Board (MSPB), 1120 Vermont Avenue, NW, Washington, DC 20419. Management and Budget approval of the POLICIES AND PRACTICES FOR STORING, information collection request; they also CATEGORIES OF INDIVIDUALS COVERED BY THE RETRIEVING, ACCESSING, RETAINING, AND will become a matter of public record. SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: Signed at Washington, D.C. this 1st day of Employees of the MSPB. STORAGE: June 1999. CATEGORIES OF RECORDS IN THE SYSTEM: Records are stored in a database on a local area network server with standard W. Stuart Rust, Jr., The system consists of information password access security. Chief, Division of Management Systems, about employees of the Board, Bureau of Labor Statistics. including: Name, social security RETRIEVABILITY: [FR Doc. 99–14178 Filed 6–3–99; 8:45 am] number, date of birth, position title, These records are retrieved by the BILLING CODE 4510±24±M grade, and series, organizational unit, names of the individuals or whom they photograph, work telephone number, are maintained. flexiplace telephone number and work schedule for flexiplace employees. The SAFEGUARDS: MERIT SYSTEMS PROTECTION system will also contain information Access to these records is limited to BOARD about certain personnel requests such persons whose official duties require as: training requests and authorization, such access. Records are protected from Privacy Act of 1974; Proposed New awards, and leave requests and unauthorized access through password System of Records authorization. identification procedures and other system-based protection methods. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: AGENCY: Merit Systems Protection RETENTION AND DISPOSAL: Board. 5 U.S.C. 1204. Records in this system are maintained PURPOSE(S): ACTION: Privacy Act of 1974; Notice of as long as the individual is an employee new system of records. These records are used by Board of the Board. Expired records will be officials to prepare requests for destroyed by deleting. SUMMARY: As required by The Privacy personnel actions and related requests Act of 1974, 5 U.S.C. 552a, the Merit such as training or awards. The SYSTEM MANAGER(S) AND ADDRESS: Systems Protection Board (Board) is information in this system will also be Director, Financial and publishing a notice proposing used by Board officials to track the Administrative Management Division, establishment of a new system of status of personnel actions, prepare Merit Systems Protection Board, 1120 listings of Board personnel by records. This new records system is the Vermont Avenue, NW, Washington, DC organization, position and location, and Administrative Data System. These 20419. to contact flexiplace employees working records will be used as an internal away from Board offices regarding NOTIFICATION PROCEDURE: catalog of organizations, positions, and Board mission related matters. Individuals wishing to inquire employees, and to track the status of whether this system of records contains personnel-related actions. ROUTINE USES OF RECORDS MAINTAINED IN THE information about them should contact SYSTEM, INCLUDING CATEGORIES OF USERS AND the Clerk of the Board and must follow DATES: Comments must be received on THE PURPOSE OF SUCH USES: or before July 6, 1999. This system of the MSPB Privacy Act regulations at 5 These records and information in CFR 1205.11 regarding such inquiries. records becomes effective as proposed, these records may be used: without further notice, on August 3, a. To provide information to a RECORD ACCESS PROCEDURES: 1999, unless comments are received congressional office from the record of Individuals requesting access to their which would result in a contrary an individual in response to an inquiry records should contact the Clerk of the determination. Comments may be from the congressional office made at Board. Such requests should be mailed to the Merit Systems Protection the request of that individual. addressed to the Clerk of the Board, Board, Office of the Clerk of the Board, b. To disclose information to another Merit Systems Protection Board, 1120 1120 Vermont Avenue, NW, Federal agency, to a court, or a party in Vermont Avenue, NW, Washington, DC Washington, DC 20419, or faxed to the litigation before a court, or in an 20419. Requests for access to records same address on 202–653–7130. administrative proceeding being must follow the MSPB Privacy Act Electronic mail comments may be sent conducted by a Federal agency, either regulations at 5 CFR 1205.11. via the Internet to [email protected]. when the Government is a party to a judicial proceeding or in order to CONTESTING RECORD PROCEDURES: FOR FURTHER INFORMATION CONTACT: comply with the issuance of a subpoena. Individuals requesting amendment of Michael H. Hoxie, Office of the Clerk of c. To disclose, in response to a request records should write the Clerk of the the Board, 202–653–7200. for discovery or for appearance of a Board. Requests must follow the MSPB

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Privacy Act regulations at 5 CFR fingerprinted and whether proper ACTION: Notice of application for an 1205.21. procedures regarding fingerprint are order under Section 6(c) of the being followed. Retention of these Investment Company Act of 1940 RECORD SOURCE CATEGORIES: records for the term of employment of (‘‘Act’’) granting exemptive relief from The individual to whom the all personnel plus three years ensures Sections 9(a), 13(a), 15(a) and 15(b) of information applies; the records that law enforcement officials will have the Act and Rules 6e–2(b)(15) and 6e– maintained in the Board’s Financial and easy access to fingerprint cards on 3(T)(b)(15) thereunder. Administrative Management Division; timely basis. This in turn acts as an and records maintained by the U.S. effective deterrent to employee SUMMARY OF APPLICATION: Applicants Department of Agriculture, Animal misconduct. seek an order to permit shares of Mentor Plant Health Inspection Service. Approximately 9,614 respondents are Variable Investment Portfolios (the [FR Doc. 99–14121 Filed 6–3–99; 8:45 am] subject to the recordkeeping ‘‘Current Trust’’) and any other investment company that is designed to BILLING CODE 7400±01±M requirements of the rule. Each respondent keeps approximately 32 new fund insurance products and for which records per year, which take Mentor Investment Advisors, LLC, approximately 2 minutes per record for Mentor Perpetual Advisors, LLC or their SECURITIES AND EXCHANGE the respondent to maintain, for an affiliates may serve as investment COMMISSION annual burden of 64 minutes per manager, investment advisers, [Rule 17f±2(d); SEC File No. 270±36; OMB respondent. All records subject to the investment sub-adviser, administrator, Control No. 3235±0028] rule must be retained for the term of manager, principal underwriter or employment plus 3 years. The sponsor (‘‘Future Trusts,’’ together with Proposed Collection; Comment Commission estimates that the total the Trust, ‘‘Trust(s)’’) to be sold to and Request annual cost to submitting entities is held by: (i) variable annuity and Upon Written Request, Copies Available approximately $196,850. This figure variable life insurance separate accounts From: Securities and Exchange reflects estimated costs of labor and of both affiliated and unaffiliated life Commission Office of Filings and storage of records. insurance companies; (ii) qualified Information Services Washington, DC Written comments are invited on: (a) pension and retirement plans 20549. whether the proposed collection of (‘‘Qualified Plans’’ or ‘‘Plans’’) outside Notice is hereby given that pursuant information is necessary for the proper of the separate account context; and (iii) to the Paperwork Reduction Act of 1995 performance of the functions of the the Trusts’ investment adviser (44 U.S.C. 3501 et seq.) the Securities agency, including whether the (representing seed money investments and Exchange Commission information will have practical utility; in the Trusts). (‘‘Commission’’) is soliciting comments (b) the accuracy of the agency’s estimate APPLICANTS: Mentor Variable Investment on the collection of information of the burden of the collection of Portfolios, Mentor Advisors, LLC summarized below. The Commission information; (c) ways to enhance the (‘‘Mentor Advisors’’) and Mentor plans to submit this existing collection quality, utility, and clarity of the Perpetual Advisors, LLC (‘‘Mentor of information to the Office of information collected; and (d) ways to Perpetual,’’ together with Mentor Management and Budget for extension minimize the burden of the collection of Advisors, the ‘‘Advisors’’). and approval. information on respondents, including through the use of automated collection FILING DATE: The application was Rule 17f–2(d) was adopted on March originally filed on June 17, 1998, and 16, 1976, and was last amended on techniques or other forms of information technology. Consideration will be given amended and restated on December 14, November 18, 1982. Paragraph (d) of the 1998, and April 27, 1999. rule (i) requires that records produced to comments and suggestions submitted pursuant to the fingerprinting in writing within 60 days of this HEARING OR NOTIFICATION OF HEARING: An requirements of Section 17(f)(2) of the publication. order granting the application will be Securities Exchange Act of 1934 Please direct your written comments issued unless the Commission orders a (‘‘Exchange Act’’) be maintained, (ii) to Michael E. Bartell, Associate hearing. Interested persons may request permits the designating examining Executive Director, Office of a hearing on this application by writing authorities of broker-dealers or members Information Technology, Securities and to the Secretary of the Commission and of exchanges, under certain Exchange Commission, 450 5th Street, serving Applicants with a copy of the circumstances, to store and to maintain N.W., Washington, DC 20549. request, personally or by mail. Hearing records required to be kept by this rule, Dated: May 26, 1999. requests must be received by the and (iii) permits the required records to Margaret H. McFarland, Commission by 5:30 p.m. on June 22, be maintained on microfilm. Deputy Secretary. 1999, and should be accompanied by proof of service on the Applicants in the The general purposes for Rule 17f–2 [FR Doc. 99–14212 Filed 6–3–99; 8:45 am] form of an affidavit or, for lawyers, a are: (i) to identify security risk BILLING CODE 8010±01±M personnel; (ii) to provide criminal certificate of service. Hearing requests record information so that employers should state the nature of the interest, can make fully informed employment SECURITIES AND EXCHANGE the reason for the request and the issues decisions; and (iii) to deter persons with COMMISSION contested. Persons may request criminal records from seeking notification of the date of a hearing by [Rel. No. IC±23855; File No. 812±11176] employment or association with covered writing to the Secretary of the Commission. entities. Mentor Variable Insurance Portfolios, Retention of fingerprint records, as et al.; Notice of Application ADDRESSES: Secretary, Commission, 450 required under paragraph (d) of the Fifth Street, N.W., Washington, D.C. Rule, enables the Commission or other May 28, 1999. 20549–0609. Applicants, c/o Paul F. examining authority to ascertain AGENCY: The Securities and Exchange Costello, Managing Direcdtor, Mentor whether all required persons are being Commission (the ‘‘Commission’’). Investment Advisors, LLC, 901 E. Byrd

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Street, 6th Floor, Richmond, Virginia funding’’); (c) trustees of Qualified permits mixed funding with respect to 23219. Plans; and (d) the Trusts’ investment a flexible premium VLI Account, subject FOR FURTHER INFORMATION CONTACT: adviser (representing seed money to certain conditions. However, Rule Joyce Merrick Pickholz, Senior Counsel, investments in the Trust or Future 6e–3(T)(b)(15) does not permit shared or Kevin M. Kirchoff, Branch Chief, Trust). funding because the relief granted is not Office of Insurance Products, Division of 2. Rule 6e–2(b)(15) under the Act available with respect to a VLI Account Investment Management, at (202) 942– provides partial exemptions from: (a) that owns shares of an underlying fund 0670. Section 9(a), which makes it unlawful that also offers its shares to separate for certain individuals and companies to accounts (including VA Accounts and SUPPLEMENTARY INFORMATION: The act in certain capacities with respect to flexible premium and scheduled following is a summary of the registered investment companies; and premium VLI Accounts) of unaffiliated application. The complete application is (b) Sections 13(a), 15(a), and 15(b) of the Participating Insurance Companies. available for a fee from the Public Act to the extent that those sections Also, Rule 6e–3(T)(b)(15) does not Reference Branch of the Commission, might be deemed to require ‘‘pass- contemplate that shares of the 450 Fifth Street, N.W., Washington, D.C. through’’ voting with respect to the underlying fund might also be sold to (tel. (202) 942–8090). shares of a registered management Qualified Plans. Applicants’ Representations investment company underlying a UIT 4. Applicants state that current tax (an ‘‘underlying fund’’) to VLI Accounts law permits the Trust to sell its shares 1. The Trust, a Massachusetts supporting scheduled premium VLI directly to Qualified Plans. Section business trust, is registered under the Contracts and to their life insurance 817(h) of the Code imposes certain Act as an open-end, management company depositors, investment diversification standards on the assets investment company. The Trust advisers, and principal underwriters. underlying Variable Contracts, such as currently consists of five investment The exemptions granted by the Rule are those in the Trust. The Code provides portfolios (the ‘‘Funds’’). available, however, only if an that Variable Contracts will not be 2. Mentor Advisors and Mentor underlying fund offers its shares treated as annuity contracts or life Perpetual serve as the investment exclusively to VLI Accounts of a single insurance contracts, as the case may be, advisors to the Funds. The Advisors are Participating Insurance Company or an for any period (or any subsequent registered with the Commission as affiliated insurance company, and then, period) for which the underlying assets investment advisers under the only if scheduled premium VLI are not adequately diversified in Investment Advisers Act of 1940. Contracts are issued through such VLI accordance with regulations issued by 3. The Trust currently offers shares of Accounts. Therefore, the relief granted the Treasury Department. On March 1, certain of its Funds to Hartford Life by Rule 6e–2(b)(15) is not available with 1989, the Treasury Department adopted Insurance Company (‘‘Hartford’’) to respect to a scheduled premium VLI regulations (Treas. Reg. 1.817–5) (the serve as the investment vehicle for Account that owns shares of an ‘‘Regulations’’) which established certain variable annuity contracts. In the underlying fund that engages in mixed specific diversification requirements for future, the Trust may offer shares of the funding by also offering its shares to a investment portfolios underlying Funds to separate accounts VA Account or to a flexible premium Variable Contracts. The Regulations (‘‘Participating Separate Accounts’’) VLI Account of the same company or of generally provide that, in order to meet registered under the Act as unit an affiliated life insurance company. In these diversification requirements, all of investment trusts (‘‘UITs’’) of various addition, the relief granted by Rule 6e– the beneficial interests in the life insurance companies including 2(b)(15) is not available if the investment company must be held by Hartford (‘‘Participating Insurance underlying fund engages in shared the segregated asset accounts of one or Companies’’) and to Plans qualified funding by offering its shares to VA more life insurance companies. under Section 401(a) of the Internal Accounts or VLI Accounts of Notwithstanding this, the Regulations Revenue Code of 1986, as amended (the unaffiliated life insurance companies. also contain an exception to this ‘‘Code’’). Certain Participating Separate Furthermore, Rule 6e–2(b)(15) does not requirement that permits trustees of a Accounts (‘‘VLI Accounts’’) support contemplate that shares of the Qualified Plan to hold shares of an variable life insurance contracts (‘‘VLI underlying fund might also be sold to investment company, the shares of Contracts’’). Other Participating Qualified Plans. which are also held by insurance Separate Accounts (‘‘VA Accounts’’) 3. Rule 6e–3(T)(b)(15) under the Act company segregated asset accounts, support variable annuity contracts (‘‘VA provides partial exemptions from without adversely affecting the status of Contracts,’’ together with VLI Contracts, Sections 9(a), 13(a), 15(a), and 15(b) of the investment company as an ‘‘Variable Contracts’’). the Act to VLI Accounts supporting adequately diversified underlying flexible premium variable life insurance Applicants’ Legal Analysis investment for Variable Contracts issued contracts and their life insurance through such segregated asset accounts 1. Applicants request an order company depositors, investment (Treas. Reg. 1.817–5(f)(3)(iii)). pursuant to Section 6(c) of the Act advisers and principal underwriters. 5. Applicants also note that the exempting them from Sections 9(a), The exemptions granted by the Rule are promulgation of Rules 6e–2(b)(15) and 13(a), 15(a), and 15(b) of the Act, and available, however, only where the 6e–3(T)(b)(15) preceded the issuance of Rules 6e–2(b)(15) and 6e–3(T)(b)(15) Trust offers its shares exclusively to the Regulations. Thus, the sale of shares thereunder, to the extent necessary to separate accounts of the Participating of the same investment company to both permit shares of the Trusts to be offered Insurance Company, or of any affiliated Participating Separate Accounts and and sold to, and held by: (a) VA insurance company, offering either Qualified Plans was not contemplated at Accounts and VLI Accounts of the same scheduled premium contracts or flexible the time of the adoption of Rules 6e– life insurance company or of any premium contracts, or both, or which 2(b)(15) and 6e–3(T)(b)(15), and, affiliated life insurance company also offer their shares to VA Accounts therefore, Applicants assert that the (‘‘mixed funding’’); (b) VA Accounts of the Participating Insurance Company restrictions of such Rules do not and VLI Accounts of unaffiliated life or of an affiliated life insurance evidence an intent of the Commission to insurance companies (‘‘shared company. Therefore, Rule 6e–3(T)(b)(15) prevent extended mixed funding.

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6. Section 9(a)(3) of the Act provides purposes of the Act are not advanced by increase the risk of material that it is unlawful for any company to applying the prohibitions of section 9(a) irreconcilable conflicts among serve as investment adviser or principal to individuals who may be involved in shareholders. underwriter for any registered open-end a life insurance complex but have no 10. Voting rights of shares sold to investment company if an affiliated involvement in the underlying fund. Qualified Plans are expressly reserved person of that company is subject to a 8. Rule 6e–2(b)(15)(iii) and Rule 6e– to certain specified persons and are not disqualification enumerated in sections 3(T)(b)(15)(iii) provide partial required to be passed through to 9(a)(1) or (2). Rule 6e–2(b)(15) and Rule exemptions from sections 13(a), 15(a), Qualified Plan participants. Under 6e–3(T)(b)(15) limited the application of and 15(b) of the Act to the extent that Section 403(a) of the Employee the eligibility restrictions of section 9(a) those sections might be deemed to Retirement Income Security Act to affiliated persons of a life insurance require ‘‘pass-through’’ voting with (‘‘ERISA’’), shares of an underlying fund company that directly participate in the respect to the shares of an underlying sold to a Qualified Plan must be held by management of the underlying fund, by allowing an insurance the trustee(s) of the Qualified Plan, and registered management investment company to disregard the voting such trustee(s) must have exclusive company under certain circumstances, instructions of contract owners with authority and discretion to manage and subject to limitations on mixed and respect to several significant matters, control the Qualified Plan with two shared funding. The relief provided by assuming the limitations on mixed and exceptions: (a) when the Qualified Plan Rule 6e–2(b)(15)(i) and Rule 6e– shared funding are observed. Rule 6e– expressly provides that the trustee(s) are 3(T)(b)(15)(i) permits persons who are 2(b)(15)(iii)(A) and Rule 6e– subject to the direction of a named affiliated persons of a life insurance 3(T)(b)(15)(iii)(A) permit a Participating fiduciary who is not a trustee, in which company or its affiliates who otherwise Insurance Company to disregard the case the trustee(s) are subject to proper would be disqualified under section 9(a) voting instructions of its contract directions made in accordance with the to serve as an officer, director, or owners if such instructions would terms of the Qualified Plan and not employee of an underlying fund, so long require an underlying fund’s shares to contrary to ERISA, and (b) when the as any such person does not participate be voted to cause such underlying fund authority to manage, acquire or dispose directly in the management or to make (or to refrain from making) of assets of the Qualified Plan is administration of such underlying fund. certain investments which would result delegated to one or more investment In addition, Rule 6e–2(b)(15)(ii) and in changes in the subclassification or managers pursuant to Section 402(c)(3) Rule 6e–3(T)(b)(15)(ii) permit a investment objectives of such of ERISA. Unless one of the above two Participating Insurance Company to underlying fund or to approve or exceptions stated in Section 403(a) serve as the underlying fund’s disapprove any contract between such applies, the exclusive authority and investment adviser or principal underlying fund and an investment responsibility for voting shares of an underwriter, provided that none of the adviser when required to do so by an underlying fund is vested in the plan insurance company’s personnel who are insurance regulatory authority (subject trustees. Some of the Qualified Plans, ineligible pursuant to section 9(a) of the to the provisions of paragraphs (b)(5)(i) however, may provide for the trustee(s), Act participate in the management or and (b)(7)(ii)(A) of the Rules). Rule 6e– an investment adviser (or advisers) or administration of thee underlying fund. 2(b)(15)(iii)(B) and Rule 6e– another named fiduciary to exercise 3(T)(b)(15)(iii)(A) (2) permit a voting rights in accordance with 7. Applicants assert that the partial Participating Insurance Company to instructions from participants. relief provided by Rule 6e–2(b)(15) and disregard contract owners’ voting 11. If a named fiduciary to a Qualified Rule 6e–3(T)(b)(15) from the instructions if the contract owners Plan appoints an investment manager, requirements of section 9 limits the initiate any change in the underlying the investment manager has the amount of monitoring of a Participating fund’s investment objectives, principal responsibility to vote the shares held Insurance Company’s personnel that is underwriter or any investment adviser unless the right to vote such shares is necessary to ensure compliance with (provided that disregarding such voting reserved to the trustees or the named section 9( to that which is appropriate instructions is reasonable and subject to fiduciary. The Qualified Plans may have in light of the policy and purposes of the other provisions of paragraph their trustee(s) or other fiduciaries section 9. Applicants state that Rule 6e– (b)(5)(ii) and (b)(7)(ii)(B) and (C) of the exercise voting rights attributable to 2(b)(15) and Rule 6e–3(T)(b)(15) Rules). Applicants assert that these investment securities held by the recognize that applying the provisions rights do not raise any issues different Qualified Plans in their discretion. of section 9 to the many individuals in from those raised by the authority of Some of the Qualified Plans, however, a large insurance company complex, state insurance administrators over may provide for the trustee(s), an most of whom typically will have no separate accounts. investment adviser (or advisers) or involvement in matters pertaining to 9. Applicants assert that the reason another named fiduciary to exercise investment companies funding the the Commission did not grant more voting rights in accordance with Participating Separate Accounts, is not extensive relief in the area of mixed and instructions from participants. necessary or appropriate in the public shared funding when it adopted Rule 12. If a Qualified Plan does not interest nor is it necessary for the 6e–3(T) is because of the Commission’s provide participants with the right to protection of investors or the purposes uncertainty in this area with respect to give voting instructions, the Applicants fairly intended by the policy and such issues as conflicts of interest. submit that there is no potential for provisions of the Act. Moreover, Applicants believe that Commission material irreconcilable conflicts of applicants assert that disallowing the concern is not warranted in the context interest between or among owners of relief permitted by Rule 6e–2(b)(15) and of permitting shared funding or Variable Contracts and participants in Rule 6e–3(T)(b)(15) because the Trusts permitting Qualified Plans to invest in Qualified Plans with respect to voting of will sell their shares to Qualified Plans the Trust and that the addition of an underlying fund’s shares. would serve no regulatory purpose. owners of Variable Contracts supported Accordingly, unlike the case with Applicants assert that the sale of shares by separate accounts of unaffiliated life Participating Separate Accounts, the of an underlying fund to Qualified Plans insurance companies and Qualified issue of the resolution of material does not change the fact that the Plans as eligible shareholders will not irreconcilable conflicts with respect to

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30072 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices voting is not present with respect to 16. Rules 6e–2(b)(15) and 6e– to oversee the Trusts’ investment such Qualified Plans because the 2(T)(b)(15) under the Act give the advisers and ensure that the Trusts are Qualified Plans are not entitled to pass- insurance company the right to managed in a way that does not through voting privileges. disregard the voting instructions of the discriminate against any Trust 13. Applicants further note that there contract owners. Applicants assert that shareholders. is no reason to believe that participants this right does not raise any issues 19. Furthermore, Applicants assert in Qualified Plans which provide different from those raised by the that no one investment strategy can be participants with the right to give voting authority of state insurance identified as appropriate to a particular instructions generally, or those in a administrators over separate accounts. insurance product. Each pool of VA and particular Plan, either as a single group Under Rules 6e–2(b)(15) and 6e– VLI Contract owner is composed of or in combination with participants in 2(T)(b)(15), an insurer can disregard individuals of diverse financial status, other Qualified Plans, would vote in a contract owner voting instructions only age, insurance, and investment goals. A manner that would disadvantage with respect to certain specified items Fund supporting even one type of Variable Contract owners. Applicants, and under certain specified conditions. insurance product must accommodate therefore, submit that the purchase of Requiring that only affiliated insurance these diverse factors in order to shares of the Trusts by Qualified Plans companies invest in the Trust does not attracted and retain purchasers. that provide voting rights does not eliminate the potential, if any exists, for Permitting mixed and shared funding as present any complications not otherwise divergent judgments as to the well as permitting sales to Qualified occasioned by mixed or shared funding. advisability or legality of a change in Plans will provide benefits to the Trusts’ 14. Applicants state that the presence investment policies, principal under shareholders. Among other things, of both VLI Accounts and VA Accounts writer, or investment adviser initiated Participating Insurance Companies, and as shareowners of an underlying fund by contract owners. Moreover, the Variable Contract owners will benefit will not lead to a greater probability of potential for disagreement is limited by from a greater variety of investment material irreconcilable conflicts than if the requirements in Rules 6e–2 and 6e– options with lower costs. the underlying fund did not engage in 3(T) that an insurance company’s 20. Applicants do not believe that the mixed funding. Similarly, shared disregard of voting instructions be sale of the shares of the Trusts to funding does not present any issues that reasonable and based on specific good Qualified Plans will increase the do not already exist where an faith determinations. potential for material irreconcilable underlying fund sells its shares to a 17. A particular Participating conflicts of interest between or among single insurance company which sells Insurance Company’s disregard of different types of investors. Applicants contracts in several states. A state voting instructions, nevertheless, could assert that there are either no conflicts insurance regulatory body in one state conflict with the majority of contract of interest or that three exists the ability could require action that is inconsistent owners’ voting instructions. The by the affected parties to resolve the with the requirements of other states in insurer’s action possibly could be issues without harm to the contract which the insurance company offers its different than the determination of all or owners in the Participating Separate policies. The fact that unaffiliated some of the other Participating Accounts or to the participants under insurers may be domiciled in different Insurance Companies (including the Qualified Plans. states does not create a significantly affiliated insurers) that the voting 21. As noted above, Section 817(h) of different or enlarged problem. instructions of contract owners should the Code imposes certain diversification 15. Applicants asset that shared prevail, and either could preclude a standards on the underlying assets of funding by unaffiliated insurers, in this majority vote approving the change or variable annuity contracts and variable respect, is no different than the use of could represent a minority view. if the life insurance contracts held in the the same investment company as the insurer’s judgment represents a minority portfolios of management investment funding vehicle for affiliated insurers, position or would preclude a majority companies. The Code provides that a which Rules 6e–2(b)(15) and 6e– vote, then the insurer may be required, variable contract shall not be treated as 2(T)(b)(15) under the Act permit under at the election of the relevant Fund, to an annuity contract or life insurance, as various circumstances. Affiliated withdraw its Participating Separate applicable, for any period (and any insurers may be domiciled in different Account’s investment in such Fund, and subsequent period) for which the states and be subject to differing state no charge or penalty will be imposed as investments are not, in accordance with law requirements. Affiliation does not a result of such withdrawal. This the Regulations, adequately diversified. reduce the potential for differences in requirement will be provided for in the 22. The Regulations provided that, in state regulatory requirements. agreements entered into with respect to order to meet the statutory Applicants state that the conditions participation by the Participating diversification requirements, all of the summarized below are designed to Insurance Companies in the Trust. beneficial interests in the investment safeguard against, and provide 18. Applicants asset that there is no company must be held by the segregated procedures for resolving, any adverse reason why the investment policies of asset accounts of one or more insurance effects that differences among state the Funds would or should be companies. The Regulations, however, regulatory requirements may produce. materially different from what these contain certain exceptions to this For instance, if a particular state policies would or should be if they requirement, one of which allows shares insurance regulator’s decision conflicts funded only VA Contracts or VLI in an underlying mutual fund to be held with the majority of other state Contracts. Each type of insurance by the trustees of a Qualified Plan regulators, then the affected insurer may product is designed as a long-term without adversely affecting the ability of be required to withdraw its Participating investment program. The Funds will be shares in the underlying fund also to be Separate Account’s investment in the managed in the same manner as any held by separate accounts of insurance Trusts. This requirement will be other mutual funds and there is no companies in connection with their provided for in agreements that will be incentive for a Fund’s investment variable contracts. (Treas. Reg. 1.871– entered into by Participating Insurance advisor to invest to benefit a particular 5(f)(3)(iii)). Thus, the Regulations Companies with respect to their class of shareholders. In addition, the specifically permit Qualified Plans and participation in the relevant Trust. Board of Trustees has a fiduciary duty separate accounts to invest in the same

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Applicants note that while there owners of the Participating Separate a greater amount of assets available for are differences in the manner in which Accounts and Qualified Plan investment by a Fund, thereby distribution from Variable Contracts and participants. Applicants note that the promoting economics of scale, by Qualified Plans are taxed, the differing basis premise of corporate democracy permitting increased safety through tax consequences do not raise any and shareholder voting is that not all greater diversification, or by making the conflicts of interest. If the Participating shareholders may agree with a addition of new funds more feasible. Separate Account or the Qualified Plan particular proposal. Although the Applicants assert that the sale of shares cannot net purchase payments to make interests and opinions of shareholders of the Trusts to Qualified Plans in the distributions, the Participating may differ, this does not mean that addition to the Participating Separate Separate Account or the Qualified Plan inherent conflicts of interest exist Accounts will result in an increased will redeem shares of the Fund at their between or among such shareholders. amount of assets available for net asset value. The Qualified Plan then State insurance commissioners have investment by such Trusts. This may will make distributions in accordance been given the veto power in benefit variable contract owners by with the terms of the Qualified Plan and recognition of the fact that insurance promoting economies of scale, by the Participating Insurance Company companies usually cannot simply permitting increased safety of will make distributions in accordance redeem their separate accounts our of investments through greater with the terms of the Variable Contract. one fund and invest in another. diversification, and by making the Therefore, distributions and dividends Generally, time-consuming, complex addition of new Funds more feasible. will be declared and paid by the Fund transactions must be undertaken to 30. Applicants assert that granting the without regard to the character of the accomplish such redemptions and exemptions requested by Applicants shareholder. transfers. will not compromise the regulatory 27. In contrast, the trustees of purposes of Sections 9(a), 13(a), 15(a) 24. Applicants state that it is possible Qualified Plans or the participants in and 15(b) of the Act or Rules 6e–2(b)(15) to provide an equitable means of giving participant-directed Qualified Plans can or 6e–3(T)(b)(15) thereunder. voting rights to Variable Contract make the decision quickly and redeem owners and to the trustees of Qualified Applicants’ Conditions their interest in the Funds and reinvest Plans. The transfer agent for the Fund in another funding vehicle without the 1. Applicants have consented to the will inform each Participating Insurance same regulatory impediments faced by following conditions: Company of its share ownership in each separate accounts or, as in the case with a. A majority of the Board of Trustees Participating Separate Account, as well most Qualified Plans, even hold cash (‘‘Board’’) of each Trust will consist of as inform the trustees of Qualified Plans pending suitable investment. persons who are not ‘‘interested of their holdings. Each Participating 28. Applicants also assert that the persons’’ of such Trust, as defined by Insurance Company then will solicit investment of seed capital in a Trust Section 2(a)(19) of the Act, and the rules voting instructions in accordance with presents no potential for irreconcilable thereunder, and as modified by any Rules 6e–2 and 6e–3(T), as applicable, conflicts of interest. Seed capital for a applicable orders of the Commission, and its participation agreement with the Trust will be provided by the Trust’s except that if this condition is not met relevant Fund. Shares held by Qualified investment adviser or by Participating by reason of the death, disqualification, Plans will be voted in accordance with Insurance Companies. or bona-fide resignation of any trustee or applicable law. The voting rights 29. Applicants state that various trustees, then the operation of this provided to Qualified Plans with respect factors have kept more insurance condition will be suspended: (i) for a to shares of the Trusts will be no companies from offering variable period of 45 days if the vacancy or different from the voting rights that are annuity and variable life insurance vacancies may be filled by the Board; provided to Qualified Plan with respect contracts than currently offer such (ii) for a period of 60 days if a vote of to shares of funds sold to the general contracts. These factors include the shareholders is required to fill the public. costs of organizing and operating a vacancy or vacancies; or (iii) for such 25. Applicants submit that the ability funding medium, the lack of expertise longer period as the Commission may of the Trusts to sell their shares directly with respect to investment management prescribe by order upon application. to Qualified Plans does not create a (principally with respect to stock and b. Each Board will monitor its ‘‘senior security,’’ as such term is money market investments), and the respective Trust for the existence of any defined under Section 18(g) of the Act, lack of name recognition by the public material irreconcilable conflict between with respect to any contract owner as of certain insurers as investment experts the interests of the contract owners of opposed to a participant under a with whom the public feels comfortable all Participating Separate Accounts and Qualified Plan. Regardless of the rights entrusting their investment dollars. Use participants of all Qualified Plans and benefits of Variable Contract owners of a Trust as a common investment investing in such Trust, and determine or participants under the Qualified medium for variable contracts would what action, if any, should be taken in Plans, the Qualified Plans and the reduce or eliminate these concerns. response to such conflicts. A material Participating Separate Accounts have Mixed and shared funding also should irreconcilable conflict may arise for a rights only with respect to their provide several benefits to Variable variety of reasons, including: (i) an respective shares of the trusts. They can Contract owners by eliminating a action by any state insurance regulatory only redeem such shares at their net significant portion of the costs of authority; (ii) a change in applicable asset value. No shareholder of the Trusts establishing and administering separate Federal or state insurance tax, or will have any preference over any other funds. Participating Insurance securities laws or regulations, or a shareholder with respect to distribution Companies will benefit not only from public ruling, private letter ruling, no- of assets or payment of dividends. the investment and administrative action or interpretative letter, or any

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Each Participating Insurance owners, VLI contract owners, and Plan shall be recorded in the board meeting Company will provide ‘‘pass-through’’ investors or the trustees of a Qualified minutes of the Trust or other voting privileges to owners of registered Plan that does not provide voting rights appropriate records, and such minutes VA Contracts and registered VLI to its investors; (vi) a decision by a or other records shall be made available Contracts as long as the Act requires Participating Insurance Company to to the Commission upon request. such privileges in such cases. disregard the voting instructions of 2. In addition to the foregoing Accordingly, such Participating contract owners; or (vii) if applicable, a conditions, Applicants consent to the Insurance Companies, where applicable, decision by a Qualified Plan to following conditions and represent and will vote Trust shares held in their disregard the voting instructions of Plan agree that if the exemptions requested Participating Separate Accounts in a participants. are granted, a Trust will not sell shares manner consistent with voting c. Each Trust will disclose in its to any VLI Account unless such instructions timely received from prospectus that: (i) Shares of such Trust Account’s Participating Insurance owners of such VLI and VA Contracts. may be offered to insurance company Company enters into a participation Each Participating Insurance Company separate accounts that support both agreement with the Trust containing will vote Trust shares owned by itself variable annuity and variable life provisions that require the following: (i.e., that are not attributable to VA insurance contracts and to Qualified a. A majority vote of the disinterested Contract or VLI Contract reserves) in the Plans; (ii) due to differences in tax trustees of a Trust shall represent a same proportion as instructions treatment and other considerations, the conclusive determination as to the received in a timely fashion from VA interests of various contract owners existence of a material irreconcilable Contract owners and VLI Contract participating in such Trust and the conflict between or among the interests owners and shall be responsible for interests of Qualified Plans investing in of VLI Contract owners, VA Contract ensuring that it and other Participating such Trust may conflict; and (iii) the owners and Qualified Plan investors. Insurance Companies calculate ‘‘pass- Trust’s Board of Trustees will monitor For the purpose of subparagraph (e) through’’ votes for VLI Accounts and events in order to identify the existence below, a majority vote of the VA Accounts in a consistent manner. of any material irreconcilable conflicts disinterested trustees of that Trust shall Each Participating Insurance Company and to determine what action, if any, represent a conclusive determination as also will vote Trust shares held in any should be taken in response to any such to whether any proposed action registered VLI Account or registered VA conflict. Each trust shall also notify the adequately remedies any material Account for which it has not received Qualified Plan trustees and Participating irreconcilable conflict between or timely voting instructions in the same Insurance Companies that similar among the interests of VLI Contract proportion as instructions received in a prospectus disclosure may be owners, VA Contract owners and timely fashion from VA Contract owners appropriate in Participating Separate Qualified Plan investors. The Trust shall and VLI Contract owners. Account prospectuses or any Plan notify each Participating Insurance e. In the event that a material prospectuses or other Plan disclosure Company and Qualified Plan in writing irreconcilable conflict of interest arises documents. of any determination of the foregoing between VA Contract owners or VLI d. Each Trust will comply with all type. Contract owners and Qualified Plan provisions of the Act requiring voting by b. Each Participating Insurance participants, each Participating shareholders, including Sections 16(a), Company will monitor its operations Insurance Company will, at its own 16(b) (when applicable) and 16(c) (even and those of the Trusts for the purpose expense, take whatever action is though the Trust is not a trust of the of identifying any material necessary to remedy such conflict as it type described therein). irreconcilable conflicts or potential adversely affects owners of its VA e. Mentor Advisors and Mentor material or irreconcilable conflicts Contracts or VLI Contracts up to and Perpetual will report any material between or among the interests of including: (i) establishing a new irreconcilable conflicts or any potential Qualified Plan investors, VA Contract registered management investment material irreconcilable conflicts Owners and VLI Contract Owners. company; and (ii) withdrawing assets between or among the interests of VLI c. Each Participating Insurance attributable to reserves for the VA Contract owners, VA Contract owners Company will report any such conflicts Contracts or VLI Contracts subject to the and Plan participants to the Trust’s or potential conflicts to a Trust’s Board conflict from the Trust and reinvesting Board of Trustees and will assist the of Trustees and will provide the Board, such assets in a different investment Board in carrying out the Board’s at least annually, with all information medium (including another Fund of the responsibilities under these conditions. reasonably necessary for the Board to Trust) or submitting the question of Such assistance will include, but not be consider any issues raised by such whether such withdrawal should be limited to, providing the Board, at least existing or potential conflicts or by implemented to a vote of all affected VA annually, with all information these conditions. Each Participating Contract owners or VLI Contract reasonably necessary for the Board to Insurance Company will also assist the owners, and, as appropriate, segregating consider any issues raised by such Board in carrying out its responsibilities the assets supporting the contracts of existing or potential conflicts. under these conditions including, but any group of such owners that votes in f. All reports sent by Participating not limited to: (i) Informing the Board favor of such withdrawal, or offering to Insurance Companies or Qualified Plans whenever it disregards VLI Contract such owners the option of making such to the Board of Trustees of a Trust or owner or VA Contract owner voting a change. Each Participating Insurance notices sent by the Board of Trustees to instructions; and (ii) providing, at least Company will carry out the Participating Insurance Companies or annually, such other information and responsibility to take the foregoing

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Notwithstanding the owners; (ii) report any such conflicts or decision represents a minority position foregoing, each Participating Insurance potential conflicts to a Trust’s Board of or would preclude a majority vote at any Company will not be obligated to Trustees; (iii) provide the Board, at least shareholder meeting, then, at the establish a new funding medium for any annually, with all information request of the Trust’s Board of Trustees, group of VA Contracts or VLI Contracts reasonably necessary for the Board to the Qualified Plan will redeem the if an offer to do so has been declined by consider any issues raised by such shares of that Trust to which the a vote of a majority of the VA Contract existing or potential conflicts and any disregarded voting instructions relate. owners or VLI Contract owners other information and reports that the No charge or penalty, however, will be adversely affected by the conflict. Board may reasonably request; (iv) imposed in connection with such a f. If a material irreconcilable conflict inform the Board whenever it (or redemption. arises because of a Participating another fiduciary) disregards the voting 4. Applicants also represent and agree Insurance Company’s decision to instructions of Qualified Plan that if the exemptions requested are disregard the voting instructions of VLI participants (of a Qualified Plan that granted, a Trust will not sell shares of Contract owners or VA Contract owners provides voting rights to its any Fund to a Qualified Plan until the and that decision represents a minority participants); and (v) ensure that the Qualified Plan executes an application position or would preclude a majority Qualified Plan votes Trust shares as containing an acknowledgment of the vote at any Fund shareholder meeting, required by applicable law and condition that the Trust cannot sell then, at the request of the Trust’s Board governing Qualified Plan documents. shares of any Fund to such Qualified of Trustees, the Participating Insurance The trustees or plan committees of the Plan if such sale would result in that Company will redeem the shares of the Qualified Plan will carry out these Qualified Plan owning 10% or more of Trust to which the disregarded voting obligations with a view only to the that Fund’s outstanding shares unless instructions relate. No charge or interests of Qualified Plan participants that Qualified Plan first enters into a penalty, however, will be imposed in in its Qualified Plan. participation agreement as described connection with such a redemption. b. In the event that a material above. g. Each Participating Insurance irreconcilable conflict of interest arises Conclusion Company and VLI Account will between Qualified Plan investors and continue to rely on Rule 6e–2(b)(15) VA Contract owners, VLI Contract For the reasons summarized above, and/or Rule 6e–3(T)(b)(15), as owners or other investors in the Trust, Applicants assert that the requested appropriate, and to comply with all of each Qualified Plan will, at its own exemptions are appropriate in the the appropriate Rule’s conditions. In the expense, take whatever action is public interest and consistent with the event that Rule 6e–2 and/or Rule 6e– necessary to remedy such conflict as it protection of investors and the purposes 3(T) is amended, or any successor rule adversely affects that Qualified Plan or fairly intended by the policy and is adopted, each Participating Insurance participants in that Qualified Plan up to provisions of the Act. Company and VLI Account will instead and including: (i) Establishing a new For the Commission, by the Division of comply with such amended or successor registered management investment Investment Management, pursuant to rule. company; and (ii) withdrawing delegated authority. h. Each Participating Insurance Qualified Plan assets subject to the Margaret H. McFarland, Company will maintain at its home conflict from the Trusts and reinvesting Deputy Secretary. office available to the Commission a list such assets in a different investment [FR Doc. 99–14207 Filed 6–3–99; 8:45 am] of its officers, directors and employees medium (including another Fund of the BILLING CODE 8010±01±M who participate directly in the Trusts) or submitting the question of management and administration of any whether such withdrawal should be separate account organized as a UIT or implemented to a vote of all affected SECURITIES AND EXCHANGE of any Fund. These individuals will Qualified Plan investors, and, as COMMISSION continue to be subject to the automatic appropriate, segregating the assets of disqualification provisions of Section any group of such participants that [Release No. 35±27033] 9(a). votes in favor of such withdrawal, or Filings Under the Public Utility Holding 3. In addition to the foregoing offering to such participants the option Company Act of 1935, as Amended conditions, Applicants consent to the of making such a change. Each Qualified (``Act'') following conditions and represent and Plan will carry out the responsibility to agree that if the exemptions requested take the foregoing action with a view May 28, 1999. are granted, the Trust will not sell only to the interests of Qualified Plan Notice is hereby given that the shares of any Fund to a Qualified Plan investors in its Qualified Plan. following filing(s) has/have been made if such sale would result in the Notwithstanding the foregoing, no with the Commission pursuant to Qualified Plan owning 10% or more of Qualified Plan will be obligated to provisions of the Act and rules that Fund’s outstanding shares unless establish a new funding medium for any promulgated under the Act. All the Qualified Plan first enters into a group of participants or Qualified Plan interested persons are referred to the participation agreement with the Trust investors if an offer to do so has been application(s) and/or declaration(s) for containing provisions that require the declined by a vote of a majority of the complete statements of the proposed following: Qualified Plan’s participants or transaction(s) summarized below. The a. The trustees or plan committees of Qualified Plan investors adversely application(s) and/or declaration(s) and the Qualified Plan will: (i) monitor the affected by the conflict. any amendments is/are available for Qualified Plan’s operations and those of c. If a material irreconcilable conflict public inspection through the the Trusts for the purpose of identifying arises because of a Qualified Plan Commission’s Branch of Public any material irreconcilable conflicts or trustee’s (or other fiduciary’s) decision Reference. potential material irreconcilable to disregard the voting instructions of Interested persons wishing to conflicts between or among the interests Qualified Plan participants (of a comment or request a hearing on the

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30076 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices application(s) and/or declaration(s) approximately $144 million.1 ACE 0609. For Further Information Contact: should submit their views in writing by requests authority to pay dividends out Diane L. Titus, at (202) 942–0564, SEC, June 22, 1999, to the Secretary, of capital or unearned surplus to Division of Investment Management, Securities and Exchange Commission, preferred stockholders and to Conectiv Office of Investment Company Washington, D.C. 20549–0609, and as the holder of ACE common stock for Regulation, 450 Fifth Street, N.W., serve a copy on the relevant applicant(s) up to four quarters in amounts that Washington, DC 20549–0506. and/or declarant(s) at the address(es) would aggregate up to approximately Alameda-Contra Costa Medical specified below. Proof of service (by $52 million.2 Delmarva requests Association Collective Investment Trust affidavit or, in case of an attorney at authority to pay dividends out of capital For Retirement Plans [File No. 811– law, by certificate) should be filed with or unearned surplus to preferred 5887] the request. Any request for hearing stockholders and to Conectiv as the should identify specifically the issues of holder of Delmarva common stock for Summary: Applicant seeks an order facts or law that are disputed. A person up to four quarters in amounts that declaring that it has ceased to be an who so requests will be notified of any would aggregate up to approximately investment company. Between hearing, if ordered, and will receive a $52.4 million.3 November 18, 1998, and January 5, 1999, a pro rata distribution was made copy of any notice or order issued in the For the Commission by the Division of matter. After June 22, 1999, the Investment Management, under delegated to each securityholder of each of application(s) and/or declaration(s), as authority. applicant’s portfolios based on net asset filed or as amended, may be granted Margaret H. McFarland, value. Expenses of approximately and/or permitted to become effective. Deputy Secretary. $35,000 were incurred in connection with the liquidation and were paid by [FR Doc. 99–14208 Filed 6–3–99; 8:45 am] Conectiv, et al. (70–9499) applicant’s sponsor and administrator, BILLING CODE 8010±01±M Conectiv, a registered public utility the Alameda-Contra Costa Medical holding company, Atlantic City Electric Association. Company (‘‘ACE’’), and Delmarva Power SECURITIES AND EXCHANGE Filing Dates: The application was & Light Company (‘‘Delmarva’’), both COMMISSION filed on April 21, 1999, and amended on utility subsidiaries of Conectiv May 21, 1999. (‘‘Applicants’’), all located at 800 King [Release No. IC±23856] Applicant’s Address: 6230 Claremont Street, Wilmington, Delaware 19899, Avenue, Oakland, California 94618. Applications for Deregistration Under have filed a declaration under section Section 8(f) of the Investment Bascom Hill Balanced Fund, Inc. [File 12(c) of the Act and rules 46(a) and 54 Company Act of 1940 No. 811–4825] under the Act. Applicants note that each of the states May 28, 1999. Bascom Hill Investors, Inc. [File No. in which ACE and Delmarva operate, The following is a notice of 811–2825] i.e., New Jersey, Delaware, Maryland applications for deregistration under Madison Bond Fund, Inc. [File No. 811– and Virginia, has enacted restructuring section 8(f) of the Investment Company 5952] legislation that is intended to result in Act of 1940 for the month of May, 1999. Summary: EAch applicant seeks an competition for the supply component A copy of each application may be order declaring that it has ceased to be of the price ACE and Delmarva charge obtained for a fee at the SEC’s Public an investment company. On June 13, to their retail customers. Applicants Reference Branch, 450 Fifth St., N.W., 1997, Bascom Hill Balanced Fund, Inc. state that because of this legislation, Washington, DC 20549–0102 (tel. 202– and Bascom Hill Investors, Inc. certain costs that ACE and Delmarva 942–8090). An order granting each transferred their assets and liabilities to have incurred to serve their customers application will be issued unless the a corresponding series of Mosaic Equity (‘‘stranded costs’’) may not be SEC orders a hearing. Interested persons Trust based on net asset value. On June recoverable from these customers. may request a hearing on any 13, 1997, Madison Bond Fund, Inc. Applicants expect that the utility application by writing to the SEC’s transferred its assets and liabilities to commissions in Delaware, Maryland Secretary at the address below and Mosaic Income Trust based on net asset and Virginia will issue orders in the serving the relevant applicant with a value. Expenses of approximately second and third quarters copy of the request, personally or by $12,000, $10,000, and $8,000, (‘‘Restructuring Orders’’) that will allow mail. Hearing requests should be respectively, were incurred in applicants to quantify the amount of received by the SEC by 5:30 p.m. on connection with the reorganizations and stranded costs that ACE and Delmarva June 22, 1999, and should be were paid by Madison Investment will have to charge to their retained accompanied by proof of service on the Advisors, Inc., investment adviser of earnings. applicant, in the form of an affidavit or, each applicant. Applicants state that these charges for lawyers, a certificate of service. Filing Dates: Each application was may have an effect on Applicants’ Hearing requests should state the nature filed on February 17, 1999, and abilities to pay dividends out of retained of the writer’s interest, the reason for the amended on May 12, 1999. earnings. For this reason, each request, and the issues contested. Applicants’ Address: 6411 Mineral Applicant seeks authority to pay Persons who wish to be notified of a Point Road, Madison, Wisconsin 53705. dividends out of capital or unearned hearing may request notification by surplus should the charges to retained writing to the Secretary, SEC, 450 Fifth The Highland Family of Funds [File No. earnings exceed its level of retained Street, N.W., Washington, DC 20549– 811–7867] earnings at the time of the charge. Summary: Applicant seeks an order Specifically, Conectiv requests 1 This represents approximately ten percent of declaring that it has ceased to be an authority to pay dividends with respect Conectiv’s capital surplus as of March 31, 1999. investment company. On March 13, to its common stock and Class A 2 This represents eleven percent of the ACE capital surplus as of March 31, 1999. 1998, applicant made its final common stock for up to six quarters in 3 This represents approximately ten percent of liquidating distribution to its remaining amounts that would aggregate up to Delmarva’s capital surplus as of March 31, 1999. securityholders at net asset value per

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30077 share. Expenses of approximately by Principal Management Corporation, I. Self-Regulatory Organization’s $33,815 incurred in connection with the applicant’s investment adviser. Statement of the Terms of Substance of liquidation were paid by Robert Lamb Filing Dates: The application was the Proposed Rule Change III, applicant’s President and Trustee, filed on April 28, 1999, and amended on The purpose of the proposed rule and co-founder of Highland Investment May 20, 1999. change is to extend the Commission’s Group, L.P., applicant’s investment Applicant’s Address: The Principal temporary approval of DTC’s admission adviser. Financial Group, Des Moines, Iowa criteria for entities that are organized in Filing Dates: The application was 50392. a country other than the United States filed on November 5, 1998 and amended Stonebridge Growth Fund, Inc. [File (‘‘non-U.S. entities’’). on May 11, 1999. No. 811–916] Applicant’s Address: 1248 Post Road, II. Self-Regulatory Organization’s Fairfield, Connecticut 06430. Summary: Applicant seeks an order Statement of the Purpose of, and declaring that it has ceased to be an Statutory Basis for, the Proposed Rule Marquis Funds [File No. 811–7830] investment company. On November 2, Change Summary: Applicant seeks an order 1998, applicant transferred all of its In its filing with the Commission, declaring that it has ceased to be an assets to the Stonebridge Growth Fund, DTC included statements concerning investment company. On August 10, a series of the Stonebridge Funds Trust, the purpose of and basis for the 1998, applicant transferred all of its at net asset value. Expenses of proposed rule change and discussed any assets and liabilities to corresponding approximately $41,000 incurred in comments it received on the proposed series of The One Group in exchange connection with the reorganization were rule change. The text of these statements for shares of the corresponding series of borne by applicant. may be examined at the places specified The One Group based on net asset Filing Dates: The application was in Item IV below. DTC has prepared value. Expense of approximately filed on January 8, 1999, and amended summaries, set forth in sections (A), (B), $270,000 were incurred in connection on April 15, 1999 and May 26, 1999. and (C) below, of the most significant with the reorganization and were paid Applicant’s Address: 370 17th Street, aspects of such statements.2 by Banc One Investment Advisors, Suite 3100, Denver, Colorado 80202– (A) Self-Regulatory Organization’s investment adviser to the The One 5631. . Statement of the Purpose of, and Group For the Commission, by the Division of Statutory Basis for, the Proposed Rule Filing Dates: The application was Investment Management, pursuant to Change filed on March 26, 1999, and amended delegated authority. The purpose of the proposed rule on May 26, 1999. Margaret H. McFarland, change is to extend the Commission’s Applicant’s Address: 2 Oliver Street, Deputy Secretary. Boston, Massachusetts 02109. temporary approval of DTC’s admission [FR Doc. 99–14209 Filed 6–3–99; 8:45 am] criteria for non-U.S. entities as direct Oppenheimer Mortgage Income Fund BILLING CODE 8010±01±M DTC participants. The Commission [File No. 811–4712] originally granted temporary approval 3 Summary: Applicant seeks an order on May 9, 1997. The admission criteria SECURITIES AND EXCHANGE permit well-qualified, non-U.S. entities declaring that it has ceased to be an COMMISSION investment company. On June 28, 1995, to obtain direct access to DTC’s services applicant transferred all of its assets to without requiring the non-U.S. entities [Release No. 34±41466; File No. SR±DTC± to obtain financial guarantees from Oppenheimer U.S. Government Trust 99±12] (‘‘U.S. Government Trust’’), in exchange another DTC participant. According to DTC, DTC established the program for for shares of U.S. Government Trust, Self-Regulatory Organizations; The admission of non-U.S. entities in based on the relative net asset values Depository Trust Company; Filing and response to requests it received from per share. Applicant and U.S. Order Granting Accelerated, certain participants. These participants Government Trust paid $37,107 and Temporary Approval of a Proposed requested that DTC consider changes in $23,207, respectively, in expenses Rule Change Relating to the its admissions policy that would allow related to the reorganization. Admission of Non-U.S. Entities as non-U.S. affiliates to become direct Filing Dates: The application was Direct Depository Participants filed on March 3, 1999, and amended on participants without having to obtain May 12, 1999. May 28, 1999. financial guarantees from a DTC Applicant’s Address: Two World Pursuant to Section 19(b)(1) of the participant that was a U.S. entity. As of May 10, 1999, one non-U.S. Trade Center, New York, New York Securities Exchange Act of 1934 entity has been approved for DTC 10048–0203. (‘‘Act’’),1 notice is hereby given that on May 19, 1999, The Depository Trust membership under the standards for Principal Tax-Exempt Cash Company (‘‘DTC’’) filed with the admission of non-U.S. entities. DTC is Management Fund, Inc. [File No. 811– Securities and Exchange Commission currently reviewing an application from 5548] (‘‘Commission’’) the proposed rule another non-U.S. entity and has received numerous inquiries from other Summary: Applicant seeks an order change as described in Items I and II non-U.S. entities. In 1999, DTC expects declaring that it has ceased to be an below, which Items have been prepared investment company. On April 8, 1999, primarily by DTC. The Commission is 2 The Commission has modified the text of the applicant transferred its assets and publishing this notice and order to summaries prepared by DTC. liabilities to Principal Cash Management solicit comments from interested 3 For a complete discussion of the admission Fund, Inc. in exchange for shares of that persons and to grant accelerated, criteria, refer to Securities Exchange Act Release fund based on the net asset value per temporary approval of the proposed rule No, 38600, International Release No. 1078 (May 9, change through May 31, 2000. 1997), 62 FR 27086–01 [File No. SR–DTC–96–13] share. Expenses of approximately (order temporarily approving a proposed rule $70,000 were incurred in connection change relating to the admission of non-U.S. with the reorganization, and were paid 1 15 U.S.C. 78s(b)(1). entities as direct depository participants).

VerDate 06-MAY-99 17:40 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30078 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices to admit, several non-U.S. entities. DTC custody, control, or for which it is SECURITIES AND EXCHANGE is seeking an extension of the temporary responsible. COMMISSION approval so it can complete the DTC has requested that the [Release No. 34±41457; File No. SR±MSRB± admission of these non-U.S. entities and Commission find good cause for 99±03] gain further experience with the approving the proposed rule change admission standards of non-U.S. entities prior to the thirtieth day after Self-Regulatory Organizations; Notice and the unique risks posed by the of Filing and Immediate Effectiveness activities of non-U.S. entities as direct publication of the notice of the filing. The Commission finds good cause for of Proposed Rule Change by the DTC participants. Municipal Securities Rulemaking approving the proposed rule change DTC believes that the proposed rule Board Relating to Reports of Sales and prior to the thirtieth day after change is consistent with the Purchases, Pursuant to Rule G±14 requirements of Section 17A(b)(3)(F) of publication of the notice of the filing the Act and the rules and regulations because accelerated approval will May 26, 1999. promulgated because the admission permit DTC to continue to use and Pursuant to section 19(b)(1) of the criteria takes into account the unique study the effectiveness of its admission Securities Exchange Act of 1934 risks to DTC raised by the admission of criteria without interruption. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 non-U.S. entities while not unfairly notice is hereby given that on April 28, discriminating against non-U.S. entities IV. Solicitation of Comments 1999, the Municipal Securities Rulemaking Board (‘‘Board’’ or seeking admission as participants. Interested persons are invited to ‘‘MSRB’’) filed with the Securities and submit written data, views, and (b) Self-Regulatory Organization’s Exchange Commission (‘‘Commission’’ Statement on Burden on Competition arguments concerning the foregoing, or ‘‘SEC’’) a proposed rule change (File While DTC acknowledges that the including whether the proposed rule No. SR–MSRB–99–03). The proposed proposed additional admissions criteria change is consistent with the Act. rule change is described in Items I, II, applicable to non-U.S. entities may Persons making written submission and III below, which Items have been impose some additional burden, for the should file six copies thereof with the prepared by the Board. The MSRB has reasons stated above, we believe that Secretary, Securities and Exchange designated this proposal as one any such burden is necessary and Commission, 450 Fifth Street, N.W., constituting a stated policy, practice or appropriate in furtherance of the Washington, D.C. 20549. Copies of the interpretation with respect to the purposes of the Act. submissions, all subsequent enforcement of an existing rule under amendments, all written statements Section 19(b)(3)(A) 3 of the Act which (C) Self-Regulatory Organization’s with respect to the proposed rule renders the proposal effective upon Statement on Comments on the change that are filed with the receipt of the filing by the Commission. Proposed Rule Change Received from The Commission is publishing this Members, Participants or Others Commission, and all written communications relating to the notice to solicit comments on the DTC has not sought or received proposed rule change between the proposed rule change from interested comments on the proposed rule change. Commission and any person, other than persons. III. Date of Effectiveness of the those that may be withheld from the I. Self-Regulatory Organization’s Proposed Rule Change and Timing for public in accordance with the Statement of the Terms of Substance of Commission Action provisions of 5 U.S.C. 552, will be the Proposed Rule Change Section 17A(b)(3)(F) of the Act available for inspection and copying in The Board is filing a proposed rule requires that the rules of a clearing the Commission’s Public Reference change concerning the Board’s agency be designed to assure the Room, 450 Fifth Street, N.W., Transaction Reporting Program. The safeguarding of securities and funds Washington, D.C. 20549. Copies of such proposed rule change states the Board’s which are in the custody or control of filings will also be available for intention to publish for comments a the clearing agency or for which it is inspection and copying at the principal sample Daily Transaction Report which responsible.4 The Commission finds office of DTC. All submissions should covers a five day period and contains that the rule change is consistent with refer to the file number SR–DTC–99–12 information on individual transactions this obligation because DTC’s admission and should be submitted by June 25, in frequently-traded municipal criteria has been designed in a manner 1999. securities, as reported by dealers under Rule G–14. which takes into account jurisdiction It is therefore ordered, pursuant to differences in regulatory structure and The proposed rule change is as Section 19(b)(2) of the Act, that the in business operations of non-U.S. follows in italics: proposed rule change (File No. SR– entities with respect to risk control and DTC–99–12), be, and hereby is, Notice—Sample Transparency Reports management. Furthermore, DTC With Data on Individual Transactions in admission criteria should bind non-U.S. temporarily approved on an accelerated basis through May 31, 2000. Frequently-Traded Securities Available entities to DTC’s rules and procedures for Review in a manner similar to domestic For the Commission by the Division participants and should lesson or of Market Regulation pursuant to A long standing goal of the Municipal eliminate the negative effects that delegated authority.5 Securities Rulemaking Board is providing market participants with more jurisdictional issues could have on Margaret H. McFarland, DTC’s exercise of its rights against non- information about the value of Deputy Secretary. 4 U.S. entities. Therefore, the Commission securities. Toward this end, the Board [FR Doc. 99–14211 Filed 6–3–99; 8:45 am] finds that the admissions criteria will 1 assist DTC in assuring the safeguarding BILLING CODE 8010±01±M 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. of securities and funds which are in its 3 15 U.S.C. 78s(b)(3)(A). 4 See ‘‘From the Chairman,’’ MSRB Reports, Vol. 4 15 U.S.C. 78q–1(b)(3)(F). 5 17 CFR 200.30–3(a)(12). 8, No. 5 (December 1988) at 2.

VerDate 06-MAY-99 17:40 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30079 established its Transaction Reporting frequency of trading also differs market participants to help gauge the Program, which has provided increasing substantially from patterns in the value of municipal securities. levels of information during the past exchange and NASDAQ markets. While, The Board currently has nine five years. The Board has consistently on any given day, a certain number of subscribers to the Combined Daily stated that its ultimate goal for the municipal securities are traded Report. Most of these are information Program is to collect and make available frequently, the identity of these vendors that redistribute to their own transaction information in a frequently traded issues is continually subscribers and/or use the information comprehensive and contemporaneous changing over time. Another in various securities valuation products manner.5 distinguishing characteristic is that, in that they market. The Board has used The Board is now publishing for the municipal securities market, most the customer transaction information to comment sample Daily Transaction issues are purchased by ‘‘buy and hold’’ create a surveillance database of all Reports with individual transaction investors relatively quickly after initial trade data which is has made available information for issues that trade four or issuance. When frequent trading does to the Commission, the National more times on an give day. The sample occur in an issue, it generally occurs in Association of Securities Dealers Daily Transaction Reports represents connection with issuance and then (NASD) and the bank regulatory the next step in making transaction subsides. agencies for market surveillance and price information more readily available enforcement purposes. The Board identified a reporting to investors and other market threshold of four trades a day in 1994, Proposed New Daily Transaction Report participants. Release of the sample based upon its belief that reporting an reports builds upon tow earlier phases As a step to increase transparency isolated transaction in a security does of transparency—the Board’s Inter- beyond the market summary not necessarily provide a reliable Dealer Daily Report and the Combined information provided in Combined indicator of ‘‘market price’’ and might Daily Reports, the Board now is Daily Report. be misleading to an observer not proposing to make data available on Background familiar with the market. At the same individual transactions in securities that time, the Board made a commitment to were traded four or more times on the The Inter-Daily Report review the use of the Inter-Dealer Daily previous day and is publishing samples The Board began disseminating price Report as experience was obtained and of a new Daily Transaction Report for and volume information on municipal to consider expanding the information comments. The new Daily Transaction securities on January 1995 with the included.7 In its approval order for the Report, once it receives Commission production of the Inter-Dealer Daily Inter-Dealer Daily Report, the approval and becomes operational, Report. Each business day since its Commission noted that the MSRB, in would substantially increase the amount inauguration, this report has provided proceeding to subsequent levels of of available information compared to statistics on total inter-dealer market transparency, ‘‘should continue to work that provided in the Combined Daily activity the previous day and toward publicly disseminating the Report. Currently, the Combined Daily information about price and volume for maximum level of useful information to Report provides a one-line summary of each frequently traded issue—i.e., each the public while ensuring that the trading in each of approximately 1,072 issue that was traded between dealers information and manner in which it is frequently-traded issues. In comparison, four or more times during the day. The presented is not misleading.’’ 8 for each transaction in a frequently- report includes the total par value traded security,12 the sample Daily traded in each frequently traded issue, The Combined Daily Report Transaction Reports display the CUSIP the high and low prices, and average number and a short description of the The Board proposed in August 1996 prices of representative trades.6 traded issue, the time of trade to expand the transparency program by The initial design of the Inter-Dealer execution, the par value traded, and the adding to the daily public report Daily Report was based upon the dollar price of the trade.13 As part of the information about transactions between distinctive aspects of the municipal format of the sample Reports, prices of dealers and their customers.9 The securities market that distinguish it sales to customers, which represent the Commission approved the expansion in from the exchange-listed and NASDAQ November 1996.10 Dealers have been markets, where transaction price 12 In determining whether a reported transactions required to report customer transaction transparency is the norm. A primary will be included for purposes of the Daily Report information to the Board since March 1, eligibility, certain transaction records are distinguishing characteristic of the 1998, and the Board began production eliminated from consideration if they contain what municipal securities market is the large appear to be obvious errors (e.g., invalid or of a Combined Daily Report which number of outstanding issues. There are unknown CUSIP number, missing dollar price). The incorporated both inter-dealer and approximately 1.3 million municipal Board continually monitors the data it receives for customer transaction information on errors and informs the dealer or its agent of each securities that are distinct, non-fungible August 24, 1998.11 This report, which is error that would eliminate a transaction from the entities for purposes of trading and Report. The Board is working continually with made available on T+1 prior to the reporting, compared to a much smaller dealers and enforcement agencies such as the beginning of the trading day, is used by NASD to improve the quality of reported data and number of equity issues, and their dealer compliance with rule G–14 reporting requirements. 7 See Securities Exchange Act Release No. 34458 5See, e.g., ‘‘Board to Proceed with Pilot Program 13 An attempt is made to calculate a dollar price (July 28, 1994). to Disseminate Inter-Dealer Transaction on when-issued transactions submitted with a yield 8 Information,’’ MSRB Reports, Vol. 14, No. 1 See Securities Exchange Act Release No. 34955 but no dollar price. In such a case, if there is (January 1994) at 13; ‘‘Reporting Inter-Dealer (November 9, 1994). sufficient securities data available to calculate Transactions to the Board: Rule G–14,’’ MSRB 9 See ‘‘Board to Proceed with Customer dollar price from yield (e.g., if coupon or dated date Reports, Vol. 14, No. 5 (December 1994) at 3–6; and Transaction Reporting Program,’’ MSRB Reports, are not known) or if the dollar price cannot be ‘‘Transaction Reporting Program for Municipal Vol. 16, No. 3 (September 1996) at 3–10. calculated using a standard semiannual Securities,’’ MSRB Reports, Vol. 15, No. 1 (April 10 See Securities Exchange Act Release No. 37998 compounding formula and a 30/360 day-count, the 1995) at 11–15. (November 29, 1996). transaction is not included in the Daily Transaction 6 The average price of all trades with par value 11 See ‘‘Availability of Information on Report. See ‘‘Public Reporting of Transactions in between $100,000 and $1 million is displayed in the Transactions in Municipal Securities: Rule G–14,’’ Municipal Securities: Rule G–14,’’ MSRB Reports, report. MSRB Reports, Vol. 19, No. 1 (February 1999) at 23. Vol. 18, No. 2 (August 1998) at 25–27.

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30080 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices prices that customers can expect to pay by the same means and in the same par value traded, and the dollar price of when purchasing securities, are in a computerized formats as the Inter- the trade. In addition, the sample Daily column separate from prices of all other Dealer and Combined Daily Reports? Is Transaction Report shows prices of sales trades (i.e., purchases from a customer there value in continuing to produce the to customers, which represent the prices or inter-dealer trades), which represent Combined Daily Report, which that customers can expect to pay when wholesale market activity. Issues are summarizes the price and volume data purchasing securities, in a column ordered by frequency of trading, and, of the Daily Transaction Report? The separate from prices of all other trades within an issue, trades are displayed in Board requests that comment on the (i.e., purchases from a customer or inter- order of time of trade, from the earliest sample Daily Transaction Report be dealer trades), which represent reported time of trade to the latest.14 made in writing prior to July 1, 1999. wholesale market activity. Issues will be Trade data now being received by the ordered by frequency of trading and II. Self-Regulatory Organization’s Board indicates that the new Daily within an issue trades will be displayed Statement of the Purpose of, and Transaction Reports on average would in order of time of trade, from the Statutory Basis for, the Proposed Rule provide detailed information daily on earliest reported time of trade to the Change approximately 9,000 individual latest. Trade data now being received by transactions in the 1,000 frequently- In its filing with the Commission, the the Board indicates that the new Daily traded issues. As these statistics Board included statements concerning Transaction Reports on average would illustrate, the detailed transaction data the purpose of, and basis for, the provide detailed information daily on in the new Reports would increase proposed rule change and discussed any approximately 9,000 individual greatly the amount of available comments it received on the proposed transactions in the 1,000 frequently- municipal securities price information rule change. The texts of these traded issues. As these statistics and would display a more complete statements may be examined at the illustrate, the detailed transaction data picture of the market than any existing places specified in Item IV below. The in the new Reports should increase public records. Board has prepared summaries, set forth greatly the amount of available Five sample Daily Transaction in Section A, B, and C below, of the municipal securities price information Reports will be available beginning most significant aspects of such and should display a more complete April 29, 1999. The Reports will include statements. picture of the market than any existing public records. information on transactions reported to A. Self-Regulatory Organization’s the Board by midnight on trade date Statement of the Purpose of, and 2. Basis between March 22 and March 26, 1999. Statutory Basis for, the Proposed Rule The Board believes the proposed rule The sample Daily Transaction Reports Change will be available on the Board’s Web site change is consistent with Section at WWW.MSRB.ORG. Subscribers to the 1. Purpose 15B(b)(2)(C) of the Act, which provides that the Board’s rules shall: current Inter-Dealer Daily Report also As a step to increase transparency will be able to access the sample beyond the market summary be designed to prevent fraudulent and Reports through the computer bulletin information provided in Combined manipulative acts and practices, to board that they normally use to access Daily Reports, the Board intends to promote just and equitable principles of Daily Reports. Printed copies will be publish a sample Daily Transaction trade, to foster cooperation and available for inspection at the Board’s Report covering a five day period coordination with persons engaged in offices. containing information on individual regulating, clearing, settling, processing The Board intends to disseminate the transactions in frequently-traded information with respect to, and Daily Transaction Report by a service municipal securities, as reported by facilitating transactions in municipal similar to that now used for the Inter- dealers under Rule G–14. The sample securities, to remove impediments to Dealer and Combined Daily Reports. In Daily Transaction Report represents the and perfect the mechanism of a free and this service, electronic files are made next step in disseminating meaningful open market in municipal securities, available via the Transaction Reporting and comprehensive transaction and, in general, to protect investors and System’s Bulletin Board. Electronic information. The Board is inviting the public interest. versions of the reports will be made comments from market participants and B. Self-Regulatory Organization’s available by approximately 7:00 am the public on the format to be used in Statement on Burden on Competition each business day to subscribers. The disseminating large quantities of The Board does not believe that the Board will continue to make the information about individual surveillance database of all trade data, proposed rule change will impose any transactions. burden on competition in that it applies including dealer identities, available to The new Daily Transaction Report, the Commission, the NASD and the equally to all dealers in municipal once it receives Commission approval securities. bank regulatory agencies. and becomes operational, would Comments Requested substantially increase the amount of C. Self-Regulatory Organization’s information available compared to that Statement on Comments on the The Board invites comment on the currently provided in the Combined Proposed Rule Change Received from format of Daily Transaction Reports so Daily Report. Currently, the Combined Members, Participants, or Others that the Board can make the new Daily Report provides a one-line Reports as useful as possible. Is the Written comments have been summary of trading in each of organization of the proposed Report solicited. However, none have been approximately 1,072 frequently-traded appropriate for effective use? When received to date. issues. In comparison, for each operational, should the proposed transaction in a frequently-traded III. Date of Effectiveness of the reports be made available electronically security, the sample Daily Transaction Proposed Rule Change and Timing for Commission Action 14 Where trades were reported with invalid or no Report will display the CUSIP number time of trade, the report shows the time of trade as and a short description of the traded The Board has designated this ‘‘0’’ and these trades are listed first within the issue. issue, the time of trade execution, the proposed rule change as constituting a

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30081 stated policy, practice, or interpretation SECURITIES AND EXCHANGE 3080. Disclosure to Associated Persons with respect to the meaning, COMMISSION When Signing Form U–4 administration, or enforcement of an [Release No. 34±41461; File No. SR±NASD± A member shall provide an associated existing Board rule under section 99±08] person with the following written 15 19(b)(3)(A) of the Act, and rule 19b– statement whenever the associated 16 4(f)(1) thereunder, which renders the Self-Regulatory Organizations; filing of person is asked to sign a new or proposed rule change effective upon Proposed Rule Change and amended Form U–4. receipt of this filing by the Commission. Amendment No. 1 by the National The Form U–4 contains a predispute The proposed rule change describes the Association of Securities dealers, Inc. arbitration clause. It is in item 5 on page plan for the Board to provide sample Relating to the Arbitration Process for 4 of the Form U–4. You should read that data from the Board’s Transaction Claims of Employment Discrimination clause now. Before signing the Form U– Reporting System so that the Board can 4, you should understand the following: May 27, 1999. obtain comment on the format of a new (1) You are agreeing to arbitrate any Pursuant to Section 19(b)(1) of the Daily Transaction Report and move dispute, claim or controversy that may Securities Exchange Act of 1934 expeditiously forward with its arise between you and your firm, or a (‘‘Act’’),1 and Rule 19b–4 thereunder,2 previously announced plan to make customer, or any other person, that is notice is hereby given that on February public transaction data more useful and required to be arbitrated under the rules 1, 1999, the National Association of comprehensive. At any time within of the self-regulatory organizations with Securities Dealers, Inc., (‘‘NASD’’) or sixty days of the filing of the proposed which you are registering. This means ‘‘Association’’), through its wholly- rule change, the Commission may you are giving up the right to sue a summarily abrogate such rule change if owned subsidiary, NASD Regulation, Inc. (‘‘NASD Regulation’’) filed with the member, customer, or another it appears to the Commission that such associated person in court, including action is necessary or appropriate in the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed the right to a trial by jury, except as public interest, for the protection of provided by the rules of the arbitration investors, or otherwise in furtherance of rule change as described in Items, I, II, and III below, which Items have been forum in which a claim is filed. the purposes of the Act. (2) A claim alleging employment prepared by NASD Regulation. On May IV. Solicitation of Comments 10, 1999, NASD Regulation amended its discrimination, including a sexual 3 harassment claim, in violation of a Interested persons are invited to proposal. The Commission is publishing this notice to solicit statute is not required to be arbitrated submit written data, views, and under NASD rules. Such a claim may be arguments concerning the foregoing, comments on the proposed rule change, as amended, from interested persons. arbitrated at the NASD only if the including whether the proposed rule parties have agreed to arbitrate it, either change is consistent with the Act. I. Self-Regulatory Organization’s before or after the dispute arose. The Persons making written submissions Statement of the Terms of Substance of rules of other arbitration forums may be should file six copies thereof with the the Proposed Rule Change different. Secretary, Securities and Exchange NASD Regulation is proposing to (3) Arbitration awards are generally Commission, 450 Fifth Street, NW, amend Rules 10201 and 10202, and to final and binding; a party’s ability to Washington, D.C. 20549–0609. Copies of add new Rule 3080 and new Rule Series have a court reverse or modify an the submission, all subsequent 10210 of the NASD. The proposed rule arbitration award is very limited. amendments, all written statements change is intended to enhance the (4) The ability of the parties to obtain with respect to the proposed rule dispute resolution process for the documents, witness statements and change that are filed with the handling of employment discrimination other discovery is generally more Commission, and all written disputes, and to expand disclosure to limited in arbitration than in court communications relating to the employees concerning the arbitration of proceedings. proposed rule change between the all disputes. The text of the proposed (5) The arbitrators do not have to Commission, and any person, other than rule change follows. Proposed new rule explain the reason(s) for their award. those that may be withheld from the language is in italics; proposed (6) The panel of arbitrators may public in accordance with the deletions are in brackets. include arbitrators who were or are provisions of 5 U.S.C. 552, will be affiliated with the securities industry, or * * * * * available for inspection and copying in public arbitrators, as provided by the the Commission’s Public Reference RULES OF THE ASSOCIATION rules of the arbitration forum in which Room. Copies of the filing will also be * * * * * a claim is filed. available for inspection and copying at (7) The rules of some arbitration the Board’s principal offices. All 3000. RESPONSIBILITIES RELATING forums may impose time limits for submissions should refer to File No. TO ASSOCIATED PERSONS, bringing a claim in arbitration. In some SR–MSRB–99–03 and should be EMPLOYEES, AND OTHERS’ cases, a claim that is ineligible for submitted by June 25. 1999. EMPLOYEES arbitration may be brought in court. For the Commission by the Division of * * * * * * * * * * Market Regulation, pursuant to delegated 1000. CODE OF ARBITRATION authority.17 1 15 U.S.C. 78s(b)(1). PROCEDURE Margaret H. McFarland, 2 17 CFR 240.19b–4. 3 Deputy Secretary. See Letter from Alden S. Adkins, Senior Vice * * * * * President and General Counsel, NASD Regulation, [FR Doc. 99–14113 Filed 6–3–99; 8:45 am] to Katherine A. England, Assistant Director, 10200. INDUSTRY AND CLEARING BILLING CODE 8010±01±M Division of Market Regulation, Commission, dated CONTROVERSIES May 10, 1999 (‘‘Amendment No. 1’’). Amendment No. 1 made substantive changes to the proposed 10210. Required Submission 15 15 U.S.C. 78s(b)(3)(A). rule language, including the provisions for 16 17 U.S.C. 240.19b–4(f)(1). arbitrator qualifications and coordination of claims (a) Except as provided in paragraph 17 17 CFR 200.30–3(a)(12). filed in court and arbitration. (b) or Rule 10216, a dispute, claim, or

VerDate 06-MAY-99 17:40 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30082 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices controversy eligible for submission (A) law degree (Juris Doctor or statement of any other issues resolved, under the Rule 10100 Series between or equivalent); and a statement regarding the among members and/or associated (B) membership in the Bar of any disposition of any statutory claim(s). persons, and/or certain others, arising in jurisdiction; 10215. Attorneys’ Fees connection with the business of such (C) substantial familiarity with member(s) or in connection with the employment law; and The arbitrator(s) shall have the activities of such associated person(s), (D) ten or more years of legal authority to provide for reasonable or arising out of the employment or experience, of which at least five years attorneys’ fee reimbursement, in whole termination of employment of such must be in either: or in part, as part of the remedy in associated person(s) with such member, (i) law practice; accordance with applicable law. shall be arbitrated under this Code, at (ii) law school teaching; the instance of: (iii) government enforcement of equal 10216. Coordination of Claims Filed in (1) a member against another member; employment opportunity statutes; Court and in Arbitration (2) a member against a person (iv) experience as a judge, arbitrator, (a) Option To Combine Related Claims associated with a member or a person or mediator, or in Court associated with a member against a (v) experience as an equal member; and employment opportunity officer or in- (1)(A) If a current or former associated (3) a person associated with a member house counsel of a corporation. person of a member files a statutory against a person associated with a (2) In addition, a chair or single discrimination claim in court against a member. arbitrator with the above experience member or its associated persons, and * * * * * may not have represented primarily the asserts related claims in arbitration at views of employers or of employees the Association against some or all of 10202. Composition of Panels within the last five years. For purposes the same parties, a respondent who is (a) In disputes subject to arbitration of this Rule, the term ‘‘primarily’’ shall named in both proceedings shall have that arise out of the employment or be interpreted to mean 50% or more of the option to move to compel the termination of employment of an the arbitrator’s business or professional claimant to bring the related arbitration associated person, and that relate activities within the last five years. claims in the same court proceeding In exclusively to disputes involving (c) Waiver of Special Qualifications which the statutory discrimination employment contracts, promissory notes claim is pending, to the full extent to or receipt of commission, the panel of If all parties agree, after a dispute which the court will accept jurisdiction arbitrators shall be appointed as arises, they may waive any of the over the related claims. provided by paragraph (b)(1) or (2) or qualifications set forth in paragraph (a) (B) The respondent shall notify the Rule 10203, whichever is applicable. In or (b) above. claimant in writing, before the time to all other disputes arising out of the 10212. Composition of panels answer Rule 10314 has expired, that it employment or termination of is exercising this option and shall file a employment of an associated person, For disputes involving a claim copy of such notification with the the panel of arbitrators shall be alleging employment discrimination, Director. If the respondent files an appointed as provided by rule 10212, including a sexual harassment claim, in answer without having exercised this 10302 or [Rule] 10308, whichever is violation of a statute: option, it shall have waived its right to applicable. (a) Each panel shall consist of either a single public arbitrator or three public move to compel the claimant to assert 10210. Statutory Employment arbitrators qualified under Rule 10211, related claims in court, except as Discrimination Claims unless the parties agree to a different provided in paragraph (b). The Rule 10210 Series shall apply panel composition. (2)(A) If a member or current or only to disputes that include a claim (b) A single arbitrator shall be former associated person of a member alleging employment discrimination, appointed to hear claims for $100,00 or (‘‘party’’) has a pending claim in including a sexual harassment claim, in less. arbitration against a current or former violation of a statute. The Rule 10210 (c) A panel of three arbitrators shall associated person of a member and the Series shall supersede any inconsistent be appointed to hear claims for more current or former associated person Rules contained in this Code. than $100,000, unless the parties agree thereafter asserts a related statutory to have their case determined by a employment discrimination claim in 10211. Special Arbitrator Qualifications single arbitrator. court against the party, the party shall for Employment Discrimination have the option to assert its pending Disputes (a) Minimum Qualifications for 10213. Discovery arbitration claims and any All Arbitrators (a) Necessary pre-hearing depositions counterclaims in court. Only arbitrators classified as public consistent with the expedited nature of (B) The party shall notify the current arbitrators as provided in Rule 10308 arbitration shall be available. or former associated person in writing, shall be selected to consider disputes (b) The provisions of Rule 10321 shall before filing an answer to the complaint involving a claim of employment apply to proceedings under this Rule in court, that it is exercising this option discrimination, including a sexual 10210 Series. and shall file a copy of such notification harassment claim, in violation of a 10214. Awards with the Director. If the party files an statute. The arbitrator(s) shall be empowered answer in court without having (b) Single Arbitrators or Chairs of Three- to award any relief that would be exercised this option, it shall have Person Panels available in court under the law. The waived its right to assert the pending (1) Arbitrators who are selected to arbitrator(s) shall issue an award setting arbitration claim in court. serve as single arbitrators or as chairs of forth a summary of the issues, including (C) The party may not exercise this three-person panels should have the the type(s) of dispute(s), the damages or option after the first hearing has begun following additional qualifications: other relief requested and awarded, a on the arbitration claim.

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(b) Option Extended When Claim Is consolidation of all claims in court prior A. Self-Regulatory Organization’s Amended to filing a Statement of Claim, in an Statement of the Purpose of, and (1) If the claimant files an amended effort to save the expense of arbitration Statutory Basis for, the Proposed Rule Statement of Claim adding new claims fees. A copy of such certification shall Change not asserted in the original Statement of be sent to the respondent at the same 1. Purpose Claim, a respondent named in the time and in the same manner as the The proposed rule change is intended amended Statement of Claim shall have filing with the Director. to enhance the dispute resolution the right to move to compel the claimant (2) If, after a certification has been process for the handling of employment to assert all related claims in the same filed, all the respondents later exercise discrimination disputes, and to expand court proceeding in which the statutory the option to consolidate all claims in disclosure to employees concerning the discrimination claim is pending, to the court, the Director will return the arbitration of all disputes. full extent that the court will accept claimant’s filing fee and any hearing Background. In August 1997, NASD jurisdiction over the related claims, session deposits for hearings that have Regulation and the NASD Boards even if those related claims were decided to remove from the NASD Code asserted in the original Statement of not been held, but will retain the member surcharge and any accrued of Arbitration Procedure the Claim. requirement for registered persons to (2) The respondent shall notify the member process fees. If there are any arbitrate claims of statutory employment claimant in writing, before the time to remaining respondents, the filing fee discrimination. That rule change was answer the amended Statement of Claim and any hearing deposits will be approved by the Commission and under Rule 10314 has expired, that it is adjusted to correspond to the claims became effective January 1, 1999.4 In exercising this option and shall file a against the remaining respondents. conjunction with this rule change, the copy of such notification with the Boards recommended certain Director. If the respondent files an (f) Motions to Compel Arbitration enhancements to the arbitration process answer to the amended Statement of If a member or a current or former for discrimination claims. To carry out Claim without having exercised this associated person of a member files in the Boards’ mandate, NASD Regulation option, it shall have waived its right to court a claim against a member or a staff assembled a working group, move to compel the claimant to assert current or former associated person of a including attorneys representing related claims in court. member that includes matters that are employees, general counsels of member (c) Requirement to Combine All Related subject to mandatory arbitration, either firms, and arbitrators with expertise in Claims by the rules of the Association or by employment matters to advise on issues If a party elects to require a current private agreement, the defending party relating to the arbitration of or former associated person to assert all may move to compel arbitration of the employment discrimination claims. related claims in court, the party shall claims that are subject to mandatory This working group met numerous assert in the same court proceeding all arbitration. times during 1997 and 1998 to assist the related claims that it has against the staff in preparing recommendations to associated person to the full extent to (g) Definitions the Board. In addition to several issues that were which the court will accept jurisdiction For purposes of this Rule: over the related claims. presented to them by NASD Regulation (1) The term ‘‘related claim’’ shall staff, the working group considered (d) Right of Respondent to Remain in mean any claim that arises out of the recommendations contained in a Arbitration employment or termination of document known as ‘‘A Due Process (1) If there are multiple respondents employment of an associated person. Protocol for Mediation and Arbitration and a respondent has exercised an of Statutory Disputes arising out of the (2) The term ‘‘statutory discrimination Employment Relationship’’ (‘‘the option under paragraph (a) or (b), but claim’’ means a claim alleging another respondent wishes to have the Protocol’’). The Protocol was created in employment discrimination, including a 1995 by a task force made up of claims against it remain in arbitration, sexual harassment claim, in violation of then any remaining party may apply for individuals from diverse organizations a statutes. a stay of the arbitration proceeding. involved in labor and employment law (2) The arbitration shall be stayed II. Self-Regulatory Organization’s to examine questions of due process unless the arbitration panel determines Statement of the Purpose of, and arising out of the use of mediation and that the stay will result in substantial Statutory Basis for, the Proposed Rule prejudice to one or more of the parties. 4 See Securities Exchange Act Release No. 40109 Change (June 22, 1998), 63 FR 35299 (June 29, 1998). The If a panel has not been appointed, the NASD Code of Arbitration Procedure applies not Director shall appoint a single arbitrator In its filing with the Commission, only to NASD members and their associated to consider the application for a stay. NASD Regulation included statements persons, but also to members and associated Such single arbitrator shall be selected concerning the purpose of, and basis for, persons of the Municipal Securities rulemaking Board (‘‘MSRB’’) (for claims filed after Jan. 1, 1998), using the Neutral List Selection System the proposed rule change and discussed the Philadelphia Stock Exchange (‘‘Phlx’’) (for (as defined in Rule 10308) and is not any comments it received on the claims filed after Oct. 1, 1998), and the American required to have the special proposed rule change. The text of these Stock Exchange (‘‘Amex’’) (for claims filed employment arbitrator qualifications following the closing of the merger), pursuant to statements may be examined at the agreements under which members of those self- described in Rule 10211. places specified in Item IV below. regulatory organizations for whom the NASD (e) Pre-Filing Certification NASD Regulation has prepared administers the arbitration process will be treated summaries, set forth in Sections A, B, as ‘‘members’’ of the NASD for purposes of the (1) Prior to or concurrently with filing NASD Code of Arbitration Procedure. See Securities a Statement of Claim, a claimant may and C below, of the most significant Exchange Act Release Nos. 39378 (December 1, aspects of such statements. 1997), 62 FR 64417 (December 5, 1997) (MSRB); file with the Director a certification that 40517 (October 1, 1998), 63 FR 54177 (October 8, it had communicated unsuccessfully 1998) (Phlx); and 40622 (October 30, 1998), 63 FR with the respondent concerning the 59819 (November 5, 1998) (Amex).

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30084 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices arbitration for resolving employment objectives will be respected and fully administration of the list selection disputes. The Protocol has been adopted considered. system. by several dispute resolution forums, Our recommendation is for selection of For chairpersons and single and the Boards recommended that due impartial arbitrators and mediators. We arbitrators, NASD Regulation proposes recognize the right of employers and additional qualifications in proposed process procedures similar to those in employees to jointly select as mediator and/ the Protocol be considered for use in the or arbitrators one in whom both parties have Rule 10211(b). These qualifications dispute resolution process at the NASD requisite trust, even though not possessing include a law degree, membership in for claims of employment the qualifications here recommended, as the Bar of any jurisdiction, substantial discrimination. The working group and most promising to bring finality and to familiarity with employment law, and the staff considered the provisions of withstand judicial scrutiny. The existing ten or more years of legal experience the Protocol, and made cadre of labor and employment mediators that included at least five years of one recommendations to the Board as to and arbitrators, some lawyers, some not, of the following: law practice; law how they could be applied to the although skilled in conducting hearings and school teaching; government familiar with the employment milieu is arbitration process in the NASD forum. enforcement of equal employment unlikely, without special training, to opportunity (EEO) statutes; experience Those recommendations were consistently possess knowledge of the considered and adopted by the Boards statutory environment in which these as a judge, arbitrator, or mediator; or in October 1998. In this rule filing, disputes arise and of the characteristics of the experience as an EEO officer or in-house NASD Regulation proposes adoption of non-union workplace. counsel of a corporation. In addition, the chair or single arbitrator may not a new Rule 10210 Series which will NASD Regulation currently has on its have represented primarily the views of contain special rules applicable to the arbitration roster many arbitrators who arbitration of statutory employment employees or employers within the past have indicated that they have five years. For this purpose, ‘‘primarily’’ discrimination claims, and proposes experience or training in employment related changes to other NASD rules. is defined to mean 50% or more of the law. In addition, NASD Regulation arbitrator’s business or professional These rule changes deal with the currently offers employment law qualifications of arbitrators hearing activities within the last five years. training to arbitrators; such training is NASD Regulation believes that it is claims of employment discrimination; conducted by attorneys experienced in the number of arbitrators to hear such important to the credibility of the forum the field of employment law. In for the single arbitrator or chair not only claims; special rules for discovery, accordance with the Protocol awards, and attorneys’ fees; to be neutral, but to avoid even the provisions, however, NASD Regulation appearance of bias toward either coordination of claims filed in court and proposes the use of a more specialized arbitration; and disclosure to associated employees or employers. roster of available arbitrators for intra- Rule 10211(c) provides that parties persons of the effects of the arbitration industry cases in which statutory may agree, after a dispute arises, to clause found in the Forum U–4. These discrimination is alleged. In its waive any of the special qualifications proposed changes are described in discretion, and depending in part on the contained in either paragraph (a) or detail below. number of statutory employment paragraph (b). Such a waiver is not valid Description of Proposed discrimination claims filed in its forum, if it is contained in a predispute Amendments. The proposed Rule 10210 NASD Regulation may choose to create arbitration agreement. Series contains certain special rules its own specialized employment roster Composition of Panels. The current applicable to statutory employment or may work with other dispute arbitration panel composition for discrimination claims. These rules resolution providers to utilize their statutory discrimination claims and supplement and, in some instances, rosters of qualified employment certain other employment claims is supersede the provisions of the Code arbitrators. identical to the panel used for customer that currently apply to the arbitration of Proposed Rule 10211(a) provides that disputes and consists of either one employment disputes. The proposed only arbitrators classified as public public (non-industry) arbitrator for special rules do not attempt to set forth (non-industry) arbitrators will be single arbitrator cases, or two public all procedures applicable to the selected to consider disputes involving arbitrators and one non-public arbitration of statutory employment a claim of employment discrimination, (industry) arbitrator for three arbitrator discrimination claims, but only those including a sexual harassment claim, in cases. An all-industry panel is used procedures that relate specifically to violation of a statute. Proposed Rule solely for employment disputes that such claims and may be different from 10211(a) incorporates by reference the relate exclusively to claims involving procedures that apply to other intra- definition of ‘‘public arbitrator’’ in the employment contracts, promissory notes industry claims. newly revised list selection rule, Rule or receipt of commissions. Qualifications for Neutrals Who Hear 10308, which applies both to customer As described above, NASD Regulation Employment Discrimination Cases. disputes and to intra-industry disputes proposes to change this practice so that, With regard to membership on the roster except where superseded by more for cases involving claims of of arbitrators qualified to hear claims of specific industry arbitration rules. The employment discrimination, whether or employment discrimination, the definition of ‘‘public arbitrator’’ in Rule not other issues are also involved, all Protocol provides as follows: 10308 excludes not only securities arbitrators must be classified as public. industry employees and their immediate Therefore, proposed Rule 10212(a) Mediators and arbitrators selected for such family members, but also attorneys, provides for a special panel composition cases should have skill in the conduct of accountants, and other professionals of all public arbitrators to hear claims of hearings, knowledge of the statutory issues at who have devoted 20% or more of their statutory employment discrimination. stake in the dispute, and familiarity with the professional work in the last two years workplace and employment environment. Rule 10212 provides, however, that The roster of available mediators and to clients who are engaged in the parties may agree to a different panel arbitrators should be established on a non- securities business (as described in Rule composition in a particular case. discriminatory basis, diverse by gender, 10308). Use of the same definition of Proposed Rule 10212(b) provides a ethnicity, background, experience, etc. to public arbitrators throughout the Code higher threshold for single arbitrator satisfy the parties that their interest and provides for more efficient cases than is found elsewhere in the

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Code: a single arbitrator will hear claims hearing conference or by appointment of proposed rule 10215 is to allow the of $100,000 or less. This higher a selected arbitrator. NASD Regulation award of attorney’s fees if applicable threshold reduces the hearing costs for has incorporated the proposed law permits such an award. the parties and results in more efficient discovery provision relating to Awards. The Protocol provides as allocation of qualified employment depositions in proposed Rule 10313. follows with regard to awards and the arbitrators. Proposed Rule 10212(c) Attorney’s Fees. The Protocol authority of the arbitrator: provides that the claims for more than provides as follows: The arbitrator should be bound by $100,000 will be assigned to a three- The amount and method of payment for applicable agreements, statutes, regulations person panel unless the parties agree to representation should be determined and rules of procedure of the designating have their case determined by a single between the claimant and the representative. agency, including the authority to determine arbitrator. NASD Regulation also We recommend, however, a number of the time and place of the hearing, permit proposes a conforming amendment to existing systems which provide employer reasonable discovery, issue subpoenas, Rule 10202, the general intra-industry reimbursement of at least a portion of the decide arbitrability issues, preserve order and panel composition rule, to include a employee’s attorney fees, especially for lower privacy in the hearings, rule on evidentiary paid employees. The arbitrator should have matters, determine the close of the hearing reference to the above special panel the authority to provide for fee and procedures for post-hearing submissions, composition rule. reimbursement, in whole or in part, as part and issue an award resolving the submitted Discovery. The Protocol provides as of the remedy in accordance with applicable dispute. follows with respect to discovery: law or in the interests of justice. The arbitrator should be empowered to One of the advantages of arbitration is that Although the Code of Arbitration award whatever relief would be available in there is usually less time and money spent court under the law. The arbitrator should Procedure is silent with respect to issue an opinion and award setting forth a in pre-trial discovery. Adequate but limited attorneys’ fees, such fees may be pre-trial discovery is to be encouraged and summary of the issues, including the type(s) employees should have access to all awarded under current practice. of dispute(s), the damages and/or other relief information reasonably relevant to mediation Normally, parties will brief the requested and awarded, a statement of any and/or arbitration of their claims. The arbitrators on applicable law providing other issues resolved, and a statement employees’ representative should also have for the award of attorneys’ fees in their regarding the disposition of any statutory reasonable pre-hearing and hearing access to cases. In view of provisions in the claim(s). all such information and documentation. federal civil rights laws that specifically NASD Regulation proposes that the Necessary pre-hearing depositions provide for the award of attorneys’ fee, Protocol language be adopted with one consistent with the expedited nature of NASD Regulation proposes that the language change described below. The arbitration should be available. Protocol provision be adopted as Code already provides arbitrators with NASD Regulation has determined to amended below (additions in italics; authority similar to the Protocol adopt the Protocol provision on deletions in brackets): provisions, although it does not discovery. Although the Protocol The arbitrator should have the authority to specifically require a statement focuses on the employee’s access to provide for reasonable attorneys’ fee regarding the disposition of any information, there also could be reimbursement, in whole or in part, as part statutory claims. In order to add the situations in which the employee has of the remedy in accordance with applicable requirement for a statement regarding documents that the employer requires to law [or in the interests of justice]. the disposition of any statutory claims, prepare its case, such as records of the Proposed Rule 10215 incorporates the and to have all related provisions in the employee’s outside business activities amended provision. It provides that the same Rule Series, NASD Regulation has or prior employment. Therefore, NASD arbitrator has authority to provide for drafted proposed Rule 10214. Proposed Regulation believes the term reasonable attorney’s fee Rule 10214 provides that arbitrators will ‘‘employees’’ in the quoted provision reimbursement, in whole or in part, as be empowered to award any relief that should be interpreted to include all part of the remedy in accordance with would be available in court under the parties to the employment dispute. In applicable law. This accords with Title law, and sets forth the information that any event, the NASD’s current rule on VII of the Civil Rights Act of 1964, must be contained in the arbitrator’s pre-hearing procedures, including which authorizes a court, in its award. Such information includes a discovery, Rule 10321, already meets discretion, to allow the prevailing party summary of the issues, including the the Protocol standard regarding access ‘‘a reasonable attorney’s fee’’ as part of types of disputes, the damages or other to information and is not proposed to be the costs.5 NASD Regulation believes relief requested and awarded, a amended at this time. Rule 10321 is that the language of proposed rule statement of any other issues resolved, cross-referenced in proposed Rule 10215 is more precise if the Protocol and a statement regarding the 10213(b) to make clear that its phrase ‘‘or in the interests of justice’’ is disposition of any statutory claims. provisions apply to employment omitted, as that phrase may mislead NASD Regulation has not used the discrimination disputes. parties into thinking that no statutory Protocol’s phase ‘‘opinion and award’’ On the issue of depositions in basis is necessary for the award of in proposed Rule 10214, but instead has employment discrimination cases, attorneys fees.6 Rather, the intent of used only the term ‘‘award,’’ which is NASD Regulation proposes that the consistent with terminology used Protocol should be the standard for 5 42 U.S.C. 2000e–5(k) (1998). elsewhere in the Code. This avoids depositions. NASD Regulation proposes 6 A guide for arbitrators drafted by the Securities confusion that might result from use of that, in considering the need for Industry Conference on Arbitration (SICA) provides the term ‘‘opinion,’’ which could depositions, arbitrators should consider as follows: ‘‘Generally, parties to an arbitration are responsible for their personal costs associated with mislead parties into expecting a judicial the relevancy of the information sought bringing or defending an arbitration action. type of decision, rather than the from the persons to be deposed and the Exceptions to the rule do exist. Parties should be customary type of arbitration award that issues of time and expense. Such prepared to argue the statutory or contractual basis contains the specific elements listed in considerations are already provided for that permits an award of attorneys’ fees. The arbitrators should consider referring to the authority the proposed rule, but not a detailed in Rule 10321, paragraphs (d) and (e), relied upon if attorneys’ fees are awarded.’’ The which set forth procedures for deciding Arbitrator’s Manual (October 1996). SICA is a group organizations that provide arbitration forums; unresolved issues either at the pre- composed of representatives of the self-regulatory public investors; and the securities industry.

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30086 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices explanation. Under current NASD and members, delay the resolution of to motivate parties to discuss their Regulation practice, however, parties claims, and cause scheduling and options and consider consolidating all may request that the arbitrators provide discovery disputes.10 Therefore, NASD claims in one forum before further reasons for their decision, and the Regulation proposes adoption of a new expenses are incurred by either party. arbitrators have discretion to grant or rule on coordination of claims that may Paragraph (a)(2)(A) provides that if a deny the request.7 be filed in court and those that are party has a pending claim in arbitration Other Protocol Provisions. NASD normally required to be arbitrated under against an associated person who Regulation believes that the other NASD rules. thereafter asserts as related statutory applicable provisions of the Protocol are Proposed Rule 10216 would provide employment discrimination claim in already addressed sufficiently in that, if the parties agree to resolve all court against the party, that party has existing Rules within the Code of related matters in court, then the matter the option to assert all arbitration claims Arbitration Procedure. For example, need not be submitted to arbitration. and counterclaims in court. This is NASD Regulation already gives parties Moreover, if a discrimination claim is intended to cover the situation in which the right to representation by counsel filed in court and related claims subject an arbitration claim was filed before the and refers claimants to state and local to mandatory arbitration are filed in statutory discrimination claim was filed bar associations for legal referrals in arbitration, a respondent in the in court. For purposes of paragraph several major cities; parties receive arbitration would have the option to (a)(2), the term ‘‘party’’ means a member information on arbitration awards move to combine all claims in court. As or a current or former associated person issued by arbitrators who may hear their described more fully below, the rule of a member. Paragraph (a)(2)(B) cases; arbitrators are required to disclose provides several other opportunities for provides notice and time requirements possible conflicts of interest; arbitrators a party to move to compel that a claim for the exercise of the option similar to have the authority to make necessary be consolidated with other claims in those in paragraph (a)(1)(B), described rulings and to allocate fees among the court. Any claims not accepted by the above. Paragraph (a)(2)(C) provides that parties; and recent rule changes court under any of these methods, a party may not exercise this option approved by the Commission 8 provide however, would continue to be after the first hearing has begun on the a list selection method for both arbitrable. arbitration claim. This is intended to customer and intra-industry arbitration The proposed rule would include a avoid disruption to the arbitration proceedings that meets the Protocol pre-filing procedure in which the proceeding when it is farther along in standard. claimant may certify to the Director of the process. Coordination of Claims Filed in Court Arbitration that he or she Paragraph (b) of proposed Rule 10216 and in Arbitration. Several individuals communicated with the respondent provides that the time for consolidating who commented on the recent rule about the possibility of filing all claims claims in court is extended if the change to allow statutory discrimination in court initially, in order to save the claimant files an amended statement of claims to be filed in court predicted that expense of arbitration fees and claim adding new claims not asserted in the change could lead to splitting or attorneys’ fees to draft arbitration claim the original statement of claim. In that bifurcation of cases: the discrimination papers. If the respondent does not agree case, a respondent has an opportunity to claims would proceed in court, while to consolidate all claims in court, and move to compel the claimant to assert other employment claims that are an arbitration claim is then filed, all related claims in the same court subject to mandatory arbitration would proposed Rule 10216 provides several proceeding, even if those claims were proceed in arbitration. As the methods for coordinating claims filed in asserted in the original statement of Commission noted in its approval order court and in arbitration. claim. As above, the respondent wishing for that rule change, some commenters Paragraph (a)(1)(A) deals with the to exercise this option must notify the argued that such bifurcation could situation in which an associated person claimant in writing before filing an result in the separation of claims that files a statutory discrimination claim in answer to the amended statement of are often joined together and based on court and files related claims in claim or be deemed to have waived the the same alleged facts.9 Some arbitration against some or all of the right to do so, and must file a copy of commenters believed bifurcation of same parties. In that case, any such notification with the Director. statutory and common law claims could respondent who is named in both Paragraph (c) of proposed Rule 10216 create a financial burden on employees proceedings may move to compel the provides that if a party elects to require associated person to bring the related a current or former associated person to 7 A booklet prepared by SICA and provided to all arbitration claims in the same court assert all related claims in court, the claimants explains this industry-wide practice as proceeding, to the full extent to which party also must asserts in the same court follows: ‘‘Arbitrators are not required to write the court will accept jurisdiction over proceeding all related claims the party opinions or provide reasons for the award. A party, however, may request an opinion. This request those claims. As noted above, any has against the associated person, to the should be made no later than the hearing date.’’ claims not accepted by the court would full extent to which the court will Arbitration Procedures (October 1996) (also remain in arbitration. accept jurisdiction over the related available via the Internet under the title, Arbitration Paragraph (a)(1)(B) requires the claims. Procedures for Investors, on the Arbitration page at www.nasdr.com). In a 1989 Order approving respondent that wishes to exercise this Paragraph (d) of proposed Rule 10216 arbitration rule changes by several self-regulatory option to notify the claimant in writing, provides that a respondent named in organizations, the Commission decided not to before the time to answer under Rule both court and arbitration proceedings require written opinions in awards, but express the 10314 has expired, that it is exercising may choose to remain in arbitration, view that arbitrators could voluntarily prepare written opinions. See Securities Exchange Act Rel. this option and to file a copy of such even if another respondent has No. 26805 (May 10, 1989), 54 FR 21144 (May 16, notification with the Director of exercised its option to consolidate the 1989). Arbitration, or be deemed to have proceedings against it in court. Any 8 See Securities Exchange Act Rel. Nos. 40555 waived its right to exercise the option, remaining party may seek a stay of the (October 14, 1998), 63 FR 56670 (October 22, 1998) except as provided in paragraph (b), arbitration proceeding, and the and 40556 (October 14, 1998), 63 FR 56957 (October 23, 1998). described below. This notice is intended proceeding will be stayed unless the 9 See Securities Exchange Act Rel. Nos. 40109 arbitration panel determines that the (June 22, 1998), 63 FR 35299 (June 29, 1998). 10 Id. stay will result in substantial prejudice

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Nevertheless, a party may object to statement of current practice and is arbitration clause, and indicates in the stay and have the matter considered intended to apply where the defending which Item of the Form U–4 the clause by an arbitrator. party has not exercised an option under is located.11 The disclosure language If no panel has been appointed yet, other provisions of proposed Rule 10216 then advises the associated person to the Director will appoint a single to combine all claims in court. read the predispute arbitration clause. arbitrator to consider the application for Paragraph (g) of proposed rule 10216 Subparagraph (1) of proposed Rule a stay, using the Neutral List Selection provides that, for purposes of Rule 3080 paraphrases the arbitration clause System to select the arbitrator. That 10216, the term ‘‘related claim’’ means in the Form U–4 and then provides arbitrator is not required to have the any claim that arises out of the disclosure that the associated person is special employment arbitrator employment or termination of giving up the right to sue in court, qualifications described in Rule 10211, employment of an associated person except as provided by the rules of the since there would be no statutory and the term ‘‘statutory discrimination arbitration forum in which a claim may employment discrimination claims in claim’’ means a claim alleging be filed. Subparagraph (2) incorporates arbitration at this point; rather, the employment discrimination, including a the language of Rule 1021 regarding an provisions of Rule 10202 would sexual harassment claim, in violation of exception to the arbitration requirement determine whether the single arbitrator a statute. for claims of statutory employment should be an industry arbitrator or a In conjunction with the proposed discrimination. Subparagraph (2) also public arbitrator. This means that if the bifurcation rule, a change is proposed to indicates that the rules of other claims that are the subject of the Rule 10201 to add a reference to arbitration forums may be different. arbitration proceeding ‘‘relate proposed Rule 10216. This exception is Subparagraphs (3) through (7) track the exclusively to disputes involving necessary because, under Rule 10216, language of the proposed amendments employment contracts, promissory notes some claims that might otherwise be to Rule 3110(f)(1), which sets forth or receipt of commissions,’’ as provided required to be arbitrated may be brought similar disclosures to customers. Those in the first sentence of Rule 10202(a), in court, at the respondent’s option. subparagraphs inform the associated Disclosure Issues. NASD Regulation then the single arbitrator would be an person that arbitration awards are proposes adoption of a model disclosure industry arbitrator. In ‘‘all other generally final and binding, that statement that would be given to disputes arising out of the employment discovery is generally more limited in persons who are signing the Form U–4 or termination of employment of an arbitration than in court, that arbitrators to apply for registration. This disclosure associated person,’’ as provided in the do not have to explain the reasons for second sentence of rule 10202(a), a statement would explain the nature and effect of the arbitration clause contained their awards, that the panel of public arbitrator would be appointed. arbitrators may include either public or The single public arbitrator may later in the Form U–4. It would not address 12 any private arbitration agreement that industry (non-public) arbitrators, and appear on a list of arbitrators to be that the rules of some arbitration forums chosen for any hearing on the merits in the applicant might enter into with the may impose time limits for bringing a the same arbitration. member firm. Rather, the firm would be claim in arbitration. Paragraph (e) of proposed rule 10216 responsible for either making proper provides a procedure for certifying that disclosure to its employees about its 2. Statutory Basis the claimant has communicated private arbitration agreement, or risking The Association believes that the unsuccessfully with the respondent(s) an adverse decision in later litigation proposed rule change is consistent with concerning the consolidation of all concerning any inadequacy in the the provisions of Section 15A(b)(6) of claims in court prior to filing a disclosure. the Act, which require that the rules of Statement of Claim, in an effort to save Proposed Rule 3080, entitled an association be designed to prevent the expense of arbitration fees, rather ‘‘Disclosure to Associated Persons When fraudulent and manipulative acts and than filing the statutory discrimination Signing a Form U–4,’’ was modeled on practices, to promote just and equitable claims in court and the other claims in the disclosure given to customs when principles of trade and, in general, to arbitration. If such a certification has signing predispute arbitration been filed, and all the respondents later agreements with member firms, as protect investors and the public interest. exercise the option to consolidate all contained in current Rule 3110(f) and The Association believes that the claims in court, the Director will return proposed amendments thereto proposed rule change will protect the the claimant’s filing fee and any hearing contained in File No. SR–NASD–98–74. public interest by improving the session deposits for hearings that have Because the proposed rule relates to arbitration process for claims of not been held, but will retain the associated persons, it has been placed in statutory employment discrimination, member surcharge and any accrued the portion of the Rules that deal with and result in increased satisfaction with member process fees to cover the cost of the responsibilities of members relating that process by both associated persons docketing and otherwise processing the to associated persons, employees and and members. claim. If there are remaining others’ employees. The introductory 11 respondents, however, the filing fee and language of the proposed rule requires The member will be responsible for updating this item number on new disclosure statements if any hearing deposits will be adjusted to members to provide each associated it changes in later versions of the Form U–4. correspond to the claims against the person, whenever the associated person 12 The language of subparagraph (6) differs remaining respondents. is asked to sign a new or amended Form slightly from that of proposed Rule 3110(f)(1)(E) Paragraph (f) of proposed rule 10216 U–4, with certain specified disclosure because, following adoption of the present proposed rule change, the panel composition for clarifies that, if an associated person language. This means that the disclosure statutory employment discrimination claims will files a claim in court that includes may be given by the same member to the differ from the panel composition for customer matters that are subject to mandatory same associated person on more than claims.

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B. Self-Regulatory Organization’s claimants because they are unable to SECURITIES AND EXCHANGE Statement on Burden on Competition determine the forum in which they will COMMISSION The Association does not believe that assert claims related to their stautory the proposed rule change will impose employment discrimination claims, or [Release No. 34±41459; File No. SR±NYSE± any burden on competition that is not does the ability to bring their dominant, 99±17] necessary or appropriate in furtherance statutory employment discrimination of the purposes of the Act. claims in court provide for the Self-Regulatory Organizations; Notice appropriate balance? of Filing and Order Granting Partial C. Self-Regulatory Organization’s Accelerated Approval of Proposed Statement on Comments on the (4) Does the presumption in favor of Proposed Rule Change Received from a stay of proceedings for those parties Rule Change and Amendment No. 1 Members, Participation, or Others who remain in arbitration while other Thereto by the New York Stock claims are being litigated unduly Exchange, Inc., Relating to Original Written comments were neither Listing Standards solicited nor received. infringe on the parties bargain to arbitrate? III. Date of Effectiveness of the May 27, 1999. The Commission welcomes Proposed Rule Change and Timing for Pursuant to section 19(b)(1) of the suggestions as to how objectionable Commission Action Securities Exchange Act of 1934 procedures could be changed without (‘‘Act’’),1 and rule 19b–4 thereunder,2 Within 35 days of the publication of imposing undue litigation costs in either notice is hereby given that on April 22, this notice in the Federal Register or party to a dispute. within such longer period (i) as the 1999, the New York Stock Exchange, Commission may designate up to 90 Persons making written submissions Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with days of such date if it finds such longer should file six copies thereof with the the Securities and Exchange period to be appropriate and publishes Secretary, Securities and Exchange Commission (‘‘Commission’’) the its reasons for so finding or (ii) as to Commission, 450 Fifth Street, N.W., proposed rule change relating to the which the NASD consents, the Washington, D.C. 20549–0609. Copies of exchange’s original listing standards. Commission will: the submission, all subsequent The Exchange submitted Amendment (A) by order approve the proposed amendments, all written statements No. 1 to its proposal on May 19, 1999.3 rule change, or with respect to the proposed rule The proposed rule change, as amended, (B) institute proceedings to determine change that are filed with the is described in Items I, II, and III below, whether the proposed rule change Commission, and all written which Items have been prepared by the should be disapproved. communications relating to the exchange. The Commission is IV. Solicitation of Comments proposed rule change between the publishing this notice to solicit Interested persons are invited to Commission and any person, other than comments on the proposed rule change, submit written data, views, and those that may be withheld from the as amended, from interested persons arguments concerning the foregoing, public in accordance with the and to grant partial accelerated approval including whether the proposal is provisions of 5 U.S.C. 552, will be to the portion of the proposal instituting consistent with the Act. In particular, available for inspection and copying at a Pilot relating to the listing eligibility the Commission solicits comments on the Commission’s Public Reference criteria for companies satisfying the the following issues: Room. Copies of such filing will also be Capitalization Standard. The Pilot will Proposed Rule 10216 provides available for inspection and copying at expire on September 3, 1999, or at such procedures for administering disputes the principal office of the NASD. All earlier time as the Commission grants that involve both statutory employment submissions should refer to File No. the Exchange’s request for permanent discrimination claims that are filed in SR–NASD–99–08 and should be approval of the program. court and other claims that are filed at submitted by June 25, 1999. the NASD Regulation’s arbitration For the Commission, by the Division of forum. Cases affected by proposed Rule Market Regulation, pursuant to delegated 1 10216 would generally involve firms 15 U.S.C. 78s(b)(1). authority.13 2 17 CFR 240.19b–4. that have not entered into agreements Margaret H. McFarland, 3 In amendment No. 1, the Exchange (i) requested with their employees to arbitrate that the Commission approve on an accelerated statutory employment discrimination Deputy Secretary. basis a 90-day pilot program (‘‘Pilot’’) for the claims. [FR Doc. 99–14210 Filed 6–3–99; 8:45 am] portion of the proposal adding a new original listing (1) The proposed rule permits standard applicable to both domestic and non-U.S. BILLING CODE 8010±01±M companies with a $1 billion market capitalization respondents to choose when to bifurcate and $250 million in revenues in the most recent claims in these disputes. Does this strike fiscal year (‘‘Capitalization Standard’’), (ii) clarified a fair balance? that companies satisfying the Capitalization (2) Is this aspect of the proposal Standard are subject to the Exchange’s other original listing criteria (other than the financial (permitting respondents to choose when criteria), (iii) revised the text of the proposed rule to bifurcate claims) necessary to language to show changes against the current Listed encourage firms to give their employees Company Manual (‘‘Manual’’) rather than the the option of bringing statutory language proposed for adoption in the pending filing, (iv) incorporated procedures for employment discrimination claims in reconciliation with U.S. GAAP in the third year in court? Without this provision, would the Exchange’s proposed rule language and (v) firms be more likely to require removed the cash flow standard from the text of the employees to sign predispute arbitration proposed rule language. See Letter from James Buck, Senior Vice President and Secretary, NYSE, clauses governing these claims? to Richard Strasser, Assistant Director, Division of (3) Does the proposal place an Market Regulation (‘‘Division’’), Commission, dated unreasonable burden on individual 13 17 CFR 200.30–3(a)(12). May 18, 1999 (‘‘Amendment No. 1‘‘).

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I. Self-Regulatory Organization’s 103.01 Alternative Minimum A. Self-Regulatory Organization’s Statement of the Terms of Substance of Numerical Standards [—] for Non-U.S. Statement of the Purpose of, and the Proposed Rule Change Companies—Equity Listings Statutory Basis for, the Proposed Rule Change The Exchange proposes to implement * * * * * a Pilot amendment sections 102.01 and Pre-tax income 1. Purpose 103.01 of the Manual to implement an $100 million cumulative for latest 3 The purpose of this proposed rule alternative listing eligibility criteria for years 6 with $25 million minimum change is to add a new original listing companies satisfying the Capitalization in each of the most recent two [for standard to the Exchange’s domestic 4 Standard. The proposed Pilot would any one of the 3] years. and non-U.S. numerical listing criteria and to modify its current original listing expire on September 3, 1999, or such Reconciliation to U.S. GAAP of the criteria applicable to non-U.S. issuers. earlier time as the Commission grants third year back would only be The Exchange’s numerical listing the Exchange’s request for permanent required if the Exchange determines 5 criteria currently include requirements approval of the program. In addition, that reconciliation is necessary to the Exchange proposes to modify its regarding size, earnings and share demonstrate that the aggregate distribution of a company. The pre-tax earnings standard applicable to $100,000 threshold is satisfied. non-U.S. issuers. The text of the Exchange believes there are numerous proposed rule change follows. New text OR companies that would benefit from trading in its auction-agency market, but is italicized and deleted text is For companies with not less than $1 which are excluded under the NYSE’s bracketed. billion in total worldwide market current evaluative criteria. Therefore, NYSE Listed Company Manual capitalization and with not less than the Exchange is proposing to add a new $250 million revenues in the most alternative standard that focuses on Section 1 recent fiscal year, there are no global market capitalization and The Listing Process additional financial requirements. For revenues for large, global companies. In addition, the Exchange believes * * * * * such companies listing in connection with an IPO, the market capitalization that both its current numerical original 102.01 Minimum Numerical valuation must be demonstrated by a listing criteria and its current continued Standards written representation from the listing criteria place too much emphasis on a company’s earnings to the —Domestic Companies underwriter (or, in the case of a spin-off, by a written representation from the exclusion of other relevant factors. The —Equity Listing parent company’s investment banker, Exchange believes that the size and trading price of the company, the depth other financial advisor, or transfer * * * * * of its shareholder base and the size of agent) of the total market capitalization For companies with not less than the company’s stockholders’ equity are $500,000,000 market capitalization and of the company upon completion of the also important gauges when evaluating $200,000,000 revenues in the most offering (or distribution). For all other both the original and continued listing recent fiscal year: such companies, the market status of a company.7 capitalization valuation will be * * * * * The specific proposed amendments to determined over a six-month average. the Exchange’s original listing criteria OR II. Self-Regulatory Organization’s are: Statement of the Purpose of, and 1. The Exchange is proposing, on a For companies with not less than $1 90-day Pilot basis pending Commission billion in total worldwide market Statutory Basis for, the Proposed Rule Change approval on a permanent basis, a capitalization and with not less than Capitalization Standard alternative to its $250 million revenues in the most In its filing with the Commission, the other financial listing eligibility recent fiscal year, there are no Exchange included statements criteria.8 Under the proposed additional financial requirements. For concerning the purpose of, and basis for, amendment to Paragraphs 102.01 and such companies listing in connection the proposed rule change and discussed 103.01 of the NYSE’s Manual, a with an IPO, the market capitalization any comments it received on the company with a total global market valuation must be demonstrated by a proposed rule change. The text of these capitalization of $1 billion and revenues written representation from the statements may be examined at the of $250 million in its most recent fiscal underwriter (or, in the case of a spin-off, places specified in Item IV below. The year would be eligible for listing on the Exchange without satisfying any by a written representation from the Exchange has prepared summaries, set additional financial eligibility parent company’s investment banker or forth in Sections A, B, and C below, of requirements. However, the company other financial advisor) of the total the most significant aspects of such would have to meet the Exchange’s market capitalization of the company statements. upon completion of the offering (or other original listing criteria.9 The distribution). For all other such Exchange believes that companies of companies, the market capitalization this magnitude would be appropriate for valuation will be determined over a six- listing and trading on the NYSE even if, month average. 6 Prior to the Commission’s grant of permanent for example, the company’s stage of approval of the Pilot, the NYSE plans to modify its development, or the transitional nature * * * * * pre-tax income standard to insert the word ‘‘fiscal’’ into its reference to three years and two years, 7 The Exchange intends to file in the near future 4 See Amendment No. 1, supra note 3. respectively. Telephone conversation between N. a proposed rule change with the Commission to 5 Telephone conversation between N. Amy Amy Bilbija, Counsel, NYSE, and Richard Strasser, address its continued listing criteria. Bilbija, Counsel, NYSE, and Terri Evans, Attorney, Assistant Director, Division, Commission, on May 8 See Amendment No. 1, supra note 3. Division, Commission, on May 19, 1999. 27, 1999. 9 Id.

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Statutory Basis U.S. companies. seeking comment on whether the For companies listing in connection The Exchange believes that the basis Exchange should be required to list only with an initial public offering (‘‘IPO’’), under the Act for the proposed rule those companies that can show positive the valuation of the company’s market change is the requirement under section earnings in recent years capitalization would need to be 6(b)(5) 11 that an exchange have rules notwithstanding their market demonstrated by a written that are designed to prevent fraudulent capitalization or revenues. representation from the underwriter (or, and manipulative acts and practices, to Copies of the submission, all in the case of a spin-off, by the parent promote just and equitable principles of subsequent amendments, all written company’s investment banker, other trade, to foster cooperation and statements with respect to the proposed financial advisor, or transfer agent, if coordination with persons engaged in rule change that are filed with the applicable) of the size of the offering as regulating, clearing, settling, processing Commission, and all written it pertains to the total market information with respect to, and communications relating to the capitalization of the company upon facilitating transactions in securities, to proposed rule change between the completion of the offering (or remove impediments to and perfect the Commission and any person, other than distribution). For all other companies, mechanism of a free and open market those that may be withheld from the the average over the preceding six and a national market system, and, in public in accordance with the months would be used to determine the general, to protect investors and the provisions of 5 U.S.C. 552, will be market capitalization of the company. In public interest. available for inspection and copying in computing the six month average, the the Commission’s Public Reference Exchange proposes to take the average B. Self-Regulatory Organization’s Room in Washington, DC. Copies of of the daily figures over the preceding Statement on Burden on Competition such filing will also be available for six months. The Exchange does not believe that inspection and copying at the principal 2. The Exchange currently has the proposed rule change will impose office of the Exchange. All submissions alternative numerical listing criteria for any burden on competition that is not should refer to File No. SRNYSE9917 non-U.S. companies with limited U.S. necessary or appropriate in furtherance and should be submitted by June 25, distribution.10 The Exchange proposes of the purposes of the Act. 1999. to amend its pre-tax earnings standard for these companies by requiring $25 C. Self-Regulatory Organization’s V. Commission’s Findings and Order million in pre-tax income in each of the Statement on Comments on the Granting Partial Accelerated Approval two most recent fiscal years. Currently, Proposed Rule Change Received from of Proposed Rule Change the company need only have pre-tax Members, Participants, or Others The Commission finds that the earnings of $25 million in any one of the The Exchange has neither solicited proposed rule change relating to the three most recent years. Thus, to qualify nor received any written comments establishment of the Pilot is consistent under the proposed criteria, a non-U.S. form members or other interested with the requirements of the Act and the issuer would need to demonstrate pre- parties. rules and regulations thereunder tax income of $100 million in the applicable to a national securities aggregate for the last three fiscal years II. Date of Effectiveness of the Proposed exchange. Specifically, the Commission together with a minimum of $25 million Rule Change and Timing for believes the proposal is consistent with of pre-tax income in each of the two Commission Action the section 6(b)(5) 12 requirements that most recent fiscal years. Within 35 days of the date of the rules of an exchange be designed to The Exchange notes that its past publication of this notice in the Federal promote just and equitable principles of experience indicates that non-U.S. Register or within such longer period (i) trade, to remove impediments to and companies tend to follow U.S. GAAP/ as the Commission may designate up to perfect the mechanisms of a free and SEC disclosure guidelines, which only 90 days of such date if it finds such open market and a national market require a U.S. GAAP reconciliation for longer period to be appropriate and system, and in general, to protect the most recent two years and any publishes its reasons for so finding or investors and the public.13 The relevant interim period. Thus, the third (ii) as to which the self-regulatory Commission believes that the year back is generally reported only in organization consents, the Commission Exchange’s alternative financial listing local GAAP and, therefore, is of little will: standard for companies with $1 billion quantitative value to the Exchange (a) by order approved such proposed in market capitalization and $250 without reconciliation to U.S. GAAP. As rule change, or million in revenues in the most recent a result, the proposed rule change (b) institute proceedings to determine fiscal year permits the Exchange to list would obviate the need to reconcile the whether the proposed rule change very large companies that the Exchange third year back to U.S. GAAP except should be disapproved. believes will prove to be successful where the Exchange determines that moving forward although they may not IV. Solicitation of Comments have been profitable in recent years. The 10 The Exchange applies the general financial Interested persons are invited to Commission further believes that the listing standards in Paragraph 102.01 of its Manual submit written data, views and proposed Pilot is consistent with the both to domestic companies and to non-U.S. Exchange’s obligation to remove companies that have the required distribution and arguments concerning the foregoing, trading volume in the United States (or North including whether the proposed rule impediments to and perfect the America, for North American companies). However, change, as amended, is consistent with the section and paragraph headings in the Manual the Act. Persons making written 12 15 U.S.C. 78f(b)(5). suggest that those standards apply only to U.S. 13 In approving this rule change, the Commission companies. The Exchange is proposing to change submissions should file six copies has considered the proposed rule’s impact on the non-U.S. heading to remove the implication by efficiency, competition, and capital formation, 15 incorporating the word ‘‘alternative.’’ 11 15 U.S.C. 78f(b)(5). U.S.C. 78c(f).

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30091 mechanism of a free and open market. proposed rule change (File No. SR– member for any supplementary exercise The Commission notes that there is no OCC–98–10) pursuant to section notice tendered after the start of critical guarantee that a company that satisfies 19(b)(1) of the Securities Exchange Act expiration processing. OCC’s board of the market capitalization and revenue of 1934 (‘‘Act’’).1 Notice of the proposal directors is authorized to remit any standard in the Pilot will achieve was published in the Federal Register filing fee, in whole or in part, if it finds positive earnings in the future. on March 2, 1999.2 No comment letters that the circumstances that caused the However, the Commission preliminarily were received. For the reasons member to submit the supplementary does not believe it is inconsistent with discussed below, the Commission is exercise notice were beyond the clearing the Act for the NYSE to permit approving the proposed rule change. member’s or its customer’s control or companies to list on the Exchange that I. Description that remission would be equitable under have not established positive earnings the circumstances. The rule change in recent years. Rule 805 governs the submission of further modifies rule 805 so that the The Commission finds good cause for expiration date exercise instructions. unexcused tender of a supplementary approving the Pilot prior to the thirtieth The rule states that if a clearing member exercise notice may be deemed (as day after the date of publication of tenders an exercise notice in response to opposed to the current language of shall notice thereof in the Federal Register. an expiration exercise report after OCC’s be deemed) a violation of OCC’s The Commission believes that submission deadline (‘‘supplemental procedures and so that the required accelerated approval of the Pilot will exercise notice’’), the tender is in institution of disciplinary action is enable the Commission and the violation of OCC’s procedures. Rule 805 permissive (as opposed to being Exchange to gain experience with the further provides that the clearing mandatory). These changes also application of the Capitalization member shall be subject to disciplinary conform rule 805 to rule 801. Standard before the Commission procedures unless the exercise notice Finally, the rule change amends rule considers permanent approval of the was tendered for the account of a 805 to add a provision that requires that Pilot.14 Accordingly, the Commission customer and the clearing member was the tender of supplementary exercise believes that granting accelerated prevented from submitting timely notices be in accordance with the approval of the Pilot is appropriate and exercise instructions due to one of the procedures prescribed by OCC from consistent with sections 6(b)(5) and circumstances specified in the rule. time to time. Under the rule change, 19(b)(2) of the Act.15 Supplementary exercise notices failure to follow the procedures It is therefore ordered, pursuant to require special processing that is prescribed by OCC will result in the section 19(b)(2) of the Act,16 that the manual labor intensive. As a result of supplemental exercise notice being portion of the proposed rule change OCC’s ongoing review of the deemed null and void. This requirement (File No. SR–NYSE–99–17) relating to effectiveness of its rules and procedures is intended to ensure that among other the Pilot program is approved until relating to expiration date exercise things supplemental exercise notices are September 3, 1999, or until the processing, OCC is amending its received by the appropriate OCC Commission grants permanent approval expiration date exercise procedures to personnel who can act on them in a to the proposal. impose filing fees for expiration date exercise notices that are tendered after timely fashion in order to prevent For the Commission, by the Division of OCC’s prescribed deadlines. The rule undue delays in providing assignment Market Regulation, pursuant to delegated information to clearing members. authority.17 change modifies Rule 805 so that OCC’s treatment of supplementary exercise Margaret H. McFarland, II. Discussion notices is more in line with its treatment Deputy Secretary. under Rule 801 of late exercise notices Section 17A(b)(3)(D) of the Act 3 [FR Doc. 99–14116 Filed 6–3–99; 8:45 am] that are submitted on other dates. requires that the rules of a clearing BILLING CODE 8010±01±M Rule 801 imposes a graduated agency provide for the equitable schedule of filing fees for any request to allocation of reasonable dues, fees, and file, revoke, or modify an exercise notice other charges among its participants. SECURITIES AND EXCHANGE after the applicable deadline. Rule 801 The Commission believes that the rule COMMISSION fees increase at specified times change is consistent with OCC’s [Release No. 34±41455; File No. SR±OCC± depending on when the filing is made obligations under Section 17A(b)(3)(D) 98±10] in relation to OCC’s nightly processing because supplementary exercise notices cycle. require special manual labor processing. Self-Regulatory Organizations; The The rule change institutes a similar The Commission believes that the fees Options Clearing Corporation; Order schedule of fees in rule 805 for the imposed by the proposed rule change Approving a Proposed Rule Change submission of supplementary exercise are reflective of the effort required by Regarding Supplementary Exercise notices. These fees also increase OCC to process the supplentary exercise Notices depending n when the request was notices and that it is appropriate to made in relation to the expiration May 26, 1999. allocate the expense of processing processing cycle. Under the rule change, supplementary notices to the clearing On September 10, 1998, The Options OCC will impose a filing fee of $2,000 Clearing Corporation (‘‘OCC’’) filed with member that submits such exercise per clearing member for any notices. the Securities and Exchange supplementary exercise notice tendered Commission (‘‘Commission’’) a after OCC’s filing deadline, but before III. Conclusion the start of OCC’s critical expiration 14 Approval of the 90-day Pilot period should not processing. OCC will charge a filing fee On the basis of the foregoing, the be interpreted as suggesting that the Commission is Commission finds that the proposed predisposed to approving the proposal on a of $10,000 per line item per clearing permanent basis. rule change is consistent with the 15 15 U.S.C. 78f(b)(5) and 78s(b)(2). 1 15 U.S.C. 78s(b)(1). requirements of the Act and in 16 15 U.S.C. 78s(b)(2). 2 Securities Exchange Act Release No. 41088 17 17 CFR 200.30–3(a)(12). (February 22, 1999), 64 FR 10172. 3 15 U.S.C. 78q–1(b)(3)(D).

VerDate 06-MAY-99 13:29 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 30092 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices particular with Section 17A of the Act 4 OCC clearing member, (2) meets the III. Conclusion and the rules and regulations applicable requirements as specified in On the basis of the foregoing, the thereunder. the applicable exchange rules, and (3) Commission finds that the proposed It is therefore ordered, pursuant to consents to having its exchange rule change is consistent with the section 19(b)(2) of the Act, that the transactions cleared and its positions requirements of the Act and in proposed rule change (File No. SR– carried in a JBO participant account. particular with section 17A of the Act 5 OCC–98–10) be and hereby is approved. OCC will treat JBO participants like and the rules and regulations For the Commission by the Division of market makers and specialists and will thereunder. Market Regulation, pursuant to delegated treat JBO participants’ accounts like It Is Therefore Ordered, pursuant to authority.5 market maker’s accounts and specialist’s Section 19(b)(2) of the Act, that the Margaret H. McFarland, accounts. For example, long positions in proposed rule change (File No. SR– Deputy Secretary. a JBO participant’ account will be OCC–99–05) be and hereby is approved. [FR Doc. 99–14114 Filed 6–3–99; 8:45 am] treated as unsegregated long positions. For the Commission by the Division of BILLING CODE 8010±01±M The exception to this treatment relates Market Regulation, pursuant to delegated to Chapter IV of OCC’s Rules, which authority.6 pertains to the submission of matched SECURITIES AND EXCHANGE Margaret H. McFarland, trade reports from exchanges to OCC. COMMISSION Deputy Secretary. OCC does not anticipate that its [FR Doc. 99–14115 Filed 6–3–99; 8:45 am] [Release No. 34±41456; File No. SR±OCC± participant exchanges will report JBO BILLING CODE 8010±01±M 99±05] transactions as market maker or specialist transactions for purposes of Self-Regulatory Organizations; The reporting matched trades. Accordingly, TENNESSEE VALLEY AUTHORITY Options Clearing Corporation; Order JBO participants will be not be included Approving a Proposed Rule Change within the term ‘‘market maker’’ or Shoreline Management Initiative (SMI), Regarding Joint Back Office ‘‘specialist’’ for the purposes of the rules Participants Reservoirs in Alabama, Georgia, in Chapter IV. Kentucky, Mississippi, North Carolina, May 26, 1999. In addition, the rule change amends Tennessee, and Virginia On March 3, 1999, The Options Article I, section 1 of OCC’s By-laws to Clearing Corporation (‘‘OCC’’) filed with add definitions for ‘‘JBO participant’’ AGENCY: Tennessee Valley Authority the Securities and Exchange and ‘‘JBO participants’ account’’ and (TVA). Commission (‘‘Commission’’) the amends the definition of ‘‘unsegregated ACTION: Issuance of record of decision. proposed rule change (File No. SR– long position’’ to include long positions SUMMARY: OCC–99–05) pursuant to section in JBO participants’ accounts. The rule This notice is provided in 19(b)(1) of the Securities Exchange Act change also amends Interpretation .03 to accordance with the Council on of 1934 (‘‘Act’’).1 Notice of the proposal Article V, section 1 of the By-laws, Environmental Quality’s regulations (40 was published in the Federal Register which provides that applicants for CFR parts 1500 to 1508) and TVA’s on April 23, 1999.2 No comment letters clearing membership must agree to seek procedures implementing the National were received. For the reasons approval from the membership/margin Environmental Policy Act. On April 21, discussed below, the Commission is committee to clear types of transactions 1999, the TVA Board of Directors approving the proposed rule change. for which approval was not initially decided to adopt the preferred alternative (Blended Alternative) I. Description sought in the membership application, by adding JBO participant transactions identified in its Final Environmental The rule change amends OCC’s rules to the list of transactions. Finally, the Impact Statement (EIS), Shoreline and by-laws to allow clearing members rule change amends Article VI, section Management Initiative: An Assessment to maintain joint back office accounts 3 of the By-laws to add a JBO of Residential Shoreline Development (‘‘JBO accounts’’) for the broker-dealers participants’ account to the list of Impacts in the Tennessee Valley. The with whom the clearing members have permissible accounts clearing members Board’s decision modified the Blended joint back office arrangements (‘‘JBO may maintain with OCC. Alternative by increasing the shoreline participants’’) in which long positions management zone (SMZ) from 25 to 50 can be used to offset short positions in II. Discussion feet. The Final EIS was made available options. to the public in November 1998. A Under the rule change, a broker-dealer Section 17A(b)(3)(F) of the Act 4 Notice of Availability of the Final EIS registered with the Commission is requires that the rules of a clearing was published in the Federal Register considered a JBO participant if it: (1) agency be designed to assure the on December 11, 1998. Under the Maintains a joint back office safeguarding of securities and funds Blended Alternative, TVA seeks to arrangement that satisfies the which are in its custody or control or for balance residential shoreline requirements of Regulation T 3 with an which it is responsible. The development, recreation use, and Commission believes that the rule resource conservation needs in a way 4 15 U.S.C. 78q–1. change is consistent with OCC’s that maintains the quality of life and 5 17 CFR 200.30–3(a)(12). obligations under section 17A(b)(3)(F) other important values provided by its 1 15 U.S.C. 78s(b)(1). because while it should result in OCC reservoir system. TVA has decided to 2 Securities Exchange Act Release No. 41298 collecting less margin for positions (April 16, 1999), 64 FR 20043. adopt a strategy of ‘‘maintaining and 3 Joint back office arrangements are authorized which will be carried in JBO accounts, gaining’’ public shoreline, continue to under Section 220.7 of Regulation T of the Board it has been designed to not impair allow docks and other alterations along of Governors of the Federal Reserve System and OCC’s protection against member shorelines now available for residential permit non-clearing broker-dealers to be deemed default. self-clearing for credit extension purposes if the non-clearing broker-dealer has an ownership 515 U.S.C. 78q–1. interest in the clearing firm. 4 15 U.S.C. 78q–1(b)(3)(F). 6 17 CFR 200.30–3(a)(12).

VerDate 06-MAY-99 18:13 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30093 access and establish uniform standards residential shoreline development along Only, residential shoreline alterations for these alterations, and ensure that TVA shorelines. In response to public would be subject to the same standards sensitive natural and cultural resources comments on the Draft EIS, TVA as with Alternative C1. However, TVA are conserved for future generations. developed a seventh alternative, would limit considerations of new FOR FURTHER INFORMATION CONTACT: designated the Blended Alternative applications to the 38 percent of the Harold M. Draper, NEPA Specialist, because it included features of several of shoreline where private access rights Environmental Management, Tennessee the previous alternatives. The currently exist. Valley Authority, 400 West Summit Hill alternatives were designed to vary in the Under Alternative D: Minimum Drive, WT 8C, Knoxville, Tennessee standards envisioned for residential Disturbance Along Open Shoreline 37902–1499; telephone (423) 632–6889 shoreline alterations. In addition, the Only, TVA would limit consideration of or e-mail [email protected]. alternatives varied in whether applications for residential shoreline additional shoreline could be opened alterations to the 38 percent of the SUPPLEMENTARY INFORMATION: for residential access. shoreline where access rights currently Residential shoreline development Under Alternative A: Limited TVA exist. In addition, a shoreline along TVA reservoirs continues to Role Along Open Shoreline and categorization system would be added increase. Currently, the amount of Additional Areas, there would be no to the reservoir land management plans residential shoreline development on predefined standards for facility design prepared for individual reservoirs. A individual TVA reservoirs ranges from or appearance, vegetation removal, or comprehensive set of shoreline none to 51 percent of the shoreline other shoreline alterations. TVA would, development standards would be length. Of the 11,000 miles of total however, review permit applications for implemented, including a minimal shoreline, 13 percent have been compliance with federal laws. access path, minimal vegetation clearing developed for residential uses. From Under Alternative B1: Existing within a 100-foot shoreline management 1988 to 1997, TVA approved almost Guidelines Along Open Shoreline and zone, and a low profile dock covering 19,000 applications for residential Additional Areas, TVA would continue less than 300 square feet of surface area. shoreline alterations, such as docks, approving docks and other shoreline Channel excavation would be piers, boathouses, retaining walls, and alterations using existing guidelines. prohibited. vegetation management. Residential These guidelines limit the amount and Under the Blended Alternative, TVA shoreline use requests substantially type of vegetation that can be removed, would adopt a shoreline management dominate all requests for other uses limit the size of boat dock construction policy that allows environmentally (e.g., commercial, industrial) combined. and riprap, and open additional responsible development of shorelands During this period, the number of shoreline for residential access on a where residential access rights exist and permits increased at a rate of six percent case-by-case basis. These guidelines do preserves public benefits along per year. If these trends and current not define parameters for channel shorelines where residential access shoreline management practices excavation and do not define a rights do not exist. In addition, TVA continue, TVA estimates that over half maximum land/water surface area per would encourage voluntary the shoreline could be developed within lot. This is the No Action alternative. conservation commitments across some the next 25 years. This level of shoreline Under Alternative B2: Existing areas with outstanding residential development could have unacceptable Guidelines Along Open Shoreline Only, access rights. Standards under the adverse impacts on shoreline and residential shoreline alterations would Blended Alternative would include a aquatic ecology, water quality, scenic be subject to the same standards as with 25-foot-deep shoreline vegetation beauty, and other valuable resources. Alternative B1. However, TVA would management (protection) zone with a TVA initiated the SMI project to review limit consideration of new applications 20-foot access/visual corridor, limited existing permitting practices and for residential shoreline alterations to vegetation disturbance outside of the establish a policy to better protect the 38 percent of the shoreline where SMZ, and boat channels with 150 cubic shoreline and aquatic resources, while private access rights currently exist. yards of dredging or less. For TVA allowing adjacent residents reasonable Under Alternative C1: Managed residential access shoreland further than access to the water. Development Along Open Shoreline and 25 feet from the reservoir, TVA would On May 27, 1994, TVA issued a Additional Areas, TVA would enhance only permit limited cutting of small Notice of Intent to prepare an EIS on land management plans that are trees and selective removal of certain alternatives for management of TVA prepared for each reservoir with a plants like poison ivy and invasive shoreline residential uses. Public shoreline inventory and categorization exotic plants such as honeysuckle. scoping meetings were held in 13 system and replace existing permitting Existing development and uses locations throughout the Tennessee guidelines with new standards. In these established prior to the implementation River Watershed in June and July of plans, TVA would identify additional date of the new alternative would be 1994. The Notice of Availability for the areas to make available for residential grandfathered. Also, waivers could be Draft EIS was published on June 28, access. The standards would maintain a requested by owners of property within 1996. TVA subsequently held 16 public 100-foot deep vegetative shoreline preexisting developments. meetings throughout the Tennessee management zone on TVA property and River Watershed and in nearby major define the maximum land/water surface Response to Comments on Final EIS cities (Nashville and Memphis) in July, area that could be disturbed per lot. Volume II of the Final EIS contains August, and September 1996 to receive Individual boat channels involving less summaries of and responses to the comments. Almost 10,000 written and than 150 cubic yards of dredging would comments TVA received during the oral comments were recorded. The be considered. It was estimated that up Draft EIS process. TVA received almost Notice of Availability for the Final EIS to 48 percent of the shoreline could be 9,500 separate comments. Although not was published on December 11, 1998. developed under this alternative. This required, TVA gave the public the was identified as TVA’s preferred opportunity to provide comments about Alternatives Considered alternative in the Draft EIS. the Final EIS and the Blended TVA initially considered six Under Alternative C2: Managed Alternative. To facilitate this, TVA held alternatives to respond to continuing Development Along Open Shoreline 15 public information sessions about the

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Final EIS and the Blended Alternative modified by the April 21, 1999, Board associated with it additional protective and met with and briefed numerous of Directors decision, apply to all TVA measures such as a lower dock profile, stakeholders including elected officials, reservoirs and become effective less vegetation clearing, and a lake associations, and conservation and November 1, 1999. prohibition on channel excavation. This environmental groups. alternative was rejected for the reasons Environmentally Preferable Alternative A total of 215 comment forms and 27 given above. letters were received on the Final EIS. TVA has concluded that Alternative As the components of TVA’s new Most of these comments were similar to D, which seeks minimum disturbance shoreline management policy are the comments that TVA received on the along shoreline available for residential implemented, TVA will continue to Draft EIS, except for those that access and does not allow additional work with all affected interests to commented specifically on the Blended shoreland to be opened, is the promote environmentally sound Alternative. In general, the public environmentally preferable alternative. stewardship of public shorelands. TVA supported the Blended Alternative and However, the purpose of SMI is to better will also monitor shoreline viewed it as a substantial improvement protect the environment while allowing development trends in order to identify over TVA’s earlier preferred alternative, reasonable access to the shoreline by any actions that may become necessary Alternative C1. A number of adjacent residents who hold outstanding in the future. commenters suggested modifications to access rights. The Blended Alternative Dated: May 24, 1999. some of the Blended Alternative better addresses the broader objectives Ruben O. Hernandez, standards (e.g., increasing the width of of SMI and is also substantially better the SMZ), but these were within the environmentally than current practices. Vice President, Resource Stewardship. range of alternatives previously [FR Doc. 99–14199 Filed 6–3–99; 8:45 am] Environmental Consequences and considered. BILLING CODE 8120±08±U Commitments Decision The Blended Alternative advances The TVA Board decided to modify the TVA’s commitment to resource OFFICE OF THE UNITED STATES Blended Alternative to include a 50-foot stewardship and habitat protection TRADE REPRESENTATIVE SMZ (an increase from 25 feet in the through strong conservation approaches, Final EIS). Other components of the including a shoreline inventory and Request for Comments Concerning Blended Alternative were adopted. The categorization system designed to Compliance by Germany With Blended Alternative appropriately protect certain significant habitats. By Telecommunications Trade balances residential shoreline limiting future residential access to Agreements development, recreation use, and shorelines where private access rights AGENCY: Office of the United States resource conservation needs in a way already exist and emphasizing the need Trade Representative. that maintains the quality of life and to ‘‘maintain and gain’’ public shoreline, ACTION: Notice of request for public other important values provided by the TVA is offering a much higher degree of comment. reservoir system. It recognizes the protection to public shorelines than it reality that previous decisions have has offered in the past. The Blended SUMMARY: Pursuant to section 1377 of already opened up 38 percent of TVA’s Alternative was formulated using the Omnibus Trade and shorelands to access, but commits to environmentally protective measures. Competitiveness Act of 1988 (19 U.S.C. holding the line at this level and These measures include: 3107), the Office of the United States possibly ‘‘gaining’’ back some of the • Protection of sensitive natural and Trade Representative (USTR) is already opened lands in a way that cultural resources through a shoreline reviewing, and requests comments on, would heighten their protection. The inventory and categorization system compliance by Germany with its Blended Alternative also responds well designating residential access shorelines commitments under the World Trade to the public comments TVA received into protection, mitigation, and Organization (WTO) Basic during the EIS process because it managed categories. Telecommunications Agreement. combines features from other • Promotion of conservation DATES: Comments are due by noon on alternatives that were generally easements across shorelands to protect Wednesday, June 16, 1999. supported, while not incorporating scenic landscapes, encourage clustered ADDRESSES: Comments must be features that were controversial and development, or to provide other public submitted to Gloria Blue, Executive highly objectionable to some segments benefits. of the public. During the period • Promotion of best management Secretary, Trade Policy Staff Committee, following publication of the Final EIS, practices for the construction of docks, ATTN: Section 1377 Comments, Office a number of organizations questioned management of vegetation, stabilization of the United States Trade the adequacy of the 25-foot SMZ. These of shoreline erosion, and other shoreline Representative, 600 17th Street, NW, included the Department of the Interior, alterations. Washington, DC 20508. Kentucky Department for Fish and • Emphasis on education activities FOR FURTHER INFORMATION CONTACT: Wildlife Resources, Tennessee Wildlife and incentives as important components William Corbett, Office of Industry, Resources Agency, Tennessee of shoreline management. (202) 395–9586; or Demetrios Marantis, Conservation League, and Tennessee With the implementation of the above Office of the General Counsel, (202) Citizens for Wilderness Planning. In environmental protection measures, 395–3581. response to these comments, the Board TVA has determined that adverse SUPPLEMENTARY INFORMATION: Section decided to increase the size of the SMZ environmental impacts of future 1377 of the Omnibus Trade and to 50 feet in order to further protect the residential shoreline uses would be Competitiveness Act of 1988 requires Tennessee River system. substantially reduced. These protective the USTR to review annually, by March TVA will include the Blended measures represent all of the practicable 31, the operation and effectiveness of all Alternative standards in its permitting measures to avoid or minimize U.S. trade agreements regarding regulations. The standards and policies environmental harm that are associated telecommunications products and identified in the Blended Alternative, as with this alternative. Alternative D has services of the United States that are in

VerDate 06-MAY-99 17:40 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\04JNN1.XXX pfrm07 PsN: 04JNN1 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30095 force with respect to the United States. WTO Basic Telecommunications with respect to Germany. All comments The purpose of the review is to Agreement must be in English, identify on the first determine whether any act, policy, or The GATS contains general page of the comments the practice of a country that has entered obligations that apply to all Members telecommunications trade agreement(s) into a telecommunications trade and services whether or not listed in discussed therein, be addressed to agreement is not in compliance with the WTO Members’ schedules and specific Gloria Blue, Executive Secretary, TPSC, terms of such agreement, or otherwise obligations that apply only to services ATTN: Section 1377 Comments, Trade denies to U.S. firms, within the context scheduled by a Member. The Fourth Policy Staff Committee, Office of the of the terms of such agreements, Protocol to the GATS is the legal U.S. Trade Representative, and be mutually advantageous market instrument embodying seventy WTO submitted in 15 copies by noon on opportunities. members’ basic telecommunications Wednesday, June 16, 1999. Beginning in the second quarter of services commitments under the GATS. All comments will be placed in the 1998 and after concluding a number of The Fourth Protocol is generally USTR Reading Room for inspection satisfactory interconnection agreements referred to as the WTO Basic shortly after the filing deadline, except with early new entrants to the German Telecommunications Agreement. The business confidential information telecommunications market, Deutsche agreement entered into force on exempt from public inspection in Telekom (DT) appears to have slowed February 6, 1998. accordance with 15 CFR 2003.6. the pace of interconnection negotiations The WTO Basic Telecommunications Confidential information submitted in and imposed tougher rates, terms and Agreement encompasses commitments accordance with 15 CFR 2003.6, must be conditions for subsequent prospective in three areas: market access, national clearly marked ‘‘BUSINESS entrants. All new entrants have no treatment, and pro-competitive CONFIDENTIAL’’ in a contrasting color option but to interconnect with the DT regulatory principles (contained in the ink at the top of each page on each of network to access the German market, WTO Reference Paper). Germany the 15 copies, and must be accompanied and Germany committed to assure non- committed to provide open market by 15 copies of a nonconfidential discriminatory and cost-oriented access for local, long-distance and summary of the confidential interconnection rates, terms and international service and service information. The nonconfidential conditions by adopting the WTO suppliers of any other Member under summary will be placed in the USTR Reference Paper as part of its obligations the terms, limitations and conditions Public Reading Room. under the WTO Basic agreed and specified in its WTO An appointment to review the Telecommunications Agreement. services schedule. With respect to comments may be made by calling The 1999 review under section 1377, national treatment, Germany committed Brenda Webb at (202) 395–6186. The completed on March 30, 1999, to ensure treatment no less favorable to USTR Reading Room is open to the established that the delay in assuring U.S. services or service suppliers than public from 9:30 a.m. to 12 noon, and non-discriminatory and cost-oriented the treatment provided to services or from 1 p.m. to 4 p.m., Monday through interconnection rates, terms, and service suppliers of Germany. Finally, Friday, and is located in Room 101. conditions raises serious doubts about the pro-competitive regulatory Frederick L. Montgomery, Germany’s compliance with its WTO principles, set forth in the WTO Chairman, Trade Policy Staff Committee. commitments. The USTR noted that Reference Paper and incorporated in [FR Doc. 99–14132 Filed 6–3–99; 8:45 am] regulatory proceedings in Germany Germany’s (and other members’) BILLING CODE 3190±01±M during April-May 1999 were expected to schedule, committed it to establish an set important precedents in determining independent regulatory body, ensure interconnection rates, terms, and interconnection at non-discriminatory DEPARTMENT OF TRANSPORTATION conditions for all competitors to and cost-oriented rates, maintain Deutsche Telekom. These proceedings measures to prevent anti-competitive Office of the Secretary related to (1) a complaint by a U.S. practices such as cross-subsidization, carrier, Econophone and, (2) a proposal and mandate transparency of Announcement of Public Forum on for new tariff surcharges by Deutsche government regulations and licensing. Risk Assessment Telekom. The USTR announced it The USTR seeks comment on whether AGENCY: Office of the Secretary, DOT. would monitor the outcome of these Germany has made the necessary ACTION: proceedings, which have now legislative or regulatory changes to Announcement of Public Forum concluded to determine whether implement its commitments, or permits on Risk Assessment. Germany is acting in accordance with acts, policies, or practices in its markets TIME AND DATE: 1:00 p.m.–4:00 p.m., its WTO obligations, and to determine that do not appear to be in compliance June 16, 1999. whether to pursue WTO dispute with these commitments. In addition, PLACE: Room 10234, Nassif Building, settlement action thereafter if the the USTR seeks comments on whether Department of Transportation, 400 outcome of the proceedings was not Germany permits acts, policies, or Seventh Street, SW., Washington, DC consistent with those obligations. practices that do not appear to be in 20590. Therefore, the USTR seeks comments compliance with other WTO on Germany’s compliance with its obligations, e.g., the GATS, that affect STATUS: Open to public with attendance specific commitments under the WTO market opportunities for limited to space available. Basic Telecommunications Agreement telecommunications products and PURPOSE: The purpose of the forum is to or with other WTO obligations, e.g., the services of the United States. have an exchange of ideas and to start WTO General Agreement on Trade in a dialogue that will better enable the Services (GATS), including the Annex Public Comment: Requirements for Department to analyze its rules. We do on Telecommunications, that affect Submissions not want comments on specific rules or market opportunities for U.S. The USTR requests comments on the proposals, although it would be telecommunications products and operation and effectiveness of the WTO appropriate to use an existing rule to services. Basic Telecommunications Agreement illustrate a point.

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SUMMARY: The Department of through the Town and Village of The environmental, socio-economic, Transportation will be hosting a public Horseheads (the Southern Tier and engineering viability implications forum on risk assessment in rulemaking. Expressway) in Chemung County, New of each alternative will be examined. Expert panelists for this forum will York. This proposed action would The NO Action alternative will also be include representatives from business, improve capacity of Route 17 by analyzed as a base line for gauging the labor and government. The moderator of bringing it up to Interstate highway impacts of the build alternates. the forum will present a series of issues design standards and provide for the Input from Federal, State and local to the panel for discussion; the audience separation of local and regional traffic . Governments, local agencies, private will also be encouraged to ask questions FOR FURTHER INFORMATION CONTACT: organizations, and the community will or make comments. The forum will Peter White, Regional Director, New be solicited during the development of address various issues such as problems York State Department of the Environmental Impact Statement with adequately describing the hazard Transportation, Region 6, 107 (EIS). A public Environmental Scoping or risk a regulation is trying to avoid; Broadway, Hornell, New York 14843, meeting and a formal public hearing properly using and describing the (607) 324–8404 or Harold J. Brown, will be scheduled. The Environmental evidence of the risk, the uncertainties Division Administrator, Federal Scoping, meeting will be held on June involved; and the value and cost of peer Highway Administration, New York 30, 1999 at the Horseheads High School review. This forum is the second of Division, Leo W. O’Brien Federal from 5 p.m. to 9 p.m. with a three planned public forums this year. Building, 9th Floor, Clinton Avenue and presentation at 7 p.m. Public notice will In May, the Department hosted a forum North Pearl Street, Albany, New York be given to identify the time and place on economic analysis, and later on this 12207, (518) 431–4127. for the public hearing. The Draft EIS year we are planning a forum on small will be available for public and agency SUPPLEMENTARY INFORMATION: The entities. Federal Highway Administration review and comment prior to the public REGISTRATION: Participants are requested (FHWA), in cooperation with the New hearing. Comments, questions and suggestions to register their intent to attend this York State Department of pertaining to the proposed action are forum meeting by sending e-mail to Transportation (NYSDOT) will evaluate invited from interested parties to ensure [email protected]. Put the words various alternatives which will consider that all significant issues are identified ‘‘Risk Assessment Registration’’ in the the upgrading of U.S. Route 17 from Exit and addressed. Comments should be Subject line and the participant’s name, 52 to Exit 54 in the Town and Village directed to the FHWA or the NYSDOT address, phone number, and affiliation of Horseheads, Chemung County, New at the addresses provided above. in the body of the message. If you do not York to Interstate standards. Each build have Internet access, you can register by option would include the (Catalog of Federal Domestic Assistance calling 202–366–4723 or by writing to reconfiguration/reconstruction of the Program Number 20.205, Highway Research, the contact person below. Please existing roadway to meet Interstate Planning and Construction. The regulation include your name, address, and phone implementing Executive Order 12372 standards while accommodating local regarding intergovernmental consultation on number in your letter/postcard. Also, high volume traffic flows and local remember that space is limited and Federal programs and activities apply to this access. Additionally, there would be program.) registration is on a first-come-first- new expressway and ramp construction, served basis. Authority: 23 U.S.C. 315; 23 CFR 771.123. pavement rehabilitation/reconstruction, Issued on May 24, 1999. FOR FURTHER INFORMATION CONTACT: bridge and culvert rehabilitation/ Douglas P. Conlan, Robert Klothe, Office of General Counsel replacement, drainage, lighting and (C–50), Department of Transportation, signalization. The proposed project District Engineer, Federal Highway Administration, Albany, New York. Room 10424, 400 Seventh Street, SW, limits extend along NYS Route 17 from Washington, DC 20590. Phone: (202) Exit 52 (NYS Route 14) easterly to Exit [FR Doc. 99–14124 Filed 6–3–99; 8:45 am] 366–4723 (voice), (202) 755–7687 54 (NYS Route 13) approximately one BILLING CODE 4910±22±M (TDD); Email: [email protected]. mile. The Proposed Action is anticipated to Issued in Washington, DC, this 28th day of DEPARTMENT OF TRANSPORTATION May, 1999. result in a balanced transportation Neil Eisner, system that will supply sufficient Federal Transit Administration Assistant General Counsel for Regulation and capacity, improved mobility and access, Enforcement. meet current/future traffic demand, [Docket No. FTA±99±5750] eliminate current bridge deficiencies, [FR Doc. 99–14164 Filed 6–3–99; 8:45 am] Notice of Request for the Extension of BILLING CODE 4910±62±P reduce or eliminate vehicular conflicts/ accidents, separate local and regional Currently Approved Information traffic flows, as well as provide Collection DEPARTMENT OF TRANSPORTATION improved local service through the AGENCY: Federal Transit Administration, Town and Village of Horseheads. DOT. Federal Highway Administration Alternatives under consideration ACTION: Notice of request for comments. include: Environmental Impact Statement: • No build or the null alternative; SUMMARY: In accordance with the Chemung County, New York • Separation of local and expressway Paperwork Reduction Act of 1995, this AGENCY: Federal Highway traffic through the Village of Horseheads notice announces the intention of the Administration, Department of and the upgrade of Route 17 to a limited Federal Transit Administration (FTA) to Transportation. access expressway; request the Office of Management and • ACTION: Notice of intent. Development of a half or full Budget (OMB) to extend the following diamond interchange at Route 13, and currently approved information SUMMARY: The action to be evaluated by • The development of collector- collection: this Environmental Impact Statement is distributor roads along Route 17 Rail Fixed Guideway Systems; State the reconstruction of the U.S. Route 17 between Exit 52 and Exit 54. Safety Oversight.

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DATES: Comments must be submitted certification from the State oversight Appendix D to that notice (49 FR before August 2, 1999. agency, FTA would be unable to 48864). ADDRESSES: All written comments must determine each State’s compliance with On September 17, 1993, NHTSA refer to the docket number that appears Section 5330. published a notice (58 FR 48705) to at the top of this document and be If a State fails to comply with the amend the Model Specifications. The submitted to the United States requirements of Section 5330, FTA may notice changed the alcohol Department of Transportation, Central withhold up to five percent of funds concentration levels at which Dockets Office, PL–401, 400 Seventh apportioned under section 5307 to a instruments are evaluated, from 0.000, Street, SW, Washington, DC 20590. All State, or urbanized area within a State, 0.050, 0.101, and 0.151 BAC, to 0.000, comments received will be available for beginning in Fiscal Year 1997. 0.020, 0.040, 0.080, and 0.160 BAC; examination at the above address from Estimated Annual Burden on added a test for the presence of acetone; 10:00 a.m. to 5:00 p.m., e.t., Monday Respondents: Approximately 663.50 and expanded the definition of alcohol through Friday, except Federal holidays. hours for each of the 56 respondents. to include other low molecular weight Those desiring notification of receipt of Estimated Total Annual Burden: alcohols including methyl or isopropyl. comments must include a self- 37,158 hours. On February 27, 1998, the most recent addressed, stamped postcard/envelope. Frequency: Annual. amendment to the Conforming Products FOR FURTHER INFORMATION CONTACT: Rail Issued: June 1, 1999. List (CPL) was published (63 FR 10066), Fixed Guideway Systems; State Safety Gordon J. Linton, identifying those instruments found to conform with the Model Specifications. Oversight—Mr. Roy Field, Office of Administrator. Since the last publication of the CPL, Program Management, (202) 366–0197. [FR Doc. 99–14166 Filed 6–3–99; 8:45 am] SUPPLEMENTARY INFORMATION three (3) instruments have been : Interested BILLING CODE 4910±57±P parties are invited to send comments evaluated and found to meet the model regarding any aspect of this information specifications, as amended on collection, including: (1) the necessity DEPARTMENT OF TRANSPORTATION September 17, 1993, for mobile and and utility of the information collection non-mobile use. They are: (1) Seres for the proper performance of the National Highway Traffic Safety Alcopro, which is listed twice on the functions of the FTA; (2) the accuracy Administration CPL, once under Sound-Off, Inc., of of the estimated burden; (3) ways to Hudsonville, Michigan, which sells this enhance the quality, utility, and clarity [Docket No. NHTSA±99±5732] device in the United States, and also of the collected information; and (4) under Seres, of Paris, France, the ways to minimize the collection burden Highway Safety Programs; Model manufacturer. This device is the first without reducing the quality of the Specifications for Devices to Measure infra-red handheld breath tester on the collected information. Comments Breath Alcohol CPL; (2) Phoenix, manufactured by Lifeloc Technologies, Inc. of Wheat submitted in response to this notice will AGENCY: National Highway Traffic Ridge, Colorado; and (3) Alco-Sensor be summarized and/or included in the Safety Administration, DOT. request for OMB approval of this AZ and the RBT-AZ, manufactured by ACTION: Notice. information collection. Intoximeters, Inc. of St. Louis, Missouri, two versions of the same handheld fuel Title: Rail Fixed Guideway Systems; SUMMARY: This notice amends the cell device, the first sold without a State Safety Oversight (OMB Number: Conforming Products List for printer, and the latter with a printer. 2132–0558). instruments that conform to the Model The CPL has been amended to add Background: 49 U.S.C. Section 5330 Specifications for Evidential Breath these three instruments to the list. The requires each State that to designate a Testing Devices (58 FR 48705). State Safety Oversight agency to oversee CPL has also been amended to reflect the safety and security operations of ‘‘a EFFECTIVE DATE: June 4, 1999. the following changes: rail fixed guideway system’’ within the FOR FURTHER INFORMATION CONTACT: Dr. (1) Lifeloc, Inc. has changed its name State’s jurisdiction. To comply with James F. Frank, Office of Traffic Injury to Lifeloc Technologies, Inc. Hence, all Section 5330, State oversight agencies Control Programs, Impaired Driving devices listed under Lifeloc, Inc. are must require System Safety Program Division (NTS–11), National Highway now listed under Lifeloc Technologies, Plans (SSPPs) from rail fixed guideway Traffic Safety Administration, 400 Inc.(formerly Lifeloc, Inc.), Wheat systems; review and approve these Seventh Street, SW., Washington, DC Ridge, Colorado; SSPPs; require notification of 20590; Telephone: (202) 366–5593. (2) Two items listed under unacceptable hazardous conditions SUPPLEMENTARY INFORMATION: On Intoximeters, Inc. had typographical according to the American Public November 5, 1973, the National errors that needed correction. The item Transit Association (APTA) Hazard Highway Traffic Safety Administration listed as the Intoximeter Model 03000 Classification Matrix; require and (NHTSA) published the Standards for D* has been changed to read: review corrective action plans from rail Devices to Measure Breath Alcohol (38 Intoximeter Model 3000D*. The items fixed guideway systems to eliminate FR 30459). A Qualified Products List of listed as the Intox EC–IR and the such conditions; require an ongoing Evidential Breath Measurement Devices Portable Intox EC–IR have been changed safety audit process at the rail fixed comprised of instruments that met this to read: Intox EC/IR and Portable Intox guideway systems; and submit both an standard was first issued on November EC/IR. annual certification to FTA that the 21, 1974 (39 FR 41399). (3) The National Draeger, Inc. added State is in compliance with the On December 14, 1984 (49 FR 48854), the ‘‘Alcotest 7410 Plus’’ to the last CPL requirements of Section 5330 and an NHTSA converted this standard to on February 27, 1998. However, it was annual report documenting safety Model Specifications for Evidential listed on the CPL as the ‘‘Breathalyzer activities. Collection of this information Breath Testing Devices, and published a 7410 Plus’’ when it should have been will enable the State oversight agency to Conforming Products List (CPL) of listed as the ‘‘Alcotest 7410 Plus’’. The monitor effectively the safety of the rail instruments that were found to conform CPL has been corrected to reflect this fixed guideway system. Without to the Model Specifications as more appropriate listing.

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(4) In addition, ‘‘National Draeger, (5) A sentence has been added to the (6) The typographical error under the Inc.’’ of Durango, Colorado changed its footnote to the CPL indicating that any Smith and Wesson listing, where the name to ‘‘Draeger Safety, Inc.’’ All devices on this CPL that meet the model location of the company was listed as devices under ‘‘National Draeger’’ will specifications for evidential breath ‘‘pringfield’’ has been corrected to read remain on the list. However, a new testing devices that was published in ‘‘Springfield’. the Federal Register on September 17, listing for ‘‘Draeger Safety, Inc.’’ will In accordance with the foregoing, the also be created with the same devices 1993 (58 FR 48705), also meet the requirements of the Model CPL is therefore amended, as set forth also listed. Future additions of Draeger below. Safety, Inc. equipment will only be Specifications for Screening Devices to added to the ‘‘Draeger Safety, Inc.’’ Measure Alcohol in Bodily Fluids that Conforming Products List of Evidential was published on August 2, 1994 (59 FR listing. Breath Measurement Devices 39382).

Manufacturer and model Mobile Nonmobile

Alcohol Countermeasure Systems Corp. Mississauga, Ontario, Canada: Alert J3AD* ...... X X PBA3000C ...... X X BAC Systems, Inc., Ontario, Canada: Breath Analysis Computer* ...... X X CAMEC Ltd., North Shields, Tyne and Ware, England: IR Breath Analyzer* ...... X X CMI, Inc., Owensboro, KY: Intoxilyzer Model: 200 ...... X X 200D ...... X X 300 ...... X X 400 ...... X X 1400 ...... X X 4011* ...... X X 4011A* ...... X X 4011AS* ...... X X 4011AS±A* ...... X X 4011AS±AQ* ...... X X 4011 AW* ...... X X 4011A27±10100* ...... X X 4011A27±10100 with filter* ...... X X 5000 ...... X X 5000 (w/Cal. Vapor Re-Circ.) ...... X X 5000 (w/3¤8′′ ID Hose option) ...... XX 5000CD ...... X X 5000CD/FG5 ...... X X 5000EN ...... XX 5000 (CAL DOJ) ...... X X 5000VA ...... X X PAC 1200* ...... XX S±D2 ...... X X Decator Electronics, Decator, IL: Alco-Tector model 500* ...... X Draeger Safety, Inc., Durango, CO: Alcotest Model: 7010* ...... X X 7110* ...... X X 7110 MKIII ...... X X 7110 MKIII±C ...... X X 7410 ...... XX 7410 Plus ...... X X Breathalyzer Model: 900* ...... X X 900A* ...... X X 900BG* ...... X X 7410 ...... X X 7410±II ...... X X Gall's Inc., Lexington, KY: Alcohol Detection System-A.D.S. 500 ...... X X Intoximeters, Inc., St. Louis, MO: Photo Electric Intoximeter* X GC Intoximeter MK II* ...... X X GC Intoximeter MK IV* ...... X X Auto Intoximeter* ...... X X Intoximeter Model: 3000* ...... X X 3000 (rev B1)* ...... X X 3000 (rev B2)* ...... X X 3000 (rev B2A)* ...... X X

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Manufacturer and model Mobile Nonmobile

3000 (rev B2A) w/FM option* ...... X X 3000 (Fuel Cell)* ...... X X 3000 D* ...... X X 3000 DFC* ...... X X Alcomonitor ...... X Alcomonitor CC ...... X X Alco-Sensor III ...... X X Alco-Sensor IV ...... X X Alco-Sensor AZ ...... X X RBT±AZ ...... X X RBT III ...... X X RBT III±A ...... X X RBT IV ...... X X RBT IV with CEM (cell enhancement module) ...... X X Intox EC/IR ...... X X Portable Intox EC/IR ...... X X Komyo Kitagawa, Kogyo, K.K.: Alcolyzer DPA±2* ...... X X Breath Alcohol Meter PAM 101B* ...... X X Lifeloc Technologies, Inc., (formerly Lifeloc, Inc.), Wheat Ridge, CO: PBA 3000B ...... X X PBA 3000±P* ...... X X PBA 3000C ...... XX Alcohol Data Sensor ...... X X Phoenix ...... X X Lion Laboratories, Ltd., Cardiff, Wales, UK: Alcolmeter Model: 300 ...... X X 400 ...... X X AE±D1* ...... X X SD±2* ...... X X EBA* ...... X X Auto-Alcolmeter* ...... X Intoxilyzer Model: 200 ...... X X 200D ...... X X 1400 ...... X X 5000 CD/FG5 ...... X X 5000 EN ...... X X Luckey Laboratories, San Bernadino, CA: Alco-Analyzer Model: 1000* ...... X 2000* ...... X National Draeger, Inc., Durango, CO: Alcotest Model: 7010* ...... X X 7110* ...... X X 7110 MKIII ...... X X 7110 MKIII±C ...... X X 7410 ...... X X 7410 Plus ...... X X Breathalyzer Model: 900* ...... X X 900A* ...... X X 900BG* ...... X X 7410 ...... X X 7410±II ...... X X National Patent Analytical Systems, Inc., Mansfield, OH: BAC DataMaster (with or without the Delta-1 accessory) ...... X X BAC Verifier Datamaster (with or without the Delta-1 accessory) ...... X X DataMaster cdm (with or without the Delta-1 accessory) XX Omicron Systems, Palo Alto, CA: Intoxilyzer Model: 4011* ...... X X 4011AW* ...... X X Plus 4 Engineering, Minturn, CO: 5000 Plus4* ...... X X Seres, Paris, France: Alco Master ...... X X Alcopro ...... X X Siemans-Allis, Cherry Hill, NJ: Alcomat* ...... X X Alcomat F* ...... X X Smith and Wesson Electronics, Springfield, MA:

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Manufacturer and model Mobile Nonmobile

Breathalyzer Model: 900* ...... X X 900A* ...... X X 1000* ...... X X 2000* ...... X X 2000 (non-Humidity Sensor)* ...... X X Sound-Off, Inc., Hudsonville, MI: AlcoData ...... X X Seres Alco Master ...... X X Seres Alcopro ...... X X Stephenson Corp.: Breathalyzer 900* ...... X X U.S. Alcohol Testing, Inc./Protection Devices, Inc., Rancho Cucamonga, CA: Alco-Analyzer 1000 ...... X Alco-Analyzer 2000 ...... X Alco-Analyzer 2100 ...... X X Verax Systems, Inc., Fairport, NY: BAC Verifier* ...... X X BAC Verifier Datamaster ...... X X BAC Verifier Datamaster II* ...... X X *Instruments marked with an asterisk (*) meet the Model Specifications detailed in 49 FR 48854 (December 14, 1984) (i.e., instruments tested at 0.000, 0.050, 0.101, and 0.151 BAC.) Instruments not marked with an asterisk meet the Model Specifications detailed in 58 FR 48705 (Sep- tember 17, 1993), and were tested at BACs = 0.000, 0.020, 0.040, 0.080, and 0.160. All instruments that meet the Model Specifications currently in effect (dated September 17, 1993) also meet the Model Specifications for Screening Devices to Measure Alcohol in Bodily Fluids.

(23 U.S.C. 402; delegations of authority at 49 the notification and remedy of a defect indicates that there are six complaints CFR 1.50 and 501.1) in model year 1992 Acura Legend about the brake system on the subject Issued on: May 28, 1999. vehicles (subject vehicles) manufactured vehicles. Five of the six complaints Rose A. McMurray, by Honda Motor Company (Honda) were received prior to May 1996. The Associate Administrator for Traffic Safety because of concerns related to their most recent complaint, received in Programs. brake deficiency. The Petitioner alleges March 1999, concerns illumination of [FR Doc. 99–14165 Filed 6–3–99; 8:45 am] that the brake pedal on her vehicle stuck the anti-lock brake warning light which BILLING CODE 4910±59±P while driving, resulting in a crash. The is discussed in the TSB referenced in Petitioner further alleges that she had no the above paragraph. None of these six warning of any brake problem prior to complaints indicated that the DEPARTMENT OF TRANSPORTATION the crash. In addition, the Petitioner complainants experienced difficulty in alleges that there have been a number of depressing the brake pedal. In addition, National Highway Traffic Safety complaints and service bulletins in the number of complaints compared to Administration NHTSA’s database concerning the the vehicle population (complaint rate) [DP99±003] braking system on the subject vehicles. is lower for the model year 1992 Acura The Petitioner, however, did not Legend than for five peer vehicles. Denial of Motor Vehicle Defect Petition identify a specific vehicle subsystem or Furthermore, there have been no safety component that might have been recalls concerning the braking systems AGENCY: National Highway Traffic involved in or caused the brake failure. Safety Administration (NHTSA), on the Acura Legend vehicles, During our review, we discovered that regardless of the model year. On April Department of Transportation. Honda had issued Technical Service 29, 1999, an ODI staff engineer ACTION: Denial of petition for a defect Bulletin (TSB) 91–031 on August 18, inspected the Petitioner’s vehicle at a investigation. 1992, for the model year 1991–1992 local body shop. The staff was unable to Acura Legend to correct a condition test the operation of the vehicle’s SUMMARY: This notice sets forth the identified as ‘‘ABS Problem Code 1–8.’’ reasons for the denial of a petition The TSB states that when the ABS braking system vacuum booster because submitted to NHTSA under 49 U.S.C. indicator light activates and the system the crash rendered the engine 30162, requesting that the agency is checked, problem code 1–8 appears. inoperable. Visual inspection showed commence a proceeding to determine The light is activated inappropriately that the vacuum hose remains the existence of a defect related to motor due to an overly sensitive sensor. To connected to the vacuum booster and to vehicle safety. The petition is eliminate this inappropriate warning the engine, and that the brake pedal hereinafter identified as DP99–003. light, Honda implemented the TSB linkages appear to be free of obstruction FOR FURTHER INFORMATION CONTACT: Dr. directing technicians to install a new or binding. George Chiang, Office of Defects pressure switch which ensures that the In view of the foregoing, it is unlikely Investigation (ODI), NHTSA, 400 ABS light only comes on when that NHTSA would issue an order for Seventh Street, SW, Washington, DC appropriate. Thus, the issue addressed the notification and remedy of a safety- 20590. Telephone: (202) 366–5206. by this TSB has no effect on the related defect in the subject vehicles at SUPPLEMENTARY INFORMATION: Dr. Mary vehicle’s braking performance, and it is the conclusion of the investigation Halas of Alexandria, Virginia, submitted not related to the complaint filed by Dr. requested in the petition. Therefore, in a petition to NHTSA by letter dated Halas. view of the need to allocate and April 15, 1999, requesting that an A review of agency data files, prioritize NHTSA’s limited resources to investigation be initiated to determine including information reported to the best accomplish the agency’s safety whether to issue an order concerning Auto Safety Hotline by consumers, mission, the petition is denied.

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Authority: 49 U.S.C. 30162(d); delegations of the Secretary, Case Control Unit, 1925 liability of the homeowners association. of authority at CFR 1.50 and 501.8. K Street, NW, Washington, DC 20423– The IRS uses Form 1120–H to determine Issued on: June 1, 1999. 0001. In addition, a copy of each if the income, deductions, and credits Kenneth N. Weinstein, pleading must be served on Janet H. have been correctly computed. The form Associate Administrator for Safety Gilbert, Wisconsin Central Ltd., 6250 N. is also used for statistical purposes. Assurance. River Road, Suite 9000, Rosemont, IL Current Actions: There are no changes 60018. [FR Doc. 99–14213 Filed 6–3–99; 8:45 am] being made to the form at this time. BILLING CODE 4910±59±P Board decisions and notices are available on our website at Type of Review: Extension of a ‘‘WWW.STB.DOT.GOV.’’ currently approved collection. DEPARTMENT OF TRANSPORTATION Decided: May 28, 1999. Affected Public: Business or other for- profit organizations and individuals. Surface Transportation Board By the Board, David M. Konschnik, Director, Office of Proceedings. Estimated Number of Respondents: [STB Finance Docket No. 33750] Vernon A. Williams, 112,311. Secretary. Wisconsin Central Ltd.ÐTrackage Estimated Time Per Respondent: 32 [FR Doc. 99–14187 Filed 6–3–99; 8:45 am] Rights ExemptionÐGrand Trunk hours, 10 minutes. BILLING CODE 4915±00±P Western Railroad Incorporated Estimated Total Annual Burden Grand Trunk Western Railroad Hours: 3,611,922. Incorporated (GTW) has agreed to grant DEPARTMENT OF THE TREASURY The following paragraph applies to all limited, non-exclusive overhead of the collections of information covered trackage rights to Wisconsin Central Ltd. Internal Revenue Service by this notice: (WC), over a segment of GTW’s South An agency may not conduct or Bend Division between GTW’s Proposed Collection; Comment Request for Form 1120±H sponsor, and a person is not required to connection to the Belt Railway of respond to, a collection of information Chicago at GTW milepost 12.8 at AGENCY: Internal Revenue Service (IRS), unless the collection of information Hayford, IL, and GTW milepost 25.1 at Treasury. displays a valid OMB control number. Harvey, IL, including the connections to ACTION: Notice and request for Books or records relating to a collection the Illinois Central Railroad Company at comments. of information must be retained as long Harvey, a total distance of as their contents may become material 1 approximately 12.3 miles. The purpose SUMMARY: The Department of the in the administration of any internal of the trackage rights is to allow WC to Treasury, as part of its continuing effort revenue law. Generally, tax returns and move traffic in Canadian National to reduce paperwork and respondent tax return information are confidential, Railway Company’s (CN) account as burden, invites the general public and as required by 26 U.S.C. 6103. part of WC’s haulage of CN traffic other Federal agencies to take this between Superior, WI and Chicago, IL. opportunity to comment on proposed Request for Comments The transaction is scheduled to be and/or continuing information consummated on or after May 28, 1999, collections, as required by the Comments submitted in response to the effective date of the exemption (7 Paperwork Reduction Act of 1995, this notice will be summarized and/or days after the exemption was filed.) Public Law 104–13 (44 U.S.C. included in the request for OMB As a condition to this exemption, any 3506(c)(2)(A)). Currently, the IRS is approval. All comments will become a employees affected by the trackage soliciting comments concerning Form matter of public record. rights will be protected by the 1120–H, U.S. Income Tax Return for Comments are invited on: (a) whether conditions imposed in Norfolk & Homeowners Associations. the collection of information is Western Ry. Co.—Trackage Rights—BN, DATES: Written comments should be necessary for the proper performance of 354 I.C.C. 605 (1978), as modified in received on or before August 3, 1999 to the functions of the agency, including Mendocino Coast Ry., Inc.—Lease & be assured of consideration. whether the information shall have Operate, 360 I.C.C. 653 (1980). ADDRESSES: Direct all written comments practical utility; (b) the accuracy of the This notice is filed under 49 CFR to Garrick R. Shear, Internal Revenue agency’s estimate of the burden of the 1180.2(d)(7). If it contains false or Service, room 5571, 1111 Constitution collection of information; (c) ways to misleading information, the exemption Avenue NW., Washington, DC 20224. enhance the quality, utility, and clarity is void ab initio. Petitions to revoke the FOR FURTHER INFORMATION CONTACT: of the information to be collected; (d) exemption under 49 U.S.C. 10502(d) ways to minimize the burden of the may be filed at any time. The filing of Requests for additional information or copies of the form and instructions collection of information on a petition to revoke will not respondents, including through the use automatically stay the transaction. should be directed to Carol Savage, (202) 622–3945, Internal Revenue of automated collection techniques or An original and 10 copies of all other forms of information technology; pleadings, referring to STB Finance Service, room 5569, 1111 Constitution and (e) estimates of capital or start-up Docket No. 33750, must be filed with Avenue NW., Washington, DC 20224. costs and costs of operation, the Surface Transportation Board, Office SUPPLEMENTARY INFORMATION: Title: U.S. Income Tax Return for maintenance, and purchase of services to provide information. 1 A redacted version of the draft trackage rights Homeowners Associations. agreement between WC and GTW was filed with the OMB Number: 1545–0127. Approved: May 28, 1999. notice of exemption. The full version of the Form Number: 1120–H. agreement was concurrently filed under seal along Abstract: Homeowners associations Garrick R. Shear, with a motion for a protective order, which will be IRS Reports Clearance Officer. addressed in a separate decision. A copy of the file Form 1120–H to report income, executed trackage rights agreement will be filed in deductions, and credits. The form is [FR Doc. 99–14226 Filed 6–3–99; 8:45 am] accordance with 49 CFR 1180.6(a)(7)(ii). also used to report the income tax BILLING CODE 4830±01±U

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DEPARTMENT OF THE TREASURY Service, room 5569, 1111 Constitution of information must be retained as long Avenue NW., Washington, DC 20224. as their contents may become material Internal Revenue Service SUPPLEMENTARY INFORMATION: in the administration of any internal Title: Amended U.S. Individual revenue law. Generally, tax returns and Proposed Collection; Comment Income Tax Return. tax return information are confidential, Request for Form 1040X OMB Number: 1545–0091. as required by 26 U.S.C. 6103. Form Number: 1040X. AGENCY: Internal Revenue Service (IRS), Request for Comments Treasury. Abstract: Form 1040X is used by individuals to amend an original tax ACTION: Notice and request for Comments submitted in response to comments. return to claim a refund of income taxes, this notice will be summarized and/or pay additional income taxes, or included in the request for OMB SUMMARY: The Department of the designate $3 to the Presidential Election approval. All comments will become a Treasury, as part of its continuing effort Campaign Fund. The information matter of public record. Comments are to reduce paperwork and respondent provided on the form is needed to help invited on: (a) whether the collection of verify that taxpayers have correctly burden, invites the general public and information is necessary for the proper figured their income tax. other Federal agencies to take this performance of the functions of the Current Actions: There are no changes opportunity to comment on proposed agency, including whether the being made to the form at this time. and/or continuing information information shall have practical utility; collections, as required by the Type of Review: Extension of a currently approved collection. (b) the accuracy of the agency’s estimate Paperwork Reduction Act of 1995, of the burden of the collection of Public Law 104–13 (44 U.S.C. Affected Public: Individuals, business or other for-profit organizations, and information; (c) ways to enhance the 3506(c)(2)(A)). Currently, the IRS is quality, utility, and clarity of the soliciting comments concerning Form farms. Estimated Number of Respondents: information to be collected; (d) ways to 1040X, Amended U.S. Individual minimize the burden of the collection of Income Tax Return. 2,929,311. Estimated Time Per Respondent: 3 information on respondents, including DATES: Written comments should be hours, 30 minutes. through the use of automated collection received on or before August 3, 1999 to Estimated Total Annual Burden techniques or other forms of information be assured of consideration. Hours: 10,252,589. technology; and (e) estimates of capital ADDRESSES: Direct all written comments The following paragraph applies to all or start-up costs and costs of operation, to Garrick R. Shear, Internal Revenue of the collections of information covered maintenance, and purchase of services Service, room 5571, 1111 Constitution by this notice: to provide information. Avenue NW., Washington, DC 20224. An agency may not conduct or Approved: May 27, 1999. FOR FURTHER INFORMATION CONTACT: sponsor, and a person is not required to Requests for additional information or respond to, a collection of information Garrick R. Shear, copies of the form and instructions unless the collection of information IRS Reports Clearance Officer. should be directed to Carol Savage, displays a valid OMB control number. [FR Doc. 99–14227 Filed 6–3–99; 8:45 am] (202) 622–3945, Internal Revenue Books or records relating to a collection BILLING CODE 4830±01±U

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Corrections Federal Register Vol. 64, No. 107

Friday, June 4, 1999

This section of the FEDERAL REGISTER DEPARTMENT OF DEFENSE Thursday, May 27, 1999, the docket contains editorial corrections of previously number should read as set forth above. published Presidential, Rule, Proposed Rule, GENERAL SERVICES [FR Doc. C9–13508 Filed 6–3–99; 8:45 am] and Notice documents. These corrections are ADMINISTRATION prepared by the Office of the Federal BILLING CODE 1505±01±D Register. Agency prepared corrections are NATIONAL AERONAUTICS AND issued as signed documents and appear in the appropriate document categories SPACE ADMINISTRATION DEPARTMENT OF JUSTICE elsewhere in the issue. 48 CFR Part 52 Immigration and Naturalization Service [FAC 97±11; FAR Case 96±013; Item I] 8 CFR Part 214 DEPARTMENT OF COMMERCE RIN 9000±AH97

Bureau of Export Administration Federal Acquisition Regulation; [INS No. 1881-97] Review of FAR Representations 15 CFR Part 774 RIN 1115-AE96 [Docket No. 990416098±9098±01] Correction Adjustment of Status; Continued RIN 0694±AB67 In rule document 99–5203 beginning on page 10531, in the issue of Thursday, Validity of Nonimmigrant Status, Implementation of the Chemical March 4, 1999, make the following Unexpired Employment Authorization, Weapons Convention; Revisions to the correction: and Travel Authorization for Certain Export Administration Regulations Applicants Maintaining Nonimmigrant 52.204±5 [Corrected] H or L Status Correction On page 10533, in the second column, b Correction In rule document 99–12281 beginning in the second line, ‘‘, is not’’ should be removed. on page 27138 in the issue of Tuesday, In rule document 99–13759 beginning May 18, 1999, make the following [FR Doc. C9–5203 Filed 6–3–99; 8:45 am] on page 29208 in the issue of Tuesday, correction(s): BILLING CODE 1505±01±D June 1, 1999, make the following PART 774±[CORRECTED] correction(s): DEPARTMENT OF EDUCATION 1. On page 27148, in the second § 214.2 [Corrected] column, in the second line, National Advisory Committee on On page 29211, in the second column, ‘‘a.28.(C.A.S. #667–83–5)’’ should read Institutional Quality and Integrity; in § 214.2(h)(16)(i), the existing ‘‘a.28.(C.A.S. #676–83–5)’’. Notice of Members paragraph (C) should be removed and 2. On the same page, in the same paragraphs (C) and (D) should be added column, in the eighth line, ‘‘a.30.(C.A.S. Correction to read as follows: #767–97–1)’’ should read ‘‘a.30.(C.A.S. In notice document 99–13553 * * * * * #676–97–1)’’. beginning on page 28810 in the issue of [FR Doc. C9–12281 Filed 6–3–99; 8:45 am] Thursday, May 27, 1999, make the (h) * * * BILLING CODE 1505±01±D following correction(s): (16) * * * On page 28810, in the third column, (i) * * * in the last line, ‘‘[insert 45 days from COMMODITY FUTURES TRADING date of publication]’’ should read ‘‘July (C) The H–1 alien’s application (and COMMISSION 12, 1999’’. that of their dependent family members) for admission, 17 CFR Part 30 [FR Doc. C9–13553 Filed 6–3–99; 8:45 am] BILLING CODE 1505±01±D (D) The H–1 alien’s application (and Representations and Disclosures that of their dependent family members) Required by Certain IBs, CPOs and for change of status to a different H–1 CTAs DEPARTMENT OF ENERGY or L classification, or a dependent of an H–1 or L nonimmigrant, or Correction Federal Energy Regulatory In notice document 99–13573 Commission * * * * * [FR Doc. C9–13759 Filed 6–3–99; 8:45 am] beginning on page 28910 in the issue of [Docket No. RP99-106-000] Friday, May 28, 1999, make the BILLING CODE 1505±01±D following correction: TransColorado Gas Transmission On page 28913, in the third column, Company; Notice of Informal under the second ‘‘Average burden Settlement Conference hours per response:’’ entry, ‘‘100.’’ should read ‘‘1.0’’. Correction [FR Doc. C9–13573 Filed 6–3–99; 8:45 am] In notice document 99–13508 BILLING CODE 1505±01±D appearing on page 28816, in the issue of

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DEPARTMENT OF EDUCATION comment period, in Room 5624 Note: The official version of this document Regional Office Building, 7th and D is the document published in the Federal Privacy Act of 1974; Systems of Streets, S.W., Washington, DC, between Register. Records the hours of 8 a.m. and 4:30 p.m., Introduction Eastern time, Monday through Friday of AGENCY: Department of Education. In a memorandum dated May 14, each week except Federal holidays. 1998, President Clinton directed ACTION: Notice of new, amended, altered On request the Department supplies executive departments and agencies and deleted systems of records. an appropriate aid, such as a reader or (agencies) to conduct a thorough review print magnifier, to an individual with a SUMMARY: The Acting Chief Information for accuracy and completeness of all disability who needs assistance to Officer for the Department of Education agency systems of records. The review the comments or other publishes this notice of New, Amended, President specifically directed agencies documents in the public rulemaking Altered and Deleted Systems of Records. to consider changes in technology, docket for this notice. An individual On May 14, 1998, the President directed function and organization that may have with a disability who wants to schedule executive departments and agencies to, made the systems out of date and to an appointment for this type of aid may among other things, review all systems review the routine uses published in the call (202) 205–9265 or (202) 260–0250. for accuracy, completeness and to system notices to make sure that they An individual who uses a TDD may call ensure that all routine uses are needed continue to be necessary and compatible the Federal Information Relay Service at and consistent with the purposes for with the purposes for which they were 1–800–877–8339 between 8 a.m. and 8 which the records were collected in collected. He also directed agencies to p.m., Eastern Time, Monday through each system. This document is a result identify systems that may not have been Friday. of that review. described in a notice published in the FOR FURTHER INFORMATION CONTACT: Bill DATES: Comments on the proposed Federal Register and to publish notices Burrow, Office of Chief Information routine uses for the systems of records for any changes to the agency systems Officer, Acting Information Management included in this notice must be received of records and report to the Office of Group Leader, U.S. Department of by the Department on or before July 6, Management and Budget within one Education, Room 5624 Regional Office 1999. The Department filed a report year regarding the results of their efforts. Building, 400 Maryland Avenue, SW., describing the new and altered systems The Act (5 U.S.C. 552a)(e)(4) requires Washington, DC 20202–4580. of records covered by this notice with the Department to publish in the Telephone: 202–401–0250. Individuals the Chair of the Committee on Federal Register this notice of changes who use a telecommunications device Governmental Affairs of the Senate, the to systems of records managed by the for the deaf (TDD) may call the Federal Chair of the Committee on Government Department. The Department’s Information Relay Service (FIRS) at 1– Reform and Oversight of the House, and regulations implementing the Act are 800–877–8339 between 8 a.m. and 8 the Administrator of the Office of contained in the Code of Federal p.m., Eastern time, Monday through Information and Regulatory Affairs, Regulations (CFR) in 34 CFR part 5b. Friday. Office of Management and Budget The Privacy Act of 1974 (Privacy Act), Individuals with disabilities may 5 U.S.C. 552a, applies to information (OMB) on May 14, 1999. The changes obtain this document in an alternate made in this notice will become about individuals that contain format (e.g., Braille, large print, individually identifiable information effective after the 30-day period for audiotape, or computer diskette) on OMB review of the systems expires on and that may be retrieved by a unique request to the contact person listed in identifier associated with each June 14, 1999; unless OMB gives the preceding paragraph. specific notice within the 30 days that individual, such as a name or social SUPPLEMENTARY INFORMATION: the changes are not approved for security number. The information about implementation or requests an Electronic Access to This Document each individual is called a ‘‘record’’ and the system, whether manual or additional 10 days for its review. The Anyone may view this document, as routine uses become effective 30 days computer-driven, is called a ‘‘system of well as all other Department of records.’’ The Act requires each agency after publication unless they need to be Education documents published in the changed as a result of public comment to publish notices of systems of records Federal Register, in text or Portable in the Federal Register and to prepare or OMB review. The Department will Document Format (PDF) on the World publish any changes to the routine uses. reports to the Office of Management and Wide Web at either of the following Budget (OMB) whenever the agency ADDRESSES: All comments on the sites: publishes a new or ‘‘altered’’ system of proposed routine uses should be http://ocfo.ed.gov/fedreg.htm records. A system is considered altered addressed to Bill Burrow, Office of Chief http://www.ed.gov/news.html whenever certain fundamental changes Information Officer, Acting Information To use the PDF you must have the are made to the system such as changing Management Group Leader, U.S. Adobe Acrobat Reader Program with from a manual to automated system of Department of Education, Room 5624 Search, which is available free at either records or whenever certain disclosures, Regional Office Building, 400 Maryland of the previous sites. If you have called ‘‘routine uses,’’ are changed in Avenue, SW., Washington, DC 20202– questions about using PDF, call the U.S. the system of records. 4580. Telephone: 202–401–0250. Government Printing Office toll free at Most of the changes made by this Comments may also be sent through the 1–888–293–6498. notice are technical in nature, reflecting Internet to: Anyone may also view these the current name and address of the [email protected] documents in text copy only on an office responsible for each system. Every You must include the term ‘‘System of electronic bulletin board of the effort has been made to update the Records’’ in the subject line of the Department. Telephone: (202) 219–1511 notices to make them more ‘‘reader electronic comment. or, toll free, 1–800–222–4922. The friendly,’’ dispensing with traditional All comments submitted in response documents are located under Option bureaucratic language. As part of that to this notice will be available for public G—Files/Announcements, Bulletins and process, all the routine uses have been inspection, during and after the Press Releases. updated and, where the Department

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Department is applying these revisions for Employees Traveling for the 18–08–01 Case Information System. to all of its systems of records, the Chief Department of Education. 18–08–02 Complaint Files and Log. Information Officer decided to treat all 18–40–0038 National Science Scholars 18–09–01 Administrative Claims. systems included in this notice as Program. 18–09–02 OGC-Attorney Applicant Files. altered systems of records. 18–42–0065 NIE Outside Experts. 18–09–03 Employee Conduct—Government Ethics. Many of the system notices included New Numbering System 18–09–04 Litigation Files, Administrative in this Federal Register notice have not Complaints, and Adverse Personnel been updated since they were published The Department establishes a new Actions. in a Federal Register compilation of numbering system for its systems of 18–10–01 Investigative Files of the Department system notices on April 20, records. The following list identifies Inspector General. 1982. As a result, revisions are needed each system notice published in this 18–10–02 Investigatory Material Complied to accurately describe the current document based on the new numbering for Personnel Security and Suitability systems of records. system. Purposes. 18–10–03 OIG Non-Federal Auditor Deleted Systems 18–01–01 Secretary’s Communication Referral, Suspension, and Debarment Control System. File. The Department identified 22 systems 18–01–02 Education Senior Management 18–10–04 Hotline Complaint Files of the to be deleted after finding that they are Biographies. Inspector General. either no longer needed to administer 18–02–01 Even Start Performance 18–11–01 Federal Student Aid Application the Department’s programs or activities Information Reporting System and File. or that they duplicate other systems Experimental Design Study. 18–11–02 Recipient Financial Management maintained by the Department or other 18–03–01 Debarment and Suspension System. agencies such as the Office of Personnel Proceedings Under Executive Order 18–11–03 Student Financial Assistance Management. The numbers for these 12549, the Drug-Free Workplace Act, and Validation File. systems are based on the identification the Federal Acquisition Regulations. 18–11–04 Student Financial Assistance— 18–03–02 Education’s Central Automated Student Complaint Files. system used by the Department up to Processing System (EDCAPS). 18–11–05 Title IV Program Files. this date. 18–03–03 Receivables Management System. 18–11–06 National Student Loan Data 18–07–0002 Congressional Correspondence. 18–03–04 Files and Lists of Potential and System. 18–11–0005 Safety Management Current Consultants, Grant Application 18–11–07 Student Financial Assistance Information System (Department of Reviewers, Peer Reviewers, and Site Collection Files. Education Accident, Injury and Illness Visitors. 18–11–08 Student Account Management Reporting System). 18–04–01 Freedom of Information, System. (Previously published in the 18–11–0007 Applicants for Employment Correspondence and Case Files. Federal Register of June 1, 1999). Records. 18–04–02 Freedom of Information Act and 18–11–09 Postsecondary Education 18–11–0010 Employee Alcoholism, Drug Privacy Act Tracking System. Participants System (PEPS). Abuse and Emotional Problem 18–05–01 Departmental Parking Control 18–12–01 Title IV Foreign Language and Counseling and Referral Records. Policy. Area Studies Program. 18–11–0011 Employee Appraisal Program 18–05–02 Family Educational Rights and 18–12–02 Fulbright-Hays Doctoral Records. Privacy Act (FERPA) and Protection of Dissertation Research Abroad, Fulbright- 18–11–0012 Executive Development Pupil Rights Amendment (PPRA) Record Hays Faculty Research Abroad, and Records System. Systems. Fulbright-Hays Seminars Abroad. 18–11–0018 Personnel Records in 18–05–03 Federal Personnel Payroll 18–12–03 Jacob K. Javits Fellows System. Operating Offices. System. 18–12–04 Title VI International Research 18–11–0019 Special Employment Programs. 18–05–04 Discrimination Complaints and Studies Program. 18–11–0020 Suitability for Employment Records System. 18–13–01 National Center for Education Records. 18–05–05 Grievances Filed Formally Under Statistics Longitudinal Studies and the 18–11–0025 Employee Suggestion Program the Administrative Grievance School and Staffing Surveys. Records. Procedures. 18–13–02 National Center for Education 18–20–0001 Fund for the Improvement of 18–05–06 Grievance Records Filed Under Statistics Affidavits of Nondisclosure. Postsecondary Education; FIPSE Field Procedures Established by Labor- 18–13–03 National Center for Education Readers to Review Proposals for the Management Negotiations. Statistics’ National Assessment of Department. 18–05–07 Unfair Labor Practice Records. Educational Progress. 18–40–0002 Registry of Deaf-Blind 18–05–08 Official Time Records of Union 18–13–04 Outcomes of Diversity in Higher Children/Regional-National. Officials and Bargaining Unit Employees Education Surveys. 18–40–0003 Students Participation in Deaf- at the Department of Education. 18–14–01 Educationally Disadvantaged Blind Programs Under Centers and 18–05–09 Voluntary Leave Transfer Students Attending Private Schools Services for Deaf-Blind Children. Program. Served Through Bypass Contracts. 18–40–0004 Parent Participants in Deaf- 18–05–10 General Performance Appraisal 18–14–02 Fellowships for Indian Blind Programs Provided by Regional System (GPAS). Students—Applications and Awards. Centers for Deaf-Blind Children. 18–05–11 Training Registration and 18–15–01 Bilingual Education Graduate 18–40–0005 Participant Waiting List for Information System (TRAINS). Fellowship Program. Projects Serving Severely Handicapped 18–05–12 Grievances Filed Informally New Systems of Records Children and Youth. through the Informal Dispute Resolution 18–40–0006 Participants of Projects Serving Center (IDR). Of the systems identified in the Severely Handicapped Children and 18–06–01 Federal Advisory Committee preceding list, the following systems of Youth. Membership Files. records have been identified as new:

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18–02–01 Even Start Performance CATEGORIES OF INDIVIDUALS COVERED BY THE member of Congress from the record of Information Reporting System and SYSTEM: an individual in response to an inquiry Experimental Design Study. This system contains records about from the member made at the written 18–04–02 Freedom of Information Act and individuals who have contacted the request of that individual. The Privacy Act Tracking System. Secretary, Deputy Secretary, Senior 18–05–09 Official Time Records of Union member’s right to the information is no Officials and Bargaining Unit Employees Officers or other officials of the greater than the right of the individual at the Department of Education. Department for whom the Department who requested it. 18–05–10 Voluntary Leave Transfer controls responses. (3) Litigation and Alternative Dispute Program. Resolution (ADR) Disclosures. CATEGORIES OF RECORDS IN THE SYSTEM: 18–05–11 General Performance Appraisal (a) Introduction. In the event that one System (GPAS). This system includes the following of the parties listed below is involved in 18–05–12 Training Registration and types of records: (1) The official litigation or ADR, or has an interest in Information System (TRAINS). correspondence files of each principal litigation or ADR, the Department may 18–07–01 Congressional Members’ office within the Department, and where disclose certain records to the parties Biographies. applicable, a principal office’s described in paragraphs (b), (c) or (d) of 18–07–01 Congressional Grant Notification component office, specifically the hard Control System. this routine use under the conditions copies of official documents and specified in those paragraphs: 18–11–07 Student Account Manager. electronic images of certain incoming 18–11–08 Postsecondary Education (i) The Department of Education, any Participants System (PEPS). and outgoing documents; (2) control component of the Department; or 18–12–03 Title VI International Research information from the Secretary’s, (ii) Any Department employee in his and Studies Program. Deputy Secretary’s, Senior Officers’ and or her official capacity; or 18–13–04 Outcomes of Diversity in Higher other officials’ correspondence that (iii) Any Department employee in his Education Surveys. include a subject narrative, the name of or her individual capacity if the 18–15–01 Bilingual Education Graduate the organization drafting the response Department of Justice (DOJ) has agreed Fellowship Program. and the type of action required from the to provide or arrange for representation The following systems of records are Department; and (3) records of for the employee; or in the current compilation of systems of responses to some telephone inquiries (iv) Any Department employee in his records and continue to be necessary for where officials determine that a written or her official capacity where the agency operation of Department programs or response should be controlled. has agreed to represent the employee; or activities. However, technical issues AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (v) The United States where the Department determines that the delayed their inclusion in this 5 U.S.C. 301. publication. The Department will litigation is likely to affect the publish revised notices for these PURPOSE(S): Department or any of its components. systems as soon as the technical issues This system of records is maintained (b) Disclosure to the DOJ. If the can be resolved. to account for the correspondence Department determines that disclosure of certain records to the DOJ is relevant 18–05–03 Federal Personnel Payroll received by the Department, including System. correspondence regarding individual and necessary to litigation or ADR, the 18–06–03 Presidential Scholars Files of concerns and complaints regarding Department may disclose those records Selected Participants. programs administered by the Secretary. as a routine use to the DOJ. 18–11–04 Student Financial Assistance— (c) Administrative Disclosure. If the Student Complaint Files. ROUTINE USES OF RECORDS MAINTAINED IN THE Department determines that disclosure 18–11–06 National Student Loan Data SYSTEM, INCLUDING CATEGORIES OF USERS AND of certain records to an adjudicative System. THE PURPOSE OF SUCH USES: body before which the Department is Dated: May 14, 1999. The Department of Education authorized to appear, an individual or Thomas P. Skelly, (Department) may disclose information entity designated by the Department or contained in a record in this system of Acting Chief Information Officer. otherwise empowered to resolve or records under the routine uses listed in mediate disputes is relevant and The Chief Information Officer of the this system of records without the necessary to the administrative U.S. Department of Education publishes consent of the individual if the litigation, the Department may disclose notice of the following systems of disclosure is compatible with the those records as a routine use to the records managed by the Department: purpose for which the record was adjudicative body, individual, or entity. collected. These disclosures may be 18±01±01 (d) Parties, counsels, representatives made on a case-by-case basis or, if the and witnesses. If the Department SYSTEM NAME: Department has complied with the determines that disclosure of certain computer matching requirements of the records to a party, counsel, Secretary’s Communications Control Act, under a computer matching System. representative or witness in litigation or agreement. an administrative proceeding in which (1) Government and Privacy SECURITY CLASSIFICATION: the Department has an interest is Organization Disclosure. The relevant and necessary to the litigation None. Department may disclose records to or proceeding, the Department may governmental entities and private SYSTEM LOCATION: disclose those records as a routine use organizations as necessary to resolve to the party, counsel, representative or Office of the Executive Secretariat, complaints, provide guidance, respond witness. Office of the Secretary, U.S. Department to requests for documents and of Education, 400 Maryland Avenue, information, and address concerns DISCLOSURE TO CONSUMER REPORTING SW., Room 7C114, Washington, DC regarding those entities and AGENCIES: 20202. See the Appendix at the end of organizations. Disclosures pursuant to 5 U.S.C. this system notice for additional system (2) Congressional Disclosure. The 552a(b) (12): The Department may locations. Department may disclose records to a disclose to a consumer reporting agency

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.005 pfrm02 PsN: 04JNN2 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30109 information regarding a claim by the Room 7C114, Washington, DC 20202. Program Management Analyst, Office of Department which is determined to be See Appendix the end of this system Educational Research and Improvement, valid and overdue as follows: (1) The notice for additional system managers. U.S. Department of Education, 555 New name, address, taxpayer identification Jersey Avenue, NE., Room 602, NOTIFICATION PROCEDURE: Washington, DC 20202. number and other information necessary Policy Coordinator Analyst, Office of to establish the identity of the If you wish to determine whether a Elementary and Secondary Education, individual responsible for the claim; (2) record exists regarding you in this U.S. Department of Education, 400 the amount, status and history of the system of records, contact the system Maryland Avenue, SW., Room 3W337, claim; and (3) the program under which manager at the address listed in the Washington, DC 20202. the claim arose. The Department may Appendix at the end of this system Operations Officer, Office of General disclose the information specified in notice. You should indicate your name, Counsel, U.S. Department of Education, this paragraph under 5 U.S.C. the date of the subject documents and 400 Maryland Avenue, SW., Room 552a(b)(12) and the procedures reasonable description of the subject 6E353, Washington, DC 20202. Staff Assistant, Office of Intergovernmental contained in subsection 31 U.S.C. matter of the issue involved. Your and Interagency Affairs, U.S. Department 3711(e). A consumer reporting agency to request must meet the requirements of of Education, 400 Maryland Avenue, which these disclosures may be made is the regulations at 34 CFR 5b.5, SW., Room 5E317, Washington, DC defined at 31 U.S.C. 3701(a)(3). including proof of identity. 20202. Director, Congressional Affairs, Office of POLICIES AND PRACTICES FOR STORING, RECORD ACCESS PROCEDURES: Legislation and Congressional Affairs, RETRIEVING, ACCESSING, RETAINING, AND U.S. Department of Education, 400 DISPOSING OF RECORDS IN THE SYSTEM: To gain access to records regarding you in this system of records, follow the Maryland Avenue, SW., Room 7E301, STORAGE: Washington, DC 20202. Notification Procedure described above. Director, Office of Management, U.S. The records are maintained in hard Your request must meet the Department of Education, 400 Maryland copy filed in standard file cabinets; requirements of the regulations at 34 Avenue, SW., Room 2W300, those stored electronically are located CFR 5b.5, including proof of identity. Washington, DC 20202. on computer disks and on backup Deputy Director, Office of Public Affairs, U.S. media. CONTESTING RECORD PROCEDURES: Department of Education, 400 Maryland If you wish to contest the content of Avenue, SW., Room 7E231, Washington, RETRIEVABILITY: a record regarding you in this system of DC 20202. Files are indexed and retrievable by records, contact the system manager at Management and Program Analyst, Office of subject, name of the individual or by the Postsecondary Education, U.S. the address listed in the Appendix at Department of Education, 400 Maryland document’s control number that is the end of this system notice, and assigned at the time the correspondence Avenue, SW., Room 4082, Washington, reasonably identify the record and DC 20202. is logged into the Department. specify the information to be contested. Customer Service Specialist, Office of Special SAFEGUARDS: Your request must meet the Education and Rehabilitative Services, requirements of the regulations at 34 U.S. Department of Education, 400 All physical access to the Department CFR 5b.7. Maryland Avenue, SW., Room 3113, of Education sites are controlled and Washington, DC 20202. monitored by security personnel who RECORD SOURCE CATEGORIES: Executive Secretariat Liaison, Office of check each individual entering the Vocational and Adult Education, U.S. building for his or her employee or Records are derived from documents Department of Education, 400 Maryland visitor badge. During working hours, addressed to or by the Secretary, the Avenue, SW., Room 4090, Washington, direct access to the file cabinets is Deputy Secretary, Senior Officials or DC 20202. other officials of the Department. limited to authorized staff. During non- 18±01±02 working hours, the rooms in which the SYSTEM EXEMPTED FROM CERTAIN PROVISIONS file cabinets are located are locked and OF THE ACT: SYSTEM NAME: only those individuals with access to None. Education Senior Management those rooms can access the hard copies Biographies. of records. Appendix to 18–01–01 The computer systems employed by Additional System Locations and System SECURITY CLASSIFICATION: the Department of Education offer a Managers None. high degree of resistance to tampering Director, Correspondence & Communication and circumvention. Control Unit, Office of the Executive SYSTEM LOCATION: Secretariat, Office of the Secretary, U.S. RETENTION AND DISPOSAL: Office of the Secretary, Office of Department of Education, 400 Maryland Hard copy records are transferred to Avenue, SW., Room 7C114, Washington, Public Affairs (OPA), U.S. Department the Washington National Records Center DC 20202. of Education, 400 Maryland Avenue, one year after cutoff then transferred to Management Analyst, Office of Chief SW., Room 7E200, Washington, DC the National Archives and Records Financial and Chief Information Office, 20202. Administration 10 years after cutoff. U.S. Department of Education, 400 Control records on computer are stored Maryland Avenue, SW., Room 4E213, CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: indefinitely. Electronic images are Washington, DC 20202. Supervisor, Management and Program retained based on regular records This system contains information on Analyst, Office for Civil Rights, U.S. Department of Education disposal or retention policies identical Department of Education, 330 C Street, to hard copies. SW., Room 5026, Washington, DC 20202. (Department)senior management Staff Assistant, Office of the Deputy officials, including the Secretary, SYSTEM MANAGER(S) AND ADDRESS: Secretary, U.S. Department of Education, Deputy Secretary, Under Secretary, Executive Secretariat, Office of the 400 Maryland Avenue, SW., Room General Counsel, and Assistant Secretary, 400 Maryland Avenue, SW., 7W210, Washington, DC 20202. Secretaries.

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CATEGORIES OF RECORDS IN THE SYSTEM: encouraged to access this information SECURITY CLASSIFICATION: This system consists of a short via the Department’s website (http:// None. biography and a standard portrait www.ed.gov). Hard copies are retrieved photograph, both of which the senior by the last name of the senior SYSTEM LOCATION(S): Department official may elect to Department official. provide. The biography includes the Division of the Planning and SAFEGUARDS: official’s name, title, office, and a brief Evaluation Service, Office of Elementary overview of the duties performed at the No safeguards are in place since the and Secondary Education, U.S. Department. Department senior management officials Department of Education, 400 Maryland agree to the release of this information Avenue, SW., Room 6W231, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to the general public. Washington, DC 20202. 5 U.S.C. 301 RETENTION AND DISPOSAL: Fu Associates, Ltd., 2300 Clarendon Boulevard, Suite 1400, Arlington, VA PURPOSES(S): Paper copies of biographical 22201. The information contained in this information of senior level officials are system is made available to the public transferred to the National Archives and CATEGORIES OF INDIVIDUALS COVERED BY THE and staff of the Department who have an Records Administration for permanent SYSTEM: interest in seeing the photographs or preservation at the end of each calendar reading the background information on year. Electronic copies of biographical This system contains records on the senior Department officials. information are periodically updated as families and individuals (parents and circumstances warrant due to children) who are participants in the ROUTINE USES OF RECORDS MAINTAINED IN THE promotions, reassignments, resignations study. SYSTEM, INCLUDING CATEGORIES OF USERS AND and death. THE PURPOSE OF SUCH USES: CATEGORIES OF RECORDS IN THE SYSTEM: The Department (Department) may SYSTEM MANAGER AND ADDRESS: This system consists of the names and disclose information contained in a Deputy Director, Office of Public addresses of the program participants as record in this system of records under Affairs (OPA), U.S. Department of well as their responses to interview the routine uses listed in this system of Education, 400 Maryland Avenue, SW., questions. records without the consent of the 7E200, Washington, DC 20202. individual if the disclosure is AUTHORITY FOR MAINTENANCE OF THE SYSTEM: compatible with the purposes for which NOTIFICATION PROCEDURE: the record was collected. These If you wish to determine whether a 20 U.S.C. 6369. disclosures may be made on a case-by- record exists regarding you in this case basis or, if the Department has system of records, provide the system PURPOSE(S): complied with the computer matching manager with your name, title and office The information in this system is used requirements of the Act, under a at the time your biographical for the following purposes: (1) To fulfill computer matching agreement. information was submitted. Requests for the requirement in the Even Start (1) General Interest Disclosure. The notification about an individual must legislation for evaluation of the records in this system may be released meet the requirements of the regulations effectiveness of the Even Start program; to the public who have an interest in the at 34 CFR 5b.5. (2) To respond to the requirements of background or photographs or both of RECORD ACCESS PROCEDURES: the Government Performance and Department senior officials. Results Act (GPRA) to report out If you wish to gain access to a record (2) Media Disclosure. The Department annually on indicators of program in this system, contact the system may disclose records in this system for performance; (3) To meet the evaluation manager and provide the information use by the news media and education requirements of the Education described above in the Notification organizations when preparing articles, Department’s General Administrative Procedure. interviews or presentations at meetings Regulations (EDGAR) which stipulate with senior Department officials. CONTESTING RECORD PROCEDURES: that all grantees conduct annual DISCLOSURE TO CONSUMER REPORTING If you wish to contest the content of evaluations; (4) To provide performance AGENCIES: a record, contact the system manager. data useful to local, State, and Federal Not applicable to this system notice. Any requests to amend a record must administrators, legislators, and policy- meet the regulations at 34 CFR 5b.7. makers for program improvement and POLICIES AND PRACTICES FOR STORING, policy development; (5) To improve on RETRIEVING, ACCESSING, RETAINING, AND RECORD SOURCE CATEGORIES: performance indicators that can be used DISPOSING OF RECORDS IN THE SYSTEM: Information in this system is obtained to review the program’s implementation STORAGE: from the Offices of the Secretary, the and impact; (6) To add to the knowledge The biographies and photographs are Deputy Secretary, the Under Secretary, base on the effects of family literacy available in electronic format on the the General Counsel and the Assistant programs by investigating the Department’s Internet website (http:// Secretaries. relationships between program www.ed.gov). Hard copies of the processes and outcomes; (7) To provide SYSTEM EXEMPTED FROM CERTAIN PROVISIONS evaluation data that can serve as a base biographies and photographs are kept in OF THE ACT: on which additional evaluation studies file cabinets in OPA and in the None. individual offices of the respective that might be funded separately could Department senior officials. 18-02-01 build; and (8) To provide an analysis of changes over time in areas such as the RETRIEVABILITY: SYSTEM NAME: types of families served by Even Start, The biographies and photographs are Even Start Performance Information the nature of Even Start projects, and indexed by the officials’ last names in Reporting System and Experimental the estimated gains made by adults and alphabetical order. The general public is Design Study. children while in the program.

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ROUTINE USES OF RECORDS MAINTAINED IN THE Department may disclose those records records. The researcher shall be SYSTEM, INCLUDING CATEGORIES OF USERS AND as a routine use to the party, counsel, required to maintain Privacy Act THE PURPOSE OF SUCH USES: representative or witness. safeguards with respect to the disclosed The Department of Education (2) Employment, Benefit, and records. (Department) may disclose information Contracting Disclosure. (6) Disclosure for Use by Other Law contained in a record in this system of (a) For Decisions by the Department. Enforcement Agencies. The Department records under the routine uses listed in The Department may disclose a record may disclose information to any this system of records without the to a Federal, State, or local agency Federal, State, local, or foreign agency consent of the individual if the maintaining civil, criminal, or other or other public authority responsible for disclosure is compatible with the relevant enforcement or other pertinent enforcing, investigating, or prosecuting purposes for which the record was records, or to another public authority violations of administrative, civil, or collected. These disclosures may be or professional organization, if criminal law or regulation if that made on a case-by-case basis or, if the necessary to obtain information relevant information is relevant to any Department has complied with the to a Department decision concerning the enforcement, regulatory, investigative, computer matching requirements of the hiring or retention of an employee or or prosecutive responsibility within the Act, under a computer matching other personnel action, the issuance of receiving entity’s jurisdiction. agreement. a security clearance, the letting of a (7) Employee Grievance, Complaint or (1) Litigation and Alternative Dispute contract, or the issuance of a license, Conduct Disclosure. The Department Resolution (ADR) Disclosures. grant, or other benefit. may disclose a record in this system of (a) Introduction. In the event that one (b) For Decisions by Other Public records to another agency of the Federal of the parties listed below is involved in Agencies and Professional Government if the record is relevant to litigation or ADR, or has an interest in Organizations. The Department may one of the following proceedings litigation ADR, the Department may disclose a record to a Federal, State, regarding a present or former employee disclose certain records to the parties local, or foreign agency or other public of the Department: complaint, described in paragraphs (b), (c) and (d) authority or professional organization, grievance, discipline or competence of this routine use under the conditions in connection with the hiring or determination proceedings. The specified in those paragraphs: retention of an employee or other disclosure may only be made during the personnel action, the issuance of a (i) The Department of Education, or course of the proceeding. security clearance, the reporting of an any component of the Department; or (8) Labor Organization Disclosure. A investigation of an employee, the letting (ii) Any Department employee in his component of the Department may of a contract, or the issuance of a or her official capacity; or disclose records to a labor organization (iii) Any Department employee in his license, grant, or other benefit, to the if a contract between the component or her individual capacity if the extent that the record is relevant and and a labor organization recognized Department of Justice (DOJ) has agreed necessary to the receiving entity’s under Title V of the United States Code, to provide or arrange for representation decision on the matter. Chapter 71, provides that the for the employee; (3) Freedom of Information Act Department will disclose personal (iv) Any Department employee in his (FOIA) Advice Disclosure. The records relevant to the organization’s or her individual capacity where the Department may disclose records to the mission. The disclosures will be made agency has agreed to represent the Department of Justice and the Office of only as authorized by law. employee; or Management and Budget if the (v) The United States where the Department concludes that disclosure is DISCLOSURE TO CONSUMER REPORTING Department determines that the desirable or necessary in determining AGENCIES: litigation is likely to affect the whether particular records are required Not applicable to this system notice. Department or any of its components. to be disclosed under the FOIA. (b) Disclosure to the DOJ. If the (4) Contract Disclosure. If the POLICIES AND PRACTICES FOR STORING, Department determines that disclosure Department contracts with an entity for RETRIEVING, ACCESSING, RETAINING, AND of certain records to the DOJ is relevant the purposes of performing any function DISPOSING OF RECORDS IN THE SYSTEM: and necessary to litigation or ADR, the that requires disclosure of records in STORAGE: Department may disclose those records this system to employees of the The Department maintained records as a routine use to the DOJ. contractor, the Department may disclose on CD–ROM and the contractor (c) Administrative Disclosures. If the the records to those employees. Before maintains data for this system on Department determines that disclosure entering into such a contract, the computers and in hard copy. of certain records to an adjudicative Department shall require the contractor body before which the Department is to maintain Privacy Act safeguards as RETRIEVABILITY: authorized to appear, an individual or required under 5 U.S.C. 552a(m) with Records in this system are indexed by entity designated by the Department or respect to the records in the system. a number assigned to each individual otherwise empowered to resolve or (5) Research Disclosure. The which is cross referenced by the mediate disputes is relevant and Department may disclose records to a individual’s name on a separate list. necessary to the administrative researcher if an appropriate official of litigation, the Department may disclose the Department determines that the SAFEGUARDS: those records as a routine use to the individual or organization to which the All physical access to the Department adjudicative body, individual, or entity. disclosure would be made is qualified to of Education site, and the sites of (d) Parties, counsels, representatives carry out specific research related to Department contractors where this and witnesses. If the Department functions or purposes of this system of system of records is maintained, is determines that disclosure of certain records. The official may disclose controlled and monitored by security records to a party, counsel, records from this system of records to personnel who check each individual representative or witness in an that researcher solely for the purpose of entering the building for his or her administrative proceeding is relevant carrying out that research related to the employee or visitor badge.The computer and necessary to the litigation, the functions or purposes of this system of system employed by the Department

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All Drug-Free Workplace Act, and actions proposed or completed debarments or users of this system of records are given under the FAR 9.4: Contracts & suspensions, and a record of any a unique user ID with personal Purchasing Office, Office of the Chief findings from debarment or suspension identifiers. All interactions by Financial Officer, U.S. Department of proceedings against individuals under individual users with the system are Education, Seventh and D Streets, SW., E.O. 12549, the Drug-Free Workplace recorded. Room 3600, ROB-3, Washington, DC Act, and the FAR 9.4. 20202–4249. RETENTION AND DISPOSAL: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: For records regarding actions under Records are maintained and disposed E.O. 12549 against an individual Executive Order 12549, Debarment of in accordance with the Department of certified public accountant or principals and Suspension; secs. 5151–5160 of the Education’s Records Disposition of a CPA firm: Planning, Analysis, and Drug-Free Workplace Act; and the Schedules (ED/RDS). Management Services, Office of Federal Acquisition Regulation, 48 CFR Inspector General, U.S. Department of part 9, subpart 9.4, Debarment, SYSTEM MANAGER(S) AND ADDRESS: Education, 330 C Street, SW., Room Suspension, and Ineligibility; Pub. L. Director, Division of the Planning and 4022, Switzer Building, Washington, DC 103–355, sec. 2455. Evaluation Service, Office of the 20202–1510. PURPOSE(S): Elementary and Secondary Education, For records regarding actions under U.S. Department of Education, 400 Information contained in this system E.O. 12549 against principals of of records is used to protect the Federal Maryland Avenue, SW., Room 6W231, institutions of higher education, Washington, DC 20202. Government from the actions prohibited principals of lenders, or principals of under the Department of Education NOTIFICATION PROCEDURE: guarantee agencies: Administrative (Department) debarment and suspension Actions and Appeals Division, regulations, Drug-Free Workplace If you wish to determine whether a Institutional Participation and Oversight record exists regarding you in the regulations, and the FAR; make Service, Office of Student Financial decisions regarding debarments and system of records, contact the system Assistance Programs, U.S. Department manager. Your request must meet the suspensions; and ensure that other of Education, Seventh & D Streets, SW., Federal agencies give effect to requirements of regulations at 34 CFR Room 3082, ROB–3, Washington, DC 5b.5, including proof of identity. debarment or suspension decisions 20202–5267. rendered by the Department. RECORD ACCESS PROCEDURES: CATEGORIES OF INDIVIDUALS COVERED BY THE ROUTINE USES OF RECORDS MAINTAINED IN THE If you wish to gain access to a record SYSTEM: SYSTEM, INCLUDING CATEGORIES OF USERS AND regarding you in the system of records, Principals undergoing debarment or THE PURPOSE OF SUCH USES: contact the system manager. Your suspension proceedings and principals The Department may disclose request must meet the requirements of that have been debarred or suspended. information contained in a record in the regulations at 34 CFR 5b.5, Principals are officers, directors, this system of records under the routine including proof of identity. owners, partners, key employees, or uses listed in this system of records CONTESTING RECORD PROCEDURES: other persons who have a critical without the consent of the individual if influence on or substantive control over the disclosure is compatible with the If you wish to contest the content of a covered transaction, whether or not purposes for which the record was a record regarding you in the system of employed by a participant. A collected. These disclosures may be records, contact the system manager. participant is any person who submits made on a case-by-case basis or, if the Your request must meet the a proposal for, enters into, or reasonably Department has complied with the requirements of the regulations at 34 may be expected to enter into a covered computer matching requirements of the CFR 5b.7. transaction. A covered transaction is Act, under a computer matching RECORD SOURCE CATEGORIES: described in the Department’s agreement. regulations at 34 CFR 85.110(a)(1). (1) Litigation Disclosure. In the event Responses from program participants. Individuals receiving grants subject to that one of the parties listed below is SYSTEM EXEMPTED FROM CERTAIN PROVISIONS requirements under the Drug-Free involved in litigation, or has an interest OF THE ACT: Workplace Act. Individual contractors in litigation, the Department may undergoing debarment or suspension disclose certain records to the parties None. proceedings and contractors that have described in paragraphs (2), (3), and (4) 18±03±01 been debarred or suspended. of this routine use under the conditions Contractors covered by this system of specified in those paragraphs: SYSTEM NAME: records are individuals that directly or (i) The Department of Education, or Debarment and Suspension indirectly submit offers for or are any component of the Department; or Proceedings under Executive Order awarded, or may reasonably be expected (ii) Any Department employee in his (E.O.) 12549, the Drug-Free Workplace to submit offers for or be awarded, a or her official capacity; or Act, and the Federal Acquisition government contract, or who conduct (iii) Any employee of Department in Regulation. business, or may reasonably be expected his or her individual capacity where the to conduct business with the Department of Justice has agreed to SECURITY CLASSIFICATION: Department as an agent or provide or arrange for representation for None. representative of another contractor. the employee; or

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(iv) Any employee of Department in appropriate agency, whether foreign, file cabinets. Immediate access to these his or her individual capacity where the Federal, State, tribal, or local, charged records is restricted to authorized staff. agency has agreed to represent the with the responsibility of investigating RETENTION AND DISPOSAL: employee; or or prosecuting such violation or charged (v) The United States where with enforcing or implementing the Pending disposal, Debarment and Department determines that the statute, or executive order or rule, Suspension records are retained at the litigation is likely to affect the regulation, or order issued pursuant system location. The Department will Department or any of its components. thereto. retain and dispose of the records in (2) Disclosure to the Department of (8) FOIA Advice Disclosure. In the accordance with the Department of Justice. If the Department determines event the Department deems it desirable Education Records Disposition that disclosure of certain records to the or necessary, in determining whether Schedules (ED/RDS). Department of Justice or attorneys particular records are required to be SYSTEM MANAGER(S) AND ADDRESS: engaged by the Department of Justice is disclosed under the Freedom of Director, Grants Policy & Oversight relevant and necessary to litigation and Information Act, disclosure may be is compatible with the purpose for Staff, Contracts & Purchasing Office, made to the Department of Justice for Office of the Chief Financial Officer, which the records were collected, the the purpose of obtaining its advice. Department may disclose those records U.S. Department of Education, 400 (9) Contract disclosure. If the Maryland Avenue, SW., Room 3652, as a routine use to the Department of Department contracts with an entity for Justice. ROB–3, Washington, DC 20202–0498. the purpose of performing any function Assistant Inspector General for (3) Administrative Disclosures. If the that requires disclosure of records in Department determines that disclosure Planning, Analysis, and Management this system to employees of the Services, Office of Inspector General, of certain records to an adjudicative contractor, the Department may disclose body before which the Department is U.S. Department of Education, the records as a routine use to those Maryland Avenue, SW., Room 4022, authorized to appear, individual or employees. Before entering such a entity designated by the Department or Mary E. Switzer Building, Washington, contract, the Department shall require DC 20202–1510. otherwise empowered to resolve the contractor to maintain Privacy Act disputes is relevant and necessary to the Director, Administrative Actions and safeguards as required under 5 U.S.C. Appeals Division, Institutional administrative litigation and is 552a(m) with respect to the records in compatible with the purposes for which Participation and Oversight Service, the system. Office of Student Financial Assistance the records were collected, the (10) Research Disclosure. Where the Department may disclose those records Programs, U.S. Department of appropriate official of the Department Education, 400 Maryland Avenue, SW., as a routine use to the adjudicative determines that an individual or body, individual or entity. Room 3082, ROB–3, Washington, DC organization is qualified to carry out 20202–5267. (4) Opposing counsels, representatives specific research, that official may and witnesses. If the Department disclose information from this system of NOTIFICATION PROCEDURE: determines that disclosure of certain records to that researcher solely for the If an individual wishes to determine records to an opposing counsel, purpose of carrying out that research. whether a record exists regarding him or representative or witness in an The researcher shall be required to her in this system of records, the administrative proceeding is relevant maintain Privacy Act safeguards with individual must provide the system and necessary to the litigation and is respect to such records. manager his or her name, date of birth compatible with the purpose for which (11) Congressional Member and social security number. Requests for the records were collected, the Disclosure. The Department may notification about an individual record Department may disclose those records disclose records to a member of must meet the requirements of the as a routine use to the counsel, Congress from the record of an regulations at 34 CFR 5b.5. representative or witness. individual in response to an inquiry (5) Disclosure to the General Services RECORD ACCESS PROCEDURES: from the member made at the written Administration. The Department makes request of that individual. The If an individual wishes to gain access information contained in this system of member’s right to the information is no to a record in this system, he or she records available to the General Services greater than the right of the individual must contact the system manager and Administration for inclusion in the Lists who requested it. provide information as described in the of Parties Excluded from Federal notification procedure. Requests for Procurement or Nonprocurement POLICIES AND PRACTICES FOR STORING, access to an individual’s record must Programs. RETRIEVING, ACCESSING, RETAINING, AND meet the requirements of the regulations (6) Disclosure to the Public. The DISPOSING OF RECORDS IN THE SYSTEM: at 34 CFR 5b.5. Consistent with 5 U.S.C. Department provides information to STORAGE: 552a(e)(5), the Department retains the persons inquiring about individuals Records are kept in file folders in discretion not to disclose records to an who have been debarred or suspended locked file cabinets. individual during the course of a by the Department as necessary to debarment or suspension proceeding enforce debarment and suspension RETRIEVABILITY: against the individual. actions. The records are indexed by the names (7) Enforcement Disclosure. In the of the individuals. CONTESTING RECORD PROCEDURES: event that information in this system of If an individual wishes to change the records indicates, either on its face or in SAFEGUARDS: content of a record in the system of connection with other information, a All physical access to the site where records, he or she must contact the violation or potential violation of any this system of records is maintained is system manager with the information applicable statute, regulation, or order controlled and monitored by security described in the notification procedure, of a competent authority, the relevant personnel who check each individual identify the specific item(s) to be records in the system of records may be entering the building for his or her changed, and provide a written referred, as a routine use, to the employee badge. Files are kept in locked justification for the change, including

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Summary the management of grants and contracts, department for performing services for payment data are returned to FMSS for and other organizations or persons that the Department. Although EDCAPS processing. GAPS maintains a record of may have relevant information contains information about institutions grant awards by the Department, regarding participants and their associated with individuals, the purpose including management information principals. for which the Department collects and collected during the award process. maintains information under this Payment information is retrievable in SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS system of records, and its usage of this GAPS by Taxpayer Identification OF THE ACT: information, pertains only to Number (TIN). The TIN for an None. individuals protected under the Privacy individual is the social security number. Act of 1974 (5 U.S.C. 552a). The name, mailing address and other 18±03±02 characteristic data related to federal CATEGORIES OF RECORDS IN THE SYSTEM: grants or institutional loans are also SYSTEM NAME: Records in this system contain the maintained. individual’s name, address, Social Education’s Central Automated Security number, eligibility codes, CPSS (Contract and Purchasing Support Processing System (EDCAPS). detailed and summary obligation data, System) The purpose of CPSS is to administer SECURITY CLASSIFICATION: reports of expenditures, and grant management data, including application the contracts award process from None. and close out information. planning to closeout. CPSS shares information with FMSS. CPSS SYSTEM LOCATION(S): AUTHORITY FOR MAINTENANCE OF THE SYSTEM: maintains a record of contact awards by Recipient System (RS), Payment 44 U.S.C. 301. the Department, including management information collected during the award Management Service & Reporting Unit, PURPOSE(S): Financial Payments & Cash Management process. Operations, Office of the Chief Financial The purpose of EDCAPS is to Officer, U.S. Department of Education, maintain financial and management ROUTINE USES OF RECORDS MAINTAINED IN THE records associated with the normal SYSTEM, INCLUDING CATEGORIES OF USERS AND 400 Maryland Avenue, SW., Room THE PURPOSE OF SUCH USES: 4W202, Washington, DC 20202. operations of the Department. Records are used for managing grant and The Department of Education Financial Management Software contract awards, making payments, (Department) may disclose information System (FMSS), General Ledger Systems accounting for goods and services contained in a record in this system of Group, Financial Reporting and Systems provided and received, enforcing records under the routine uses listed in Operations, Office of the Chief Financial eligibility requirements, conditions in this system of records without the Officer, U.S. Department of Education, awards and U.S. law relating to consent of the individual if the 400 Maryland Avenue, SW., Room transactions covered by the system, and disclosure is compatible with the 4W202, Washington, DC 20202. defending the Department in actions purposes for which the record was Contracts and Purchasing Support relating to those transactions. EDCAPS collected. These disclosures may be System, Support Services Group, consists of four subsystems, as follows: made on a case-by-case basis or, if the Contracts and Purchasing Operations, RS (Recipient System) Department has complied with the Office of the Chief Financial Officer, computer matching agreement. U.S. Department of Education, Seventh RS serves as the recipient database for (a) Litigation disclosure. & D Streets, SW., Room 3616, ROB–3, EDCAPS land the central repository of (1) Disclosure to the Department of Washington, DC 20202–4651. Contracts recipients having a relationship with the Justice. If the Department determines and Purchasing Support System (CPSS) Department (e.g., receiving grantees.) It that disclosure of certain records to the National Finance Center, Department of maintains core information about a Department of Justice is relevant and Agriculture, New Orleans, Louisiana. recipient and tracks reference data to necessary to litigation and is compatible support information on recipients (e.g., Grants Administration and Payments with the purpose for which the records countries, states, and congressional System (GAPS) Grants and Contract were collected, the Department may districts). Management System (GCMS) and the disclose those records as a routine use Payment Management System (PMS). FMSS (Financial Management Software to the Department of Justice. Such a The grant application portion of GAPS System) disclosure may be made in the event will be managed by the Grants Policy & The purpose of FMSS is to serve as that one of the parties listed below is Oversight Staff, Office of the Chief the official general ledger for the involved in the litigation, or has an Financial Officer, GSA Regional Office Department. It also performs all funds interest in such litigation: Building 3, Seventh & D Streets, SW, control checks for all EDCAPS (i) The Department or any component Room 3652, Washington, DC 20202– obligations, either by the GAPS or by a of the Department; or 4651. The GAPS payment process will contractor of the Department. FMSS (ii) Any employee of the Department be managed by Payment Management maintains detailed information about in his or her official capacity; or Service & Reporting Unit, Financial obligations paid to the contractor and (iii) Any employee of the Department Payments & Cash Management maintains general ledger level balance in his or her individual capacity where Operations, Office of the Chief Financial information for obligations paid directly the Department of Justice has agreed to Officer, Washington, DC 20202. by the Department through GAPS. represent the employee; or

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(iv) Any employee of the Department applicable statute, regulation, or order The data is maintained in a secured- in his or her individual capacity where of a competent authority, the relevant access area. the agency has agreed to represent the records in the system of records may be employer; or referred, as a routine use, to the RETENTION AND DISPOSAL: (v) The United States where the appropriate agency, whether foreign, Files are regularly updated. Records Department determines that the Federal, State, Tribal, or local, charged are maintained for ten years. Inactive litigation is likely to affect the with the responsibility of investigating records are purged from the automated Department or any of its components. or prosecuting such violation or charged file every five years. (2) Other litigation disclosures. If the with enforcing or implementing the Department determine that disclosure of statute, or executive order or rule, SYSTEM MANAGER(S) AND ADDRESS: certain records to a court, adjudicative regulation, or order issued pursuant The Registry System is managed by body before which the Department is thereto. the Payment Management Service & authorized to appear, individual or (e) Congressional member disclosure. Reporting Unit, Financial Payments & entity designated by the Department or The Department may disclose records to Cash Management Operations, Office of otherwise empowered to resolve a member of Congress from the record the Chief Financial Officer, U.S. disputes, counsel or other of an individual in response to an Department of Education, Washington, representative, or potential witness is inquiry from the member made at the DC 20202. relevant and necessary to litigation and written request of that individual. The The Financial Management Software is compatible with the purpose for member’s right to the information is no System is managed by the General which the records were collected, the greater than the right of the individual Ledger Systems Group, Financial Department may disclose those records who requested it. Reporting and Systems Operations, as a routine use to the court, Office of the Chief Financial Officer, adjudicative body individual or entity, DISCLOSURE TO A CONSUMER REPORTING U.S. Department of Education, 400 AGENCY: counsel or other representative, or Maryland Avenue, SW., Washington, witness. Such a disclosure may be made Disclosures pursuant to 5 U.S.C. DC 20202. 552(a)(b)(12): The Department may in the event that one of the parties listed The Contracts and Purchasing disclose to a consumer reporting agency below is involved in the litigation, or Support System is managed by the information regarding a claim by the has an interest in the litigation; Support Services Group, Contracts and (i) The Department or any component Department which is determined to be Purchasing Operations, Office of the of the Department; or valid and overdue as follows: (1) The Chief Financial Officer, U.S. Department (ii) Any employee of the Department name, address, taxpayer identification of Education, 400 Maryland Avenue, in his or her official capacity; or number and other information necessary SW., Room 3616, ROB–3, Washington, (iii) Any employee of the Department to establish the identity of the DC 20202–4651. in his or her individual capacity where individual responsible for the claim; (2) the Department has agreed to represent the amount, status, and history of the The grant application portion of the the employee; or claim and (3) the program under which Grants Administration and Payments (iv) The United States where the the claim arose. The Department may System will be managed by the Grants Department determines that litigation is disclose the information specified in Policy & Oversight Staff, Office of the likely to affect the Department or any of this paragraph under 5 U.S.C. 552a(e)(4) Chief Financial Officer, U.S. Department its components. and the procedures contained in of Education, Room 3652, ROB–3, (b) FOIA advice of disclosure. In the subsection 31 U.S.C. 3711(f). A Washington, DC 20202–4651. The GAPS event the Department deems it desirable consumer reporting agency to which payment process will be managed by or necessary, in determining whether these disclosures may be made is Payment Management Service & particular records are required to be defined at 31 U.S.C. 3701(a)(3). Reporting Unit, Financial Payments & disclosed under the Freedom of Cash Management Operations, Office of Information Act or other authority POLICIES AND PRACTICES FOR STORING, the Chief Financial Officer, U.S. permitting disclosure of records, RETRIEVING, ACCESSING, RETAINING, AND Department of Education, 400 Maryland disclosure may be made to the DISPOSING OF RECORDS IN THE SYSTEMS: Avenue, SW., Room 3332, Washington, Department of Justice for the purpose of STORAGE: DC 20202. obtaining its advice. Records are maintained on microfilm, NOTIFICATION PROCEDURE: (c) Contract disclosure. The microfiche, disk packs and magnetic Department may disclose information tapes and stored in a retrievable file If an individual wishes to determine from this system of records as a routine system. whether a record pertaining to him or use to the private firm or contractor herself is the system of records, the with which the Department RETRIEVABILITY: individual should provide his or her contemplates it will contract or with Records are indexed by name, or other name and Social Security number to the which it has contracted for the purpose individual identifier, and TIN. The appropriate system manager. Such of performing any functions or analyses records are retrieved by a manual or request must meet the requirements in that facilitate or are relevant to an computer search by indices. the regulations at 34 CFR 5b.5. investigation, audit, inspection, or other inquiry. Such contract or private firm SAFEGUARDS: RECORD ACCESS PROCEDURES: shall be required to maintain Privacy Direct access is restricted to If an individual wishes to gain access Act safeguards with respect to such authorized Department staff performing to a record in this system, he or she information. official duties. Authorized staff are should contact the appropriate system (d) Enforcement disclosure. In the assigned passwords which must be used manager and provide information as event that information in this system of for access to computerized data. Also, described in the notification procedure. records indicates, either on its face or in an additional password is necessary to Requests by an individual for access to connection with other information, a gain access to the system. The system- a record must meet the requirements in violation or potential violation or any access password is changed frequently. the regulations at 34 CFR 5b.5.

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CONTESTING RECORD PROCEDURES: their work requirements as described in consent of the individual if the If an individual wishes to change the the Bilingual Education Fellowship disclosure is compatible with the content of a record pertaining to himself Program Contract, individuals who have purposes for which the record was or herself that is contained in the system received funds through the collected. Disclosures under the or records, he or she should contact the Rehabilitation Services Administration following routine uses may be made on appropriate system manager with the (RSA) Scholarship program and who a case-by-case basis or, in appropriate information described in the have not provided evidence of fulfilling circumstances under computer notification procedure, identify the their obligations under that program, matching agreements authorized under specific items requested to be changed, current and former Department the Privacy Act of 1974 (5 U.S.C. 552a). and provide a justification for such employees who received overpayments Records may be disclosed for the change. A request to amend a record on travel allowances or who received following debt servicing program must meet the requirements in the salary overpayments and the purposes: regulations at 34 CFR 5b.7. overpayments have not been waived by (a) Program purposes: (1) To verify the Department, individuals who were the identity and location of the debtor, RECORD SOURCE CATEGORIES: overpaid or inappropriately paid under disclosures may be made to credit Information in this system will be grant programs administered by the agencies and Federal agencies. (2) To obtained from applicants applying for a Department other than Title IV of the enforce the terms of a loan or where Department contract, grant, or loan at Higher Education Act of 1965, as disclosure is required by Federal law, the time of application. Information will amended (HEA) and claims against disclosure may be made to credit also be obtained from Department individuals, including orders by a court agencies, educational and financial program offices, employees, consultants, or other authority to make restitution for institutions, and Federal, State, or local and others performing personnel the misuse of Federal funds in agencies. services for the Department. connection with any program (b) Debt servicing. Records under administered by the Department. routine use may be disclosed to the SYSTEM EXEMPTED FROM CERTAIN PROVISIONS United States Department of the OF THE ACT: CATEGORIES OF RECORDS IN THE SYSTEM: Treasury and privately contracted None. Documents maintained in the system collection companies for debt servicing. include: activity logs, copies of checks, 18±03±03 (c) Litigation disclosure. (1) In the contracts, court orders, letters of notice, event that one of the parties listed below SYSTEM NAME: promissory notes, telephone logs, and is involved in litigation, or has an Receivables Management System. related correspondence. interest in litigation, the Department AUTHORITY FOR MAINTENANCE OF THE SYSTEM: may disclose certain records to the SECURITY CLASSIFICATION: parties described in paragraphs (2), (3) Federal Claims Collection Act of None. and (4) of this routine use under the 1966; Debt Collection Act of 1982; and conditions specified in those SYSTEM LOCATIONS: the Debt Collection Improvement Act of paragraphs: Office of the Chief Financial Officer, 1996. (i) The Department, or any component Financial Improvement and Receivables PURPOSE(S): of the Department; Group, U.S. Department of Education, The Receivables Management System (ii) Any Department employee in his 400 Maryland Avenue, SW., is a database system that is kept for or her official capacity; Washington, DC 20202–4330. servicing general consumer debts owed (iii) Any employee of the Department Office of the Chief Information to the Department and issuing reports of in his or her individual capacity where Officer, U.S. Department of Education, operations and the status of accounts to the Department of Justice (DOJ) has Seventh and D Streets, SW., the U.S. Department of Treasury agreed to provide or arrange for Washington, DC 20202. (Treasury) and the Office of representation for the employee; Nationwide Credit, Inc., Credit Claims Management and Budget. The (iv) Any employee of the Department and Collection, 2253 Northwest receivables are generated from bills to in his or her individual capacity where Parkway, Marietta, GA 30067. individuals for materials and services the agency has agreed to represent the Payco American Corporation, 180 N. from the Department, claims arising employee; or (v) The United States where the Executive Drive, Brookfield, WI 53005– from court-ordered restitutions for any Department determines that the 6011. program administered by the litigation is likely to affect the CSC Credit Services, Inc., 7909 Department, loans and overpayments to Department or any of its components. Parkwood Circle, Suite 200, Houston, individuals under programs other than TX 77036–6565. (2) Disclosure to the DOJ. If the the student financial assistance Department determines that disclosure CATEGORIES OF INDIVIDUALS COVERED BY THE programs authorized under Title IV of of certain records to the DOJ is relevant SYSTEM: the Higher Education Act of 1965, as and necessary to litigation and is Individuals covered by the system amended. compatible with the purpose for which Records will be used by debt servicing include: Persons billed by the the records were collected, the staff to bill debtors to the Department Department of Education (Department) Department may disclose those records and collect the debts. for materials and services such as as a routine use to the DOJ. Freedom of Information Act requests ROUTINE USES OF RECORDS MAINTAINED IN THE (3) Administrative Disclosures. If the and computer tapes of statistical data, SYSTEM, INCLUDING CATEGORIES OF USERS AND Department determines that disclosure persons ordered by a court of law to pay THE PURPOSE OF SUCH USES: of certain records to an adjudicative restitutions to the Department, The Department of Education body before which the Department is individuals who received grants under (Department) may disclose information authorized to appear, an individual or the Bilingual Education Fellowship contained in a record in this system of entity designated by the Department or Program and who have not provided records under the routine uses listed in otherwise empowered to resolve evidence to the Department of fulfilling this system of records without the disputes is relevant and necessary to the

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The disclosures will be made building for an employee’s or visitor’s determines that disclosure of certain only as authorized by law. badge. records to an opposing counsel, (10) Research disclosure. Records The computer system employed by representative or witness in an under this routine use may be disclosed the Department offers a high degree of administrative proceeding is relevant whenever an appropriate official of the resistance to tampering and and necessary to the litigation and is Department determines that an circumvention. This security system compatible with the purpose for which individual or organization is qualified to limits data access to Department of the records were collected, the carry out specific research related to Education and contract staff on a ‘‘need- Department may disclose those records functions or purposes of this system of to-know’’ basis, and controls individual as a routine use to the counsel, records. The official may disclose users’ ability to access and alter records representative or witness. records from this system of records to within the system. All users of this (5) Enforcement disclosure. In the that researcher solely for the purpose of system are given a unique user ID. All event that information in this system of carrying out that research related to the interactions by individual users with records indicates, either on its face or in functions or purposes of this system of the system are recorded. connection with other information, a records. The researcher is required to At contractor sites, access to all violation or potential violation of any maintain Privacy Act safeguards with automated data processing facilities are applicable statute, regulation, or order respect to these records. restricted by photo identification, sign- of a competent authority, the relevant in and out logs, CYPHER locks, or ID records in the system of records may be (11) Freedom of Information Act card readers. Smoke and fire detection referred, as a routine use, to the (FOIA) Advice Disclosure. Records devices are installed and maintained appropriate agency, whether foreign, under this routine use may be disclosed operational on all facilities including Federal, State, Tribal, or local, charged to the DOJ and the OMB in the event tape and disk library areas. Physical with the responsibility of investigating that the Department deems it desirable security of the building involves or prosecuting this violation or charged or necessary in determining whether restricted access as well as 24-hour with enforcing or implementing the particular records are required to be security guard at the ground-floor statute, or executive order or rule, disclosed under the FOIA. entrance to the building. Access to regulation, or order issued pursuant (12) Disclosure to the Department of building is obtained through the use of thereto. Justice. Records may be disclosed under (6) Contract disclosure. If the this routine use to the DOJ from this key entry doors. The system permits Department contracts with an entity for system of records as a routine use to the entry to an individual only with an the purpose of performing any function extent necessary for obtaining DOJ access code. that requires disclosure of records in advice on any matter relevant to an RETENTION AND DISPOSAL: this system to employees of the audit, inspection, or other inquiry Records are disposed of in accordance contractor, the Department may disclose related to the programs covered by this with the National Archives and Records the records as a routine use to those system. Administration’s General Records employees. Before entering into a (13) Congressional member Schedule (GRS) 6, items 1a, 10b, and contract, the Department shall require disclosure. The Department may 10c; and GRS 7. the contractor to maintain Privacy Act disclose information from this system of safeguards as required under 5 U.S.C. records to a member of Congress from SYSTEM MANAGERS AND ADDRESS: 552a(m) with respect to the records in the record of an individual in response Director, Financial Improvement and the system. to an inquiry from the member made at Receivables Group, Office of the Chief (7) Disclosure to the Office of the written request of that individual. Financial Officer, U.S. Department of Management and Budget (OMB) for The Members’ right to the information Education, 400 Maryland Avenue, SW., Credit Reform Act (CRA) Support. The is no greater than the right of the Room 3117, Washington, DC 20202– Department may disclose individually individual who requested it. 4330. identifiable information to OMB as necessary to fulfill CRA requirements. POLICIES AND PRACTICES FOR STORING, NOTIFICATION PROCEDURE: (8) Employee grievance, complaint or RETRIEVING, ACCESSING, RETAINING, AND If an individual wishes to determine conduct disclosure. Records may be DISPOSING OF RECORDS IN THE SYSTEM: whether a record exists regarding him or disclosed if a record maintained in this STORAGE: her in this system of records, the system of records is relevant to present individual should provide the system or former employee grievance, Records under this system will be manager his or her name, Social complaint, discipline or competence kept on paper files in metal file cabinets Security number, case or loan number, determination proceedings of another and in data files in computers. They are or other debt identifying number. agency of the Federal Government. In stored in desk top and mainframe Requests for notification about an this case, the Department may disclose computers with records backed up on individual must meet the requirements the record as a routine use in the course magnetic media. in the regulations at 34 CFR 5b.5. of the proceedings if the disclosure is compatible with the purposes for this RETRIEVABILITY: RECORD ACCESS PROCEDURES: system of records. The data will be retrieved by name, If an individual wishes to gain access (9) Labor organization disclosure. loan or case number, or Social Security to a record in this system, he or she Records under this routine use may be number. should contact the system manager and

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A record from this system of records content of a record in the system of may be disclosed as a ‘‘routine use’’ to ROUTINE USES OF RECORDS MAINTAINED IN THE records, he or she should contact the a Federal, state, or local agency SYSTEM, INCLUDING CATEGORIES OF USERS AND maintaining civil, criminal or other system manager with the information PURPOSES OF SUCH USES: described in the notification procedure, relevant enforcement records or other The Department may disclose pertinent records, such as current identify the specific item(s) to be personally identifiable information from changed, and provide a written licenses, if necessary to obtain a record this record system for the following relevant to an agency decision justification for the change. Requests to purposes: amend a record must meet the concerning the hiring or retention of an (1) Congressional member disclosure. employee, the issuance of a security requirements of the regulations at 34 The Department may disclose records to CFR 5b.7. clearance, the letting of a contract, or a member of Congress from the record the issuance of a license, grant, or other of an individual in response to an RECORD SOURCE CATEGORIES: benefit. inquiry from the member made at the Information is obtained from (6) For decisions by other Federal written request of that individual. The agencies. A record from this system of Department program offices, debtors, member’s right to the information is no court orders, and probation officers. records may be disclosed to a Federal greater than the right of the individual agency, in response to its request, in who requested it. EXEMPTIONS CLAIMED FOR THE SYSTEM: connection with the hiring or retention (2) Enforcement disclosure. In the None. of an employee, the issuance of a event that information in this system of security clearance, the reporting of an records indicates, either on its face or in 18±03±04 investigation of an employee, the letting connection with other information, a of a contract, or the issuance of a violation or potential violation of any SYSTEM NAME: license, grant, or other benefit by the applicable statute, regulation, or order Files and Lists of Potential and requesting agency, to the extent that the of a competent authority, The Current Consultants, Grant Application record is relevant and necessary to the Department may disclose the relevant Reviewers Peer Reviewers, and Site requesting agency’s decision on the records to the appropriate agency, Visitors. matter. whether foreign, Federal, State, Tribal, (7) Employee conduct disclosure. If a SECURITY CLASSIFICATION: or local, charged with the responsibility record maintained by The Department is of investigating or prosecuting that None. relevant to an employee discipline or violation or charged with enforcing or competence determination proceeding implementing the statute, executive SYSTEM LOCATION: of another agency of the Federal order, rule, regulation, or order issued See the Appendix attached to this Government, The Department may pursuant thereto. system notice. (3) Litigation and Alternative Dispute disclose the record in the course of the Resolution (ADR) Disclosures. proceeding. CATEGORIES OF INDIVIDUALS COVERED BY THE (8) Labor organization disclosure. SYSTEM: (a) Introduction. In the event that one of the parties listed below is involved in Where a contract between a component Individuals who have been or may be litigation or ADR, or has an interest in of the Department and a labor used by the Department as consultants, litigation ADR, The Department may organization recognized under Chapter field readers, grant application disclose certain records to the parties 71, U.S.C. Title V provides that the reviewers, peer reviewers or site described in paragraphs (b), (c) and (d) agency will disclose personal records visitors, to review and evaluate various of this routine use under the conditions relevant to the organization’s mission, program activities. specified in those paragraphs: records in this system of records may be disclosed to such an organization. CATEGORIES OF RECORDS IN THE SYSTEM: (i) The Department of Education, or any component of the Department; or (9) FOIA advice disclosure. In the Name, address, telephone number, (ii) Any Department employee in his event the Department deems it desirable title, institutional or agency affiliation, or her official capacity; or or necessary, in determining whether resume, social security number or other (iii) Any Department employee in his particular records are required to be individual identifier, compensation or her individual capacity if the disclosed under the Freedom of and/or reimbursement information (if Department of Justice (DOJ) has agreed Information Act, disclosure may be any), and area(s) of individual expertise to provide or arrange for representation made to the Department of Justice for of each individual serving as a for the employee; the purpose of obtaining its advice. consultant, field reader, grant (iv) Any Department employee in his (10) Contract disclosure. When the application reviewer or site visitor. or her individual capacity where the Department contemplates that it will Records of past performance of agency has agreed to represent the contract with a private firm for the individuals covered by this notice. employee; or purpose of collating, analyzing, Disability (if special arrangement need (v) The United States where the aggregating or otherwise refining to be made). Department determines that the records in this system. Relevant records litigation is likely to affect the will be disclosed to such a contractor. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department or any of its components. The contractor shall be required to 20 U.S.C. 1221e–3(a)(1), (b), 1232, and (b) Disclosure to the DOJ. If The maintain Privacy Act safeguards with 3474. Department determines that disclosure respect to such records.

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(11) Research disclosure. The Appendix to 18–03–04 CATEGORIES OF RECORDS IN THE SYSTEM: Department may, if the disclosure of a Additional System Managers and System This system consists of names, record is compatible with the purpose Locations addresses, dates of request and for which the record was collected, Supervisor, Management and Program responses, descriptions or disclose a record from this system of Analyst, Office for Civil Rights, U.S. identifications of records requested, records as a routine use to individuals Department of Education, 330 C Street, amount of fees paid, if any; payment and organizations deemed qualified by SW., Room 5026, Washington, DC 20202. delinquencies, if any; final the Secretary to carry out specific Supervisor, Management and Program determinations of appeals or denials research solely for the purpose of Analyst, Office for Civil Rights, U.S. and summary of log. Copies of requested carrying out such research. Department of Education, 330 C Street, records are not maintained in the SW., Room 5026, Washington, DC 20202. system. POLICIES AND PRACTICES FOR STORING, Policy Coordinator Analyst, Office of RETRIEVING, ACCESSING, RETAINING, AND Elementary and Secondary Education, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: U.S. Department of Education, 400 The Freedom of Information Act (5 Maryland Avenue, SW., Room 3W337, STORAGE: U.S.C. 552) and the Privacy Act of 1974 Washington, DC 20202. (5 U.S.C. 552a). Records are maintained in file Director, Office of Management, U.S. cabinets or card files and (in limited Department of Education, 400 Maryland PURPOSE(S): locations) computer tapes and disks. Avenue, SW., Room 2W300, This system is used to document and Washington, DC 20202. track the status of requests made under RETRIEVABILITY: Management and Program Analyst, Office of By name, title, area(s) of individual Postsecondary Education, U.S. both the Freedom of Information Act expertise, dates served, institutional or Department of Education, 400 Maryland and the Privacy Act. This system is also agency affiliation, or social security Avenue, SW., Room 4082, Washington, used to generate the annual report to the number of potential, current or past DC 20202. Department of Justice (DOJ) as required consultant, field reader, grant Customer Service Specialist, Office of Special by the Freedom of Information Act and application reviewer, or site visitor. Education and Rehabilitative Services, the biennial report to the Office of U.S. Department of Education, 400 Management and Budget (OMB) and SAFEGUARDS: Maryland Avenue, SW., Room 3113, Congress as required by the Privacy Act. Direct access is restricted to persons Washington, DC 20202. Executive Secretariat Liaison, Office of ROUTINE USES OF RECORDS MAINTAINED IN THE designated by system managers to be Vocational and Adult Education, U.S. SYSTEM, INCLUDING CATEGORIES OF USERS AND responsible for maintenance of file(s) or Department of Education, 400 Maryland THE PURPOSES OF SUCH USES: decisions regarding selection of Avenue, SW., Room 4090, Washington, The Department of Education consultants, field readers, grant DC 20202. (Department) may disclose information application reviewers, or site visitors. Director, International Education and contained in a record in this system of Automated locations are protected by Graduate Programs Service, Office of Postsecondary Education, U.S. records under the routine uses listed in requiring a password as well as ID users’ this system of records without the code. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202– consent of the individual if the RETENTION AND DISPOSAL: 5247. disclosure is compatible with the Records regarding an individual are Director, Office of Indian Education, Office of purposes for which the record was destroyed 5 years after the last time the Elementary and Secondary Education, collected. These disclosures may be 400 Maryland Avenue, SW., Room 4300, made on a case-by-case basis or, if the Department makes use of the Portal Building, Washington, DC 20202– individual’s services. Department has complied with the 6335. computer matching requirements of the SYSTEM MANAGER(S) AND ADDRESS: 18±04±02 Act, under a computer matching Executive Office, Office of Chief agreement. Financial and Chief Information Office, SYSTEM NAME: (1) Contract Disclosure. If the U.S. Department of Education, 400 Freedom of Information Act and Department contracts with an entity for Maryland Avenue, SW., Room 4E213, Privacy Act Tracking System. the purposes of performing any function that requires disclosure of records in Washington, DC 20202. See the SECURITY CLASSIFICATION: Appendix to this system notice for this system to employees of the None. additional system managers. contractor, the Department may disclose SYSTEM LOCATION: the records to those employees. Before NOTIFICATION PROCEDURE: Information Management Group, entering into such a contract, the Contact system manager of pertinent Office of the Chief Information Officer, Department shall require the contractor organizational component(s) and U.S. Department of Education, Seventh to maintain Privacy Act safeguards as provide identification information and D Streets, Room 5624, ROB–3, required under 5 U.S.C. 552a(m) with required under 34 CFR 5b.5. Washington, DC 20202–4651. See the respect to the records in the system. RECORD ACCESS PROCEDURES: Appendix at the end of this notice for (2) Litigation and Alternative Dispute Resolution (ADR) Disclosures. Same as notification procedure above. additional system locations at Headquarters and Regional Offices. (a) Introduction. In the event that one RECORD SOURCE CATEGORIES: of the parties listed below is involved in Information provided voluntarily by CATEGORIES OF INDIVIDUALS COVERED BY THE litigation or ADR, or has an interest in SYSTEM: individuals interested in serving as litigation ADR, the Department may consultants, field readers, grant This system contains records on disclose certain records to the parties application reviewers, or site visitors. individuals who have submitted or were described in paragraphs (b), (c) and (d) the subjects of requests made under the of this routine use under the conditions SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS provisions of the Freedom of specified in those paragraphs: OF THE ACT: Information Act and under the Privacy (i) The Department of Education, or None. Act of 1974. any component of the Department; or

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(ii) Any Department employee in his SAFEGUARDS: Privacy Act requests were sent or from or her official capacity; or Access to the tracking system requires which they received responses to such (iii) Any Department employee in his a user-ID and is strictly limited to requests. Individuals must furnish the or her individual capacity if the authorized individuals. following information for their records Department of Justice (DOJ) has agreed to be located and identified: RETENTION AND DISPOSAL: to provide or arrange for representation for the employee; Information in the system is erased RECORD SOURCE CATEGORIES: (iv) Any Department employee in his after 2 years. Information in this system of records or her individual capacity where the SYSTEM MANAGER(S) AND ADDRESS: is obtained from the individual to whom agency has agreed to represent the Freedom of Information Officer and the information applies, officials of the employee; or Privacy Act Officer, Information Department, official Department (v) The United States where the Management Group, Office of the Chief documents. Department determines that the Information Officer, 400 Maryland litigation is likely to affect the Avenue, SW., Room 5624, ROB–3, SYSTEM EXEMPTED FROM CERTAIN PROVISIONS Department or any of its components. Washington, DC 20202–2651. See the OF THE ACT: (3) Disclosure to the DOJ. If the Appendix at the end of this notice for The Department has claimed Department determines that disclosure a list of FOIA Coordinators. of certain records to the DOJ is relevant exemptions for several of its other and necessary to litigation or ADR, the NOTIFICATION PROCEDURE: systems of records under 5 U.S.C. Department may disclose those records If you wish to inquire whether a 552a(k) (1), (2), (3), (4), (5), (6), and (7). as a routine use to the DOJ. record exists regarding you in this During the course of a FOIA/PA action, (4) Administrative Disclosures. If the system, you should contact the exempt materials from those other Department determines that disclosure appropriate system manager. Inquiries systems may become part of the case of certain records to an adjudicative must provide your name, date of the records in this system. To the extent body before which the Department is request, name of organization, and that copies of exempt records from those authorized to appear, an individual or subject matter. Your request must meet other systems are entered into these entity designated by the Department or the requirements of the Department’s FOIA/PA case records, the office has otherwise empowered to resolve or Privacy Act regulations at 34 CFR 5b.5. claimed the same exemptions for the mediate disputes is relevant and records as they have in the original RECORD ACCESS PROCEDURES: necessary to the administrative primary systems of records of which litigation, the Department may disclose The Department systems of records they are a part. that are exempt from certain Privacy Act those records as a routine use to the Appendix to 18–04–02 adjudicative body, individual, or entity. requirements may be included in this (5) Parties, counsels, representatives system as part of a FOIA/PA case FOIA Coordinators and witnesses. If the Department record. Such material retains its Office of the Secretary, U.S. Department of determines that disclosure of certain exemption if it is included in this Education, 400 Maryland Avenue, SW., records to a party, counsel, system of records. The section of this 400 Maryland Avenue, SW., Room representative or witness in an notice titled, ‘‘Systems Exempted from 7C122, FOB–6, Washington, DC 20202. administrative proceeding is relevant Certain Provisions of the Act,’’ explains Office of the Chief Financial Officer, U.S. the exemptions for this system. Department of Education, 400 Maryland and necessary to the litigation, the Avenue, SW., Room 4E223, Washington, Department may disclose those records Individuals wishing to request access to their records should contact the system DC 20202. as a routine use to the party, counsel, Office of Educational Research and representative or witness. manager at the appropriate office or Improvement, 555 New Jersey Avenue, (6) Congressional Member Disclosure. region where their original Privacy Act NW., Room 602E, Capitol Place, The Department may disclose records to and/or Freedom of Information Act Washington, DC 20208. a member of Congress from the record request was sent or from which they Office of Special Education and of an individual in response to an received responses to such requests. Rehabilitative Services, U.S. Department inquiry from the member made at the Individuals requesting access must of Education, 330 C Street, SW., Room comply with the Department’s Privacy 3613, Switzer Building, Washington, DC written request of that individual. The 20202. member’s right to the information is no Act regulations regarding verification of identity and access to records 34 CFR Office of Vocational and Adult Education, greater than the right of the individual U.S. Department of Education, 330 C who requested it. 5b.5. Street, SW., Room 4064, Switzer CONTESTING RECORD PROCEDURES Building, Washington, DC 20202. DISCLOSURE TO CONSUMER REPORTING : The Department systems of records Office of the General Counsel, U.S. AGENCIES: Department of Education, 400 Maryland Not applicable. that are exempt from certain Privacy Act Avenue, SW., Room 6C142, FOB–6, requirements may be included in this Washington, DC 20202. POLICIES AND PRACTICES FOR STORING, system as part of a FOIA/PA case Office of Management, U.S. Department of RETRIEVING, ACCESSING, RETAINING AND record. Such material retains its Education, 400 Maryland Avenue, SW., DISPOSING OF RECORDS IN THE SYSTEM: exemption if it is included in this Room 2W211, FOB–6, Washington, DC STORAGE: system of records. The section of this 20202. These records are maintained in notice titled, ‘‘Systems Exempted from Office of Special Education and Rehabilitative Services, U.S. Department machine-readable media. Certain Provisions of the Act,’’ explains the exemptions for this system. of Education, 330 C Street, SW., Room RETRIEVABILITY: 3112, Switzer Building, Washington, DC Individuals wishing to request 20202. Records are retrieved by the name of amendment to their records should Office of Inspector General, U.S. Department the individual, the date of the request, contact the system manager at the of Education, 330 C Street, SW., Room the control tracking number and the appropriate office or region where their 4200, Switzer Building, Washington, DC associated principal office. original Freedom of Information and/or 20202.

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Office of Elementary and Secondary SYSTEM LOCATION: under the provisions of the Freedom of Education, U.S. Department of Office of the Chief Information Information and Privacy Acts. The Education, 400 Maryland Avenue, SW., Officer, Information Management records are also used by the Department Room 3W341, FOB–6, Washington, DC Group, U.S. Department of Education, to prepare its reports to OMB and 20202. Office of Public Affairs, U.S. Department of 400 Maryland Avenue, SW, Room 5624, Congress required by the Freedom of Education, 400 Maryland Avenue, SW., ROB–3, Washington, DC 20202–4651. Information and Privacy Acts. See the Appendix at the end of this Room 7E201, FOB–6, Washington, DC ROUTINE USES OF RECORDS MAINTAINED IN THE system notice for additional system 20202. SYSTEM, INCLUDING CATEGORIES OF USERS AND Office of Student Financial Assistance locations. THE PURPOSES OF SUCH USES: Programs, U.S. Department of Education, Seventh and D Streets, SW., Room 4913, CATEGORIES OF INDIVIDUALS COVERED BY THE Information will be released for the ROB–3, Washington, DC 20202. SYSTEM: purposes cited in Appendix B of the Office for Civil Rights, U.S. Department of This system contains records and Department’s Privacy Act regulations Education, 330 C Street, SW., Room related correspondence on individuals (34 CFR part 5b). Disclosure may be 5424, Switzer Building, Washington, DC who have submitted: Requests for made to a Congressional office from the 20202. information under the provisions of the record of an individual in response to Office of Bilingual Education and Minority Freedom of Information Act (5 U.S.C. an Inquiry from the Congressional office Affairs, U.S. Department of Education, 552), including requests for review of made at the request of that individual. 330 C Street, SW., Room 5616, Switzer In the event of litigation where the Building, Washington, DC 20202. initial denials. Requests under the Office of Educational Research and provisions of the Privacy Act (5 U.S.C. defendant is (a) the Department, any Improvement, , U.S. Department of 552a) for records about themselves, component of the Department, or any Education, 400 Maryland Avenue, SW., including: Requests for notification of employee of the Department in his or Room 4W332, FOB–6, Washington, DC the existence of records about them. her official capacity; (b) the United 20202. Requests for access to these records. States where the Department determines Regional FOIA Review Officers Requests for amendment of these that the claim, if successful, is likely to records. Requests for review of initial affect directly the operations of the Region I: Deputy Regional Director, OCR, Department or any of its components; or John W. McCormack P.O. and denials of such requests for notification, Courthouse, Room 540, Post Office access, and amendment. Requests for an (c) any Department employee in his or Square, Boston, MA 02105–4557. accounting of disclosure of records her individual capacity where the Region II: Regional Director, OCR, 75 Park about them. Department of Justice has agreed to Place, 12th Floor, New York NY 10278– Note: Since these FOIA/PA case records represent such employee. The 0043. contain inquiries and requests regarding any Department may disclose such records Region III: Assistant to the Secretary’s of the Department’s other systems of records as it deems desirable or necessary to the Regional Representative, 3535 Market subject to the Privacy Act, information about Department of Justice to enable that Street, Room 16350, Philadelphia 19104– individuals from any of these other systems Department to present an effective 3398. may become part of this Freedom of defense, provided such disclosure is Region IV: Regional Director, OCR, 61 Information Act and Privacy Act System. Forsyth Street, SW, Suite 19T40, Atlanta, compatible with the purpose for which GA 30303. CATEGORIES OF RECORDS IN THE SYSTEM: the records were collected. Region V: Education Program Specialist, This system contains correspondence DISCLOSURE TO CONSUMER REPORTING Division of Dissemination, OSFAP, 111 and other documents related to requests AGENCIES: N. Canal Street, Suite 1094, Chicago, IL 60606. by individuals to the Department for: Not Applicable. Region VI: Education Program Specialist, Information under the provisions of the # Privacy Act (5 U.S.C. 552), including POLICIES AND PRACTICES FOR STORING, 1200 Main Tower Building, 2260, RETRIEVING, ACCESSING, RETAINING AND requests for review of initial denials of Dallas, TX 75202–4309. DISPOSING OF RECORDS IN THE SYSTEM: Region VII: Education Program Specialist, such requests. Information under the OSFAP, 10220 N. Executive Hills Blvd., provisions of the Privacy Act (5 U.S.C. STORAGE: 8th Floor, Kansas City, MO 64153–1367. 552a) and requests for review of initial These records are maintained on Region VIII: Public Information Specialist, denials of such requests made under the machine-readable media and/or as Federal Office Building, 1244 Speer Department’s Privacy Act regulations, paper copies in file folders or binders. Blvd., Room 300, Denver, CO 80204– including requests for: Notification of 3582. RETRIEVABILITY: Region IX: Education Program Specialist, the existence of records about them. Access to records about them. For the most part, records are OSFAP, 50 United Nations Plaza, San retrieved by the name of the individual Francisco, CA 94102 Amendment of records about them. Region X: Education Program Specialist, Review of initial denials of such on whom they are maintained, the year OSFAP, Room 3362, Mail Code 10–9060, requests for notification, access, or of the request, and the control tracking 915 2nd Avenue, Seattle, WA 98174– amendment. Requests for an accounting number. Records are available to FOIA 1099. of disclosure of records about them. staff involved in correspondence and Metro Region: Program Specialist, Office for investigative processes, including Civil Rights, U.S. Department of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: appeals officials and staff members of Education, 1100 Pennsylvania Avenue, Includes the following with any the OGC. NW, Washington, DC 20044. revisions or amendments: The Freedom SAFEGUARDS: 18±04±02 of Information Act (5 U.S.C. 552), the Privacy Act of 1974 (5 U.S.C. 552a), and Records are maintained in Conserva- SYSTEM NAME: the Department’s Public Information File cabinets in the Office of the Freedom of Information Act and Regulation (34 CFR part 5). Department’s FOIA Officer and the Privacy Act Tracking System. Privacy Act Officer, and in the offices of PURPOSE(S): Department personnel whose duties SECURITY CLASSIFICATION: These records are maintained to require access. Access to the FOIAS None. process an individual’s request made System, and to the associated paper

VerDate 06-MAY-99 17:36 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\04JNN2.XXX pfrm01 PsN: 04JNN2 30122 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices records is strictly limited to these claimed the same exemptions for the home address, and automobile license individuals. records as they have in the original number. primary systems of records of which RETENTION AND DISPOSAL: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: they are a part. These records will be disposed of 5 63 Stat. 377;41 CFR 101–20.111. years after the date of final Department Appendix to 18–04–02 PURPOSE(S): action on the case. Records are Additional System Locations and System The information contained in this destroyed by shredding, burning Managers magnetic erasure, or the equivalent. system is used to: (1) Provide standards Region I: Deputy Regional Director, OCR, for apportionment and assignment of John W. McCormack PO and Courthouse, SYSTEM MANAGER(S) AND ADDRESS: Room 540, Post Office Square, Boston, parking spaces on Department-managed Freedom of Information Officer and MA 02105–4557. and Department-controlled property and Privacy Act Officer, Room 5624, ROB– Region II: Regional Director, OCR, 75 Park on property assigned to the Department 3, 400 Maryland Avenue, SW., Place, 12th Floor, New York NY 10278– by the General Services Administration Washington, DC 20202, are responsible 0043. or any other Agency, and (2) allocate for Departmental records, including Region III: Assistant to the Secretary’s and check parking spaces assigned to both FOIAS and paper records. The Regional Representative, 3535 Market government vehicles, visitors, appropriate Assistant Secretary, the Street, Room 16350, Philadelphia 19104– handicapped personnel, executive 3398. personnel, carpool and van pools and General Counsel, the Office of the Region IV: Regional Director, OCR, 61 Inspector General, and the Secretary’s Forsyth Street, SW., Suite 19T40, others. Regional Representatives are the system Atlanta, GA 30303. ROUTINE USES OF RECORDS MAINTAINED IN THE managers for the Freedom of Region V: Education Program Specialist, SYSTEM, INCLUDING CATEGORIES OF USERS ND Information and Privacy Act records Division of Dissemination, OSFAP, 111 THE PURPOSES OF SUCH USE: maintained in their offices. N. Canal Street, Suite 1094, Chicago, IL The Department of Education 60606. NOTIFICATION PROCEDURE: Region VI: Education Program Specialist, (Department) may disclose information contained in a record in this system of If you wish to determine whether a 1200 Main Tower Building, #2260, records under the routine uses listed in record exists regarding you in the Dallas, TX 75202–4309. this system of records without the system of records, contact the system Region VII: Education Program Specialist, OSFAP, 10220 N. Executive Hills Blvd., consent of the individual if the manager. Your request must meet the 8th Floor, Kansas City, MO 64153–1367. disclosure is compatible with the requirements of regulations at 34 CFR Region VIII: Public Information Specialist, purposes for which the record was 5b.5, including proof of identity. Federal Office Building, 1244 Speer collected. These disclosures may be Blvd., Room 300, Denver, CO 80204– RECORD ACCESS PROCEDURES: made on a case-by-case basis or, if the 3582. If you wish to gain access to a record Region IX: Education Program Specialist, Department has complied with the regarding you in the system of records, OSFAP, 50 United Nations Plaza, San computer matching requirements of the contact the system manager. Your Francisco, CA 94102. Act, under a computer matching request must meet the requirements of Region X: Education Program Specialist, agreement. the regulations at 34 CFR 5b.5, OSFAP, Room 3362, Mail Code 10–9060, (1) Congressional Member Disclosure. including proof of identity. 915 2nd Avenue, Seattle, WA 98174– The Department may disclosure records 1099. to a member of Congress from the record CONTESTING RECORD PROCEDURES: Metro Region: Program Specialist, Office for of an individual in response to an If you wish to contest the content of Civil Rights, U.S. Department of inquiry from the member made at the a record regarding you in the system of Education, 1100 Pennsylvania Avenue, written request of that individual. The NW, Washington, DC 20044. records, contact the system manager. member’s right to the information is no Your request must meet the 18±05±01 greater than the right of the individual requirements of the regulations at 34 who requested it. CFR 5b.7. SYSTEM NAME: (2) Litigation and Alternative Dispute Departmental Parking Control Policy. Resolution (ADR) Disclosure. RECORD SOURCE CATEGORIES: (a) Introduction. In the event that one SECURITY CLASSIFICATION: Information in this system of records of the parties listed below is involved in is obtained from None. litigation or ADR, or has an interest in —The individual to whom the SYSTEM LOCATION: litigation ADR, the Department may information applies. Officials of the Director, Quality Workplace Group, disclose certain records to the parties Department. Official Department Office of Management, U.S. Department described in paragraphs (b), (c) and (d) documents. of Education, 400 Maryland Avenue, of this routine use under the conditions SW., Room 2E315, Washington, DC specified in those paragraphs: SYSTEM EXEMPTED FROM CERTAIN PROVISIONS (i) The Department of Education, or 20202. OF THE ACT: any component of the Department; or The Department has claimed CATEGORIES OF INDIVIDUALS COVERED BY THE (ii) Any Department employee in his exemptions for several of its other SYSTEM: or her official capacity; or systems of records under 5 U.S.C. All Department employees and non- (iii) Any Department employee in his 552a(k) (1), (2), (3), (4), (5), (6), and (7). Department carpool members utilizing or her individual capacity if the During the course of a FOIA/PA action, parking facilities. Department of Justice (DOJ) has agreed exempt materials from those other to provide or arrange for representation systems may become a part of the case CATEGORIES OF RECORDS IN THE SYSTEM: for the employee; records in this system. To the extent This system includes the following (iv) Any Department employee in his that copies of exempt records from those information on all persons applying for or her individual capacity where the other systems are entered into these a parking permit: Name, office room agency has agreed to represent the FOIA/PA case records, the office has number, office phone number, agency, employee; or

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(v) The United States where the RECORD ACCESS PROCEDURES: ROUTINE USES OF RECORDS MAINTAINED IN THE Department determines that the Same as Notification Procedure. SYSTEM, INCLUDING CATEGORIES OF USERS AND litigation is likely to affect the Requesters should also reasonably THE PURPOSE OF SUCH USES: Department or any of its components. specify the record contents sought. Your The Department of Education (3) Disclosure to the DOJ. If the request must meet the requirements of (Department) may disclose information Department determines that disclosure the regulations at 34 CFR 5b.5, contained in a record in this system of of certain records to the DOJ is relevant including proof of identity. records under the routine uses listed in and necessary to litigation or ADR, the this system of records without the CONTESTING RECORD PROCEDURES: Department may disclose those records consent of the individual if the as a routine use to the DOJ. Contact the system manager at the disclosure is compatible with the (4) Administrative Disclosures. If the address specified under notification purposes for which the record was Department determines that disclosure procedure above, and reasonably collected. These disclosures may be of certain records to an adjudicative identify the record and specify the made on a case-by-case basis or, if the body before which the Department is information to be contested. Your Department has complied with the authorized to appear, an individual or request must meet the requirements of computer matching requirements of the entity designated by the Department or the regulations at 34 CFR 5b.7. Act, under a computer matching otherwise empowered to resolve or RECORD SOURCE CATEGORIES: agreement. mediate disputes is relevant and Information in this system are (1) Member of Congress Disclosure. necessary to the administrative obtained from reports submitted by The Department may disclose records to litigation, the Department may disclose Department Staff, Principal Offices and a member of Congress from the record those records as a routine use to the Regional Offices, GSA–Federal of an individual in response to an adjudicative body, individual, or entity. Management circulars and Federal inquiry from the member made at the Property Management Regulations. written request of that individual. The POLICIES AND PRACTICES FOR STORING, member’s right to the information is no RETRIEVING, ACCESSING, RETAINING, AND SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS greater than the right of the individual DISPOSING OF RECORDS IN THE SYSTEM: OF THE ACT: who requested. STORAGE: None. (2) Educational Agency or Institution. The Department may disclosure records Records are stored in binders in file 18±05±02 cabinets. from this system of records to an SYSTEM NAME: educational agency or institution against RETRIEVABILITY: Family Educational Rights and which a complaint has been made. Records are filed alphabetically by Privacy Act (FERPA) and the Protection (3) State Educational Agency. The location. of Pupil Rights Amendment (PPRA) Department may disclose records to a State educational agency relative to an SAFEGUARDS: Record Systems. educational agency or institution in that All physical access to the Department SECURITY CLASSIFICATION: State against which a complaint has of Education site where this system of None. been filed. records is maintained, is controlled and SYSTEM LOCATION: (4) Disclosure for Use by Other Law monitored by security personnel who Enforcement Agencies. The Department Family Policy Compliance Office, check each individual entering the may disclose information to any Office of Management, U.S. Department building for his or her employee or Federal, State, local or foreign agency or of Education, Room 2W100, visitor badge. other public authority responsible for Washington, DC 20202–4506. RETENTION AND DISPOSAL: enforcing, investigating, or prosecuting Superseded policy materials are CATEGORIES OF INDIVIDUALS COVERED BY THE violations of administrative, civil, or SYSTEM: maintained by the Director, Quality criminal law or regulation if that Workplace Group for historical Individuals who have made inquiries information is relevant to any purposes. Records at other Department or who have filed complaints alleging enforcement, regulatory, investigative, locations are maintained until the violations of provisions in FERPA and or prosecutive responsibility within the Parking Control purpose has been met, PPRA; and those who have commented receiving entity’s jurisdiction. and the records are then destroyed. to the Department on its proposed rules (5) Disclosure to the Department of and practices. Justice (DOJ). The Department may SYSTEM MANAGER(S) AND ADDRESS: disclose records to the DOJ to the extent CATEGORIES OF RECORDS IN THE SYSTEM: Director, Quality Work Group (QWG), necessary for obtaining DOJ advice on This system consists of Office of Management, U.S. Department any matter relevant to FERPA or PPRA correspondence alleging violations of of Education, 400 Maryland Avenue, investigations or other enforcement FERPA and PPRA as well as comments SW., Room 2E315, Washington, DC responsibilities under FERPA or PPRA; submitted to the Department on its 20202. (6) Contract Disclosure. If the proposed rules and practices. Department contracts with an entity for NOTIFICATION PROCEDURE: AUTHORITY OF MAINTENANCE OF SYSTEM: the purposes of performing any function If you wish to determine whether a Family Educational Rights and that requires disclosure of records in record exists regarding you in this Privacy Act (20 U.S.C. 1232g) and this system to employees of the system of records, provide the system Protection of Pupil Rights Amendment contractor, the Department may disclose manager with your name, social security (20 U.S.C. 1232h). the records to those employees. Before number, agency and office and the entering into such a contract, the location where Department parking is PURPOSE(S): Department shall require the contractor provided. Your request must meet the Information contained in this system to maintain Privacy Act safeguards as requirements of the regulations at 34 is used to resolve disputes regarding required under 5 U.S.C. 552a(m) with CFR 5b.5, including proof of identity. violations of FERPA and PPRA. respect to the records in the system.

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(7) Freedom of Information Act RETRIEVABILITY: Avenue SW, Room 2W228, Washington, (FOIA) Advice Disclosure. The Records are indexed under the names DC 20202–4550. Department may disclose records to the of institutions against which individuals Department of Justice and the Office of CATEGORIES OF INDIVIDUALS COVERED BY THE are alleging violations of FERPA. SYSTEM: Management and Budget if the Department concludes that disclosure is SAFEGUARDS: This system contains records on desirable or necessary in determining Direct access is restricted to FPCO individuals—employees as well as whether particular records are required staff; main files are left in locked file applicants for employment—or groups to be disclosed under the FOIA. cabinets when not in use. of individuals who have filed Equal Employment Opportunity (EEO) (8) Enforcement Disclosure. In the RETENTION AND DISPOSAL: complaints of discrimination on the event that information in this system of Inquiry records are maintained a basis of race, color, religion, sex records indicates, either on its face or in minimum of three years; complaint and (including sexual harassment or sexual connection with other information, a investigative records are maintained a orientation), national origin, age, violation or potential violation of any minimum of five years after the case is disability, or reprisal for having engaged applicable statute, regulation, or order closed. in a prior EEO activity. of a competent authority, the Department may disclose the relevant SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF RECORDS IN THE SYSTEM: records to the appropriate agency, Director, Family Policy Compliance This system of records consists of whether foreign, Federal, State, Tribal, Office, U.S. Department of Education, records concerning the Department’s or local, charged with the responsibility 400 Maryland Avenue, SW., Room formal complaints of discrimination of investigating or prosecuting that 2W100, Washington, DC 20202-4056. processes, including counselor’ reports, violation or charged with enforcing or the initial allegations and efforts at implementing the statute, executive NOTIFICATION PROCEDURE: resolution, letters or notices to the order, rule, regulation, or order issued If you wish to determine whether a individual or class agent, materials pursuant thereto. record exists regarding you in the placed into the record to support or (9) Litigation and Alternative Dispute system of records, contact the system refute the decision or determination, Resolution (ADR) Disclosures. manager. Your request must meet the statements to witnesses, investigative (a) Introduction. In the event that one requirements of the regulations at 34 reports, instructions about action to be of the parties listed below is involved in CFR 5b.5, including proof of identity. taken to comply with decisions, and litigation or ADR, or has an interest in related correspondence, opinions and RECORD ACCESS PROCEDURES: litigation ADR, the Department may recommendations. disclose certain records to the parties If you wish to gain access to a record AUTHORITY FOR MAINTENANCE OF THE SYSTEM: described in paragraphs (b), (c) and (d) regarding you in the system of records, of this routine use under the conditions contact the system manager. Your 42 U.S.C. 2000e; 29 U.S.C. 633a; specified in those paragraphs: request must meet the requirements of Executive Order 11478; 29 CFR 1614. the regulations at 34 CFR 5b.5, (i) The Department of Education, or PURPOSE S including proof of identity. ( ): any component of the Department; or The Equal Employment Opportunity (ii) Any Department employee in his CONTESTING RECORD PROCEDURES: Group uses the information contained in or her official capacity; or If you wish to contest the content of this system to adjudicate complaints or (iii) Any Department employee in his a record regarding you in the system of appeals, to provide a basis for a or her individual capacity if the records, contact the system manager. corrective action related to the Department of Justice (DOJ) has agreed Your request must meet the discrimination situation and as a data to provide or arrange for representation requirements of the regulations at 34 source for management information for for the employee; CFR 5b.7. production of descriptive statistics and (iv) Any Department employee in his analytical studies. RECORD SOURCE CATEGORIES: or her individual capacity where the ROUTINE USES OF RECORDS MAINTAINED IN THE agency has agreed to represent the The information in this system is obtained from incoming SYSTEM, INCLUDING CATEGORIES OF USERS AND employee; or THE PURPOSES OF SUCH USES: correspondence, responses and material (v) The United States where the The Department (Department) may Department determines that the obtained during the course of any investigation. disclose information contained in a litigation is likely to affect the record in this system of records under Department or any of its components. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS the routine uses listed in this system of OF THE ACT: records without the consent of the DISCLOSURE TO CONSUMER REPORTING AGENCIES: None. individual if the disclosure is compatible with the purposes for which Not applicable to this system of 18-05-04 the record was collected. These records. SYSTEM NAME: disclosures may be made on a case-by- POLICIES AND PRACTICES FOR STORING, Discrimination Complaints Records case basis or, if the Department has RETRIEVING, ACCESSING, RETAINING, AND System. complied with the computer matching DISPOSING OF RECORDS IN THE SYSTEM: requirements of the Act, under a SECURITY CLASSIFICATION: computer matching agreement. STORAGE: None. (1) Disclosure to OMB, MSPB and The records are maintained in hard- EEOC. The Department may disclose copy form filed in standard lockable file SYSTEM LOCATION: records to the Office of Personnel cabinets, or on electronic files in which Equal Employment Opportunity Management, Merit Systems Protection case document disks are kept in Group, Office of Management, U.S. Board (including its Office of the lockable file cabinets. Department of Education, 400 Maryland Special Counsel), or the Equal

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Employment Opportunity Commission DISCLOSURE TO CONSUMER REPORTING should contact the system manager at for the purpose of carrying out their AGENCIES: the address listed above. You should functions. Not applicable to this system of reasonably identify the record and (2) Congressional Member Disclosure. records. specify the information to be contested. The Department may disclose records to Your request should satisfy the POLICIES AND PRACTICES FOR STORING, a member of Congress from the record requirements of the regulations at 34 RETRIEVING, ACCESSING, RETAINING, AND of an individual in response to an DISPOSING OF RECORDS IN THE SYSTEM: CFR 5b.7. inquiry from the member made at the RECORD SOURCE CATEGORIES: written request of that individual. The STORAGE: member’s right to the information is no The records are maintained in file Information in this system is obtained greater than the right of the individual folders and binders inside a file room from individuals to whom the record who requested it. centrally situated within the EEOG pertains, Department officials or other (3) Litigation and Alternative Dispute office. officials, statements from employees or Resolution (ADR) Disclosures. other witnesses, official documents RETRIEVABILITY: (a) Introduction. In the event of pertinent to the complaint and litigation where one of the parties listed The records are indexed by formal correspondence from specific below is involved in litigation or ADR, complaint case numbers, and cross- organizations or persons. or has an interest in litigation ADR, the referenced by a separate log identifying the names of the individuals or class SYSTEM EXEMPTED FROM CERTAIN PROVISIONS Department may disclose certain OF THE ACT: agents on whom they are maintained. records to the parties described in None. paragraphs (b), (c) and (d) of this routine SAFEGUARDS: 18±05±05 use under the conditions specified in Access to and use of these records are those paragraphs: limited to those persons whose official SYSTEM NAME: (i) The Department, or any component duties require access. Physical security Grievances Filed Formally Under the of the Department; or of the file room and entire office area Administrative Grievance Procedure. (ii) Any Department employee in his involves lockable entry doors with off- SECURITY CLASSIFICATION: or her official capacity; or the-master keys. (iii) Any Department employee in his None. or her individual capacity if the RETENTION AND DISPOSAL: SYSTEM LOCATION: Department of Justice (DOJ) has agreed The complaint cases of discrimination Human Resources Group, Office of to provide or arrange for representation may be retired to the Federal Records Management, U.S. Department of for the employee; or Center three years after their final Education, 400 Maryland Avenue, SW., (iv) Any Department employee in his disposition through the administrative Room 2E200, Washington, DC 20202. or her individual capacity where the (and judicial, as applicable) processes. agency has agreed to represent the See the Appendix at the end of this employee; or SYSTEM MANAGERS AND ADDRESS: system notice for additional locations. (v) The United States where the Director, Equal Employment CATEGORIES OF INDIVIDUALS COVERED BY THE Department determines that the Opportunity Group, Office of SYSTEM: litigation is likely to directly affect the Management, U.S. Department of This system contains records on non- Department or any of its components. Education, 400 Maryland Avenue, SW., bargaining unit employees of the (b) Disclosure to the DOJ. If the Washington, DC 20202-4550. Department regardless of type of Department determines that disclosure NOTIFICATION PROCEDURE: appointment, who individually or as a of certain records to the DOJ is relevant If you wish to determine if a record group, request personal relief in a matter and necessary to litigation or ADR, the exists regarding you in this system of of concern or dissatisfaction which is Department may disclose those records records, contact the system manager at subject to the control of Department as a routine use to the DOJ. the address listed above. You should management. This includes former (c) Administrative Disclosures. If the include your name, date of birth, employees of the Department for whom Department determines that disclosure Departmental principal office in which a remedy can be provided as well as of certain records to an adjudicative the situation arose, the approximate applicants. body before which the Department is date, and the type of action taken. Your CATEGORIES OF RECORDS IN THE SYSTEM authorized to appear, an individual or : request must meet the requirements of entity designated by the Department or Information or documents relating to the regulations at 34 CFR 5b.5, otherwise empowered to resolve or the grievance and personal relief sought, including proof of identity. mediate disputes is relevant and materials used in consideration of the necessary to the administrative RECORD ACCESS PROCEDURES: grievance, and correspondence related to disposition of the grievance, litigation, the Department may disclose If you wish to gain access to records those records as a routine use to the including but not limited to the formal regarding you in this system of records, grievance, fact finder’s report, final adjudicative body, individual, or entity. follow the procedures described above (d) Parties, counsels, representatives decision, and all other related under Notification Procedure. You documents. and witnesses. If the Department should also reasonably specify the determines that disclosure of certain record contents being sought. Your AUTHORITY FOR MAINTENANCE OF THE SYSTEM: records to a party, counsel, request must meet the requirements of 5 U.S.C. 1302. representative or witness in an the regulations at 34 CFR 5b.5, administrative proceeding is relevant including proof of identity. PURPOSE(S): and necessary to the litigation, the The information contained in this Department may disclose those records CONTESTING RECORD PROCEDURES: system is to consider and settle matters as a routine use to the party, counsel, If you wish to contest information of dissatisfaction or concern of covered representative or witness. contained in this system of records, you individuals.

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ROUTINE USES OF RECORDS MAINTAINED IN THE (v) The United States where the one of the following proceedings SYSTEM, INCLUDING CATEGORIES OF USERS AND Department determines that the regarding a present or former employee THE PURPOSE OF SUCH USES: litigation is likely to affect the of the Department: Complaint, The Department of Education Department or any of its components. grievance, discipline or competence (Department) may disclose information (b) Disclosure to the DOJ. If the determination proceedings. The contained in a record in this system of Department determines that disclosure disclosure may only be made during the records under the routine uses listed in of certain records to the DOJ is relevant course of the proceeding. this system of records without the and necessary to litigation or ADR, the (6) Labor Organization Disclosure. A consent of the individual if the Department may disclose those records component of the Department may disclosure is compatible with the as a routine use to the DOJ. disclose records to a labor organization purposes for which the record was (c) Administrative Disclosures. If the if a contract between the component collected. These disclosures may be Department determines that disclosure and a labor organization recognized made on a case-by-case basis or, if the of certain records to an adjudicative under Title V of the United States Code, Department has complied with the body before which the Department is Chapter 71, provides that the computer matching requirements of the authorized to appear, an individual or Department will disclose personal Act, under a computer matching entity designated by the Department or records relevant to the organization’s agreement. otherwise empowered to resolve or mission. The disclosures will be made (1) Disclosure for Use by Other Law mediate disputes is relevant and only as authorized by law. Enforcement Agencies. The Department necessary to the administrative (7) Freedom of Information Act may disclose information to any litigation, the Department may disclose (FOIA) Advice Disclosure. The Federal, State, local, or foreign agency those records as a routine use to the Department may disclose records to the or other public authority responsible for adjudicative body, individual, or entity. Department of Justice and the Office of enforcing, investigating, or prosecuting (d) Parties, counsels, representatives Management and Budget if the violations of administrative, civil, or and witnesses. If the Department Department concludes that disclosure is criminal law or regulation if that determines that disclosure of certain desirable or necessary in determining information is relevant to any records to a party, counsel, whether particular records are required representative or witness in an enforcement, regulatory, investigative, to be disclosed under the FOIA. administrative proceeding is relevant (8) Disclosure to the Department of or prosecutive responsibility within the and necessary to the litigation, the Justice (DOJ). The Department may receiving entity’s jurisdiction. Department may disclose those records disclose records to the DOJ to the extent (2) Enforcement Disclosure. In the as a routine use to the party, counsel, necessary for obtaining DOJ advice on event that information in this system of representative or witness. any matter relevant to an audit, records indicates, either on its face or in (4) Employment, Benefit, and inspection, or other inquiry related to connection with other information, a Contracting Disclosure. the programs covered by this system. violation or potential violation of any (a) For Decisions by the Department. (9) Contract Disclosure. If the applicable statute, regulation, or order The Department may disclose a record Department contracts with an entity for of a competent authority, the to a Federal, State, or local agency the purposes of performing any function Department may disclose the relevant maintaining civil, criminal, or other that requires disclosure of records in records to the appropriate agency, relevant enforcement or other pertinent this system to employees of the whether foreign, Federal, State, Tribal, records, or to another public authority contractor, the Department may disclose or local, charged with the responsibility or professional organization, if the records to those employees. Before of investigating or prosecuting that necessary to obtain information relevant entering into such a contract, the violation or charged with enforcing or to a Department decision concerning the Department shall require the contractor implementing the statute, executive hiring or retention of an employee or to maintain Privacy Act safeguards as order, rule, regulation, or order issued other personnel action, the issuance of required under 5 U.S.C. 552a(m) with pursuant thereto. a security clearance, the letting of a respect to the records in the system. (3) Litigation and Alternative Dispute contract, or the issuance of a license, (10) Research Disclosure. The Resolution (ADR) Disclosures. grant, or other benefit. Department may disclose records to a (a) Introduction. In the event that one (b) For Decisions by Other Public researcher if an appropriate official of of the parties listed below is involved in Agencies and Professional the Department determines that the litigation or ADR, or has an interest in Organizations. The Department may individual or organization to which the litigation ADR, the Department may disclose a record to a Federal, State, disclosure would be made is qualified to disclose certain records to the parties local, or foreign agency or other public carry out specific research related to described in paragraphs (b), (c) and (d) authority or professional organization, functions or purposes of this system of of this routine use under the conditions in connection with the hiring or records. The official may disclose specified in those paragraphs: retention of an employee or other records from this system of records to (i) The Department of Education, or personnel action, the issuance of a that researcher solely for the purpose of any component of the Department; or security clearance, the reporting of an carrying out that research related to the (ii) Any Department employee in his investigation of an employee, the letting functions or purposes of this system of or her official capacity; or of a contract, or the issuance of a records. The researcher shall be (iii) Any Department employee in his license, grant, or other benefit, to the required to maintain Privacy Act or her individual capacity if the extent that the record is relevant and safeguards with respect to the disclosed Department of Justice (DOJ) has agreed necessary to the receiving entity’s records. to provide or arrange for representation decision on the matter. (11) Congressional Member for the employee; (5) Employee Grievance, Complaint or Disclosure. The Department may (iv) Any Department employee in his Conduct Disclosure. The Department disclose records to a member of or her individual capacity where the may disclose a record in this system of Congress from the record of an agency has agreed to represent the records to another agency of the Federal individual in response to an inquiry employee; or Government if the record is relevant to from the member made at the written

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The CONTESTING RECORD PROCEDURES: SECURITY CLASSIFICATION: Department may disclose records to OMB as necessary to fulfill CRA If you wish to contest the content of None. requirements. a record in this system of records, contact the system manager at the SYSTEM LOCATION: DISCLOSURE TO CONSUMER REPORTING address listed above. Your request must Labor Relations Group, Office of AGENCIES: meet the requirements of the regulations Management, U.S. Department of Not applicable to this system of at 34 CFR 5b.7, including proof of Education, 400 Maryland Ave., SW., records. identity. Room 2C136, Washington, DC 20202– 4754. POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: RETRIEVING, ACCESSING, RETAINING, AND Information in this system of records CATEGORIES OF INDIVIDUALS COVERED BY THE DISPOSING OF RECORDS IN THE SYSTEM: is supplied from the following sources: SYSTEM: STORAGE: Directly by the individual filing the This system contains records on Records are maintained in hard copy grievance, from information supplied by present and past bargaining unit stored in file folders, on computers and the individual, by testimony of employees of the Department covered in handwritten logs for Human witnesses, employee representatives, by the Collective Bargaining Agreement Resources. Summary data of records are Department employees or officials. between the Department and American also maintained in a computerized Federation of Government Employees SYSTEM EXEMPTED FROM CERTAIN PROVISIONS Council 252. tracking system. OF THE ACT: RETRIEVABILITY: None. CATEGORIES OF RECORDS IN THE SYSTEM: Records are indexed alphabetically by Appendix to 18–05–05 This system of records consists of a organization and year. variety of records relating to an Additional System Locations and System employee’s grievance filed under SAFEGUARDS: Managers procedures established by labor- Access to and use of these records are Director, Human Resources Group, Office of management negotiations including Management, U.S. Department of limited to those persons with a ‘‘need- employee’s name, Social Security to-know’’ and whose official duties Education, 400 Maryland Avenue, SW., Washington, DC 20202. number, grade, job title, testimony of require such access. Personnel screening witnesses, material placed into the is employed to prevent unauthorized Employee Relations Team, Office of Management, U.S. Department of record to support the decision, the disclosure. Computers are password Education, 400 Maryland Avenue, SW., arbitrator’s decision, the arbitrator’s protected for individuals with access. Room 2E233, Washington, DC 20202– report, and a record of an appeal to the All data bases are designed with 4737. Federal Labor Relations Authority. stringent security measures to control U.S. Department of Education, Regional individual users’ ability to access and Personnel Office O’Neill Federal AUTHORITY FOR MAINTENANCE OF THE SYSTEM: alter records within the system. Building, 10 Causeway Street, Room 5 U.S.C. 7101. 1095 Boston, MA 02222. RETENTION AND DISPOSAL: U.S. Department of Education, Regional PURPOSE(S): Records are retained for three (3) Personnel Office 75 Park Place, 12th Floor, New York, NY 10007. The information in this system is used years after the grievance case is closed, to make determinations and to and are then destroyed, as set forth in U.S. Department of Education, Regional Personnel Office 3535 Market Street, document a decision made on a the General Records Schedule 1, Room 16300, Philadelphia, PA 19104. grievance filed by an employee under Civilian Personnel Records, Item 30(a). U.S. Department of Education, Regional the negotiated grievance procedures. SYSTEM MANAGER(S) AND ADDRESS: Personnel Office 61 Forsyth Street, SW, Information from this system may be Suite 18T55, Atlanta, GA 30303. Director, Labor Relations Group, used by Department officials for U.S. Department of Education, Regional preparing statistical summary or Office of Management, U.S. Department Personnel Office 111 N. Canal Street, of Education, 400 Maryland Avenue, Room 1084, Chicago, IL 60606. management reports. SW., Room 2W300, Washington, DC U.S. Department of Education, Regional ROUTINE USES OF RECORDS MAINTAINED IN THE 20202. See the Appendix at the end of Personnel Office 1999 Bryan Street, Suite SYSTEM, INCLUDING CATEGORIES OF USERS AND this system notice for additional system 2710, Dallas, TX 75201–6817. THE PURPOSES OF SUCH USES: managers. U.S. Department of Education, Regional Personnel Office 10220 North Executive The Department of Education NOTIFICATION PROCEDURE: Hills Boulevard, 9th Floor, Kansas City, (Department) may disclose information If you wish to determine whether a MO 64153. contained in a record in this system of record exists regarding you in the U.S. Department of Education, Regional records under the routine uses listed in Personnel Office 1244 Speer Boulevard, this system of records without the system of records, contact the system Room 353, Denver, CO 80204–3582. manager. Your request must meet the consent of the individual if the U.S. Department of Education, Regional disclosure is compatible with the requirements of the regulations at 34 Personnel Office 50 United Nations CFR 5b.5, including proof of identity. Plaza, Room 207, San Francisco, CA purposes for which the record was 94102–4987. collected. These disclosures may be RECORD ACCESS PROCEDURES: U.S. Department of Education, Regional made on a case-by-case basis or, if the If you wish to gain access to records Personnel Office 915 Second Avenue, Department has complied with the regarding you in this system of records, Room 3388, Seattle, WA 98174–1099. computer matching requirements of the

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Act, under a computer matching (b) For Decisions by Other Public Department may disclose those records agreement. Agencies and Professional as a routine use to the DOJ. (1) Agency Disclosure. The Organizations. The Department may (c) Administrative Disclosures. If the Department may disclose information disclose a record to a Federal, State, Department determines that disclosure from this system to the Office of local, or foreign agency or other public of certain records to an adjudicative Personnel Management, Merit Systems authority or professional organization, body before which the Department is Protection Board (including its Office of in connection with the hiring or authorized to appear, an individual or Special Counsel), Equal Employment retention of an employee or other entity designated by the Department or Opportunity Commission, and the personnel action, the issuance of a otherwise empowered to resolve or Federal Labor Relations Authority security clearance, the reporting of an mediate disputes is relevant and (including the General Counsel of the investigation of an employee, the letting necessary to the administrative Authority and the Federal Systems of a contract, or the issuance of a litigation, The Department may disclose Impasses Panel) to facilitate their license, grant, or other benefit, to the those records as a routine use to the administrative or enforcement extent that the record is relevant and adjudicative body, individual, or entity. functions. necessary to the receiving entity’s (d) Parties, counsels, representatives (2) Disclosure for Use by Other Law decision on the matter. and witnesses. If the Department Enforcement Agencies. The Department (6) Congressional Member Disclosure. determines that disclosure of certain may disclose information to any The Department may disclose records to records to a party, counsel, Federal, State, local, or foreign agency a member of Congress from the record representative or witness in an or other public authority responsible for of an individual in response to an administrative proceeding is relevant enforcing, investigating, or prosecuting inquiry from the member made at the and necessary to the litigation, the violations of administrative, civil, or written request of that individual. The Department may disclose those records criminal law or regulation if that member’s right to the information is no as a routine use to the party, counsel, information is relevant to any greater than the right of the individual representative or witness. enforcement, regulatory, investigative, who requested it. DISCLOSURE TO CONSUMER REPORTING or prosecutive responsibility within the (7) Disclosure to the Office of AGENCIES: receiving entity’s jurisdiction. Management and Budget (OMB) for Not applicable to this system of (3) Enforcement Disclosure. In the Credit Reform Act (CRA) Support. The records. event that information in this system of Department may disclose records to records indicates, either on its face or in OMB as necessary to fulfill CRA POLICIES AND PRACTICES FOR STORING, connection with other information, a requirements. RETRIEVING, ACCESSING, RETAINING, AND violation or potential violation of any (8) Litigation and Alternative Dispute DISPOSING OF RECORDS IN THE SYSTEM: applicable statute, regulation, or order Resolution (ADR) Disclosures. STORAGE: of a competent authority, the (a) Introduction. In the event that one Records are maintained in hard copy Department may disclose the relevant of the parties listed below is involved in and a list of individual names is records to the appropriate agency, litigation or ADR, or has an interest in maintained in electronic media. whether foreign, Federal, State, Tribal, litigation ADR, the Department may or local, charged with the responsibility disclose certain records to the parties RETRIEVABILTY: of investigating or prosecuting that described in paragraphs (b), (c) and (d) Records are retrievable by file number violation or charged with enforcing or of this routine use under the conditions which are cross-referenced by implementing the statute, executive specified in those paragraphs: individual names. order, rule, regulation, or order issued (i) The Department of Education, or pursuant thereto. any component of the Department; or SAFEGUARDS: (4) Freedom of Information Act (ii) Any Department employee in his When not in use by authorized (FOIA) Advice Disclosure. The or her official capacity; or persons, these records are stored in Department may disclose records to the (iii) Any Department employee in his metal file cabinets stored within the Department of Justice and the Office of or her individual capacity if the secured suite of the Labor Relations Management and Budget if the Department of Justice (DOJ) has agreed Group. Access to and use of these Department concludes that disclosure is to provide or arrange for representation records are limited to personnel who desirable or necessary in determining for the employee; have a need for the records in the whether particular records are required (iv) Any Department employee in his performance of their duties. to be disclosed under the FOIA. or her individual capacity where the RETENTION AND DISPOSAL: (5) Employment, Benefit, and agency has agreed to represent the Records are destroyed 5 years after Contracting Disclosure. employee; or final resolution of case. (a) For Decisions by the Department. (v) The United States where the The Department may disclose a record Department determines that the SYSTEM MANAGER(S) AND ADDRESS: to a Federal, State, or local agency litigation is likely to affect the Director, Labor Relations Group, maintaining civil, criminal, or other Department or any of its components; Office of Management, U.S. Department relevant enforcement or other pertinent (vi) The arbitrator that the Department of Education, 400 Maryland Ave., SW., records, or to another public authority and AFGE Council 252 contracts to hear Room 2C136, Washington, DC 20202– or professional organization, if arbitration hearings as the result of 4754. necessary to obtain information relevant invocation of arbitration under the to a Department decision concerning the collective bargaining agreement between NOTIFICATION PROCEDURE: hiring or retention of an employee or them. If you wish to determine whether a other personnel action, the issuance of (b) Disclosure to the DOJ. If the record exists regarding you in the a security clearance, the letting of a Department determines that disclosure system of records, provide the system contract, or the issuance of a license, of certain records to the DOJ is relevant manager with your name, approximate grant, or other benefit. and necessary to litigation or ADR, the date of grievance, and management

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Your The information in this system is used or her individual capacity where the request must meet the requirements of in the processing, investigation and agency has agreed to represent the the regulations at 34 CFR 5b.5, litigation of unfair labor practice charges employee; or including proof of identity. that may be filed by the AFGE Council 1(v) The United States where the 252, any of the AFGE Local offices Department determines that the RECORD ACCESS PROCEDURES: located at Department Headquarters and litigation is likely to affect the If you wish to gain access to a record each of 10 regional offices and by Department or any of its components; in this system, contact the system bargaining unit employees of the (vi) The arbitrator that the Department manager at the above address. Your Department. and AFGE Council 252 contracts to hear request must meet the requirements of arbitration hearings as the result of the at 34 CFR 5b.5, including proof of ROUTINE USES OF RECORDS MAINTAINED IN THE invocation of arbitration under the SYSTEM, INCLUDING CATEGORIES OF USERS AND identity. collective bargaining agreement between THE PURPOSE OF SUCH USES: them. CONTESTING RECORD PROCEDURES: The Department of Education (b) Disclosure to the DOJ. If the If you wish to contest the content of (Department) may disclose information Department determines that disclosure records regarding you in this system, contained in a record in this system of of certain records to the DOJ is relevant contact the system manager at the above records under the routine uses listed in and necessary to litigation or ADR, the address and reasonably identify the this system of records without the Department may disclose those records record and specify the information consent of the individual if the as a routine use to the DOJ. contested. Your request must meet the disclosure is compatible with the (c) Administrative Disclosures. If the requirements of the regulations at 34 purposes for which the record was Department determines that disclosure CFR 5b.7. collected. These disclosures may be of certain records to an adjudicative made on a case-by-case basis or, if the body before which the Department is RECORD SOURCE CATEGORIES: Department has complied with the authorized to appear, an individual or Information in this system of records computer matching requirements of the entity designated by the Department or is obtained directly from information Act, under a computer matching otherwise empowered to resolve or supplied by the individual; testimony of agreement. mediate disputes is relevant and (1) Agency Disclosure. The witnesses, union officials, or by necessary to the administrative Department may disclose information Department officials. litigation, the Department may disclose from this system to the Office of those records as a routine use to the SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Personnel Management, Merit Systems OF THE ACT: adjudicative body, individual, or entity. Protection Board (including its Office of (d) Parties, counsels, representatives None. Special Counsel), Equal Employment and witnesses. If the Department Opportunity Commission, and the 18±05±07 determines that disclosure of certain Federal Labor Relations Authority records to a party, counsel, SYSTEM NAME: (including the General Counsel of the representative or witness in an Unfair Labor Practice Records. Authority and the Federal Systems administrative proceeding is relevant Impasses Panel) to facilitate their and necessary to the litigation, the SYSTEM CLASSIFICATION: administrative or enforcement Department may disclose those records None. functions. as a routine use to the party, counsel, (2) Congressional Member Disclosure. representative or witness. SYSTEM LOCATION: The Department may disclose records to Labor Relations Group, Office of a member of Congress from the record DISCLOSURE TO CONSUMER REPORTING Management, U.S. Department of of an individual in response to an AGENCIES: Education, 400 Maryland Ave., SW., inquiry from the member made at the None. Room 2C136, Washington, DC 20202– written request of that individual. The POLICIES AND PRACTICES FOR STORING, 4754. member’s right to the information is no greater than the right of the individual RETRIEVING, ACCESSING, RETAINING, AND CATEGORIES OF INDIVIDUALS COVERED BY THE who requested it. DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM: (3) Litigation and Alternative Dispute STORAGE: This system contains records on Resolution (ADR) Disclosures. Records are maintained in hard copy present and past Department employees (a) Introduction. In the event that one and a list of individual names are kept and union officials. of the parties listed below is involved in on electronic media. litigation or ADR, or has an interest in CATEGORIES OF RECORDS IN THE SYSTEM: litigation ADR, the Department may RETRIEVABILITY: This system of records consists of a disclose certain records to the parties Records are retrievable by file number variety of records relating to an unfair described in paragraphs (b), (c) and (d) which are cross-referenced by labor practice charge including the of this routine use under the conditions individual names. employee’s name, Social Security specified in those paragraphs: number, grade, job title, employment (i) The Department of Education, or SAFEGUARDS: history and a variety of work and any component of the Department; or When not in use by authorized personnel records associated with the (ii) Any Department employee in his persons, these records are stored in charges and required under proceedings or her official capacity; or metal file cabinets stored within the established by 5 U.S.C. 7101 and (iii) Any Department employee in his secured suite of the Labor Relations Department of Labor Regulations. or her individual capacity if the Group. Access to and use of these Department of Justice (DOJ) has agreed records are limited to personnel who AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to provide or arrange for representation have a need for the records in the 5 U.S.C. 7101. for the employee; performance of official duties.

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RETENTION AND DISPOSAL: Education, 400 Maryland Avenue, SW., Opportunity Commission, and the According to the Records Retention Washington, DC 20202-4754. See the Federal Labor Relations Authority Schedule of the NARA, records are Appendix at the end of this system (including the General Counsel of the maintained for 5 years. notice for additional system locations. Authority and the Federal Systems Impasses Panel) to facilitate their SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF INDIVIDUALS COVERED BY THE administrative or enforcement SYSTEM: Director, Labor Relations Group, U.S. functions. Department of Education, 400 Maryland This system contains records on (2) Congressional Member Disclosure. Ave., SW., Room 2C136, Washington, current and former Department The Department may disclose records to DC 20202-4754. professional and nonprofessional a member of Congress from the record employees who are non-temporary, non- of an individual in response to an NOTIFICATION PROCEDURE: schedule C, non-supervisory and non- inquiry from the member made at the If you wish to determine whether a managerial employees and union written request of that individual. The record exists regarding you in the officials who report use of official time member’s right to the information is no system of records, provide the system as defined under the Federal Service greater than the right of the individual manager with your name, approximate Labor-Management Relations Statute, 5 who requested it. date of record, the unfair labor practice U.S.C. 7101. (3) Litigation and Alternative Dispute charges as specified by the complainant, CATEGORIES OF RECORDS IN THE SYSTEM: Resolution (ADR) Disclosures. and management component against (a) Introduction. In the event that one which the charge was filed. Your This system of records consists of the of the parties listed below is involved in request must meet the requirements of individual employees’ Department litigation or ADR, or has an interest in the regulations at 34 CFR 5b.5, Flexible Schedule Certification Form litigation ADR, the Department may including proof of identity. and the electronic transcript of the disclose certain records to the parties number of hours attributable for each RECORD ACCESS PROCEDURES: described in paragraphs (b), (c) and (d) pay period into an active accounting of of this routine use under the conditions If you wish to gain access to a record total hours used by each individual specified in those paragraphs: in this system, contact the system employee to be reported to authorized (i) The Department of Education, or manager at the above address. Your Executive Branch agencies and to the any component of the Department; or request must meet the requirements of Congress as requested. (ii) Any Department employee in his the regulations at 34 CFR 5b.5, or her official capacity; or including proof of identity. AUTHORITY FOR THE MAINTENANCE OF THE SYSTEM: (iii) Any Department employee in his CONTESTING RECORD PROCEDURES: Federal Service Labor Management or her individual capacity if the Department of Justice (DOJ) has agreed If you wish to contest the content of Relations Statute (FSLMRS), 5 U.S.C. to provide or arrange for representation records regarding you in this system, 7101. for the employee; contact the system manager at the above PURPOSES: (iv) Any Department employee in his address and reasonably identify the or her individual capacity where the record and specify the information The information contained in this agency has agreed to represent the contested. Your request must meet the system is used to determine compliance with the collective bargaining agreement employee; or requirements of the regulations at 34 (v) The United States where the CFR 5b.7. between the U.S. Department of Education and the American Federation Department determines that the RECORD SOURCE CATAGORIES: of Government Employees’ Council of litigation is likely to affect the Information in this system of records Education Locals, No. 252 under the Department or any of its components; is: FSLMRS and to produce reports as may (vi) The arbitrator that the Department (1) Supplied directly by the be required by the Congress. and AFGE Council 252 contracts to hear individual; or arbitration hearings as the result of (2) Derived from information supplied ROUTINE USES OF RECORDS MAINTAINED IN THE invocation of arbitration under the SYSTEM, INCLUDING CATAGORIES OF USERS AND collective bargaining agreement between by the individual; or THE PURPOSE OF SUCH USES: (3) Supplied by testimony of them. The Department of Education witnesses; or (b) Disclosure to the DOJ. If the (4) Supplied by Department officials. (Department) may disclose information Department determines that disclosure contained in a record in this system of of certain records to the DOJ is relevant SYSTEMS EXEMPTED FROM CERTAIN PROVISISIONS records under the routine uses listed in and necessary to litigation or ADR, the OF THE ACT: this system of records without the Department may disclose those records None. consent of the individual if the as a routine use to the DOJ. disclosure is compatible with the (c) Administrative Disclosures. If the 18±05±08 purposes for which the record was Department determines that disclosure SYSTEM NAME: collected. These disclosures may be of certain records to an adjudicative made on a case-by-case basis or, if the Official Time Records of Union body before which the Department is Department has complied with the Officials and Bargaining Unit authorized to appear, an individual or computer matching requirements of the Employees at the Department of entity designated by the Department or Act, under a computer matching Education. otherwise empowered to resolve or agreement. mediate disputes is relevant and SYSTEM CLASSIFICATION: (1) Agency Disclosure. The necessary to the administrative None. Department may disclose information litigation, the Department may disclose from this system to the Office of those records as a routine use to the SYSTEM LOCATION: Personnel Management, Merit Systems adjudicative body, individual, or entity. Labor Relations Group, Office of Protection Board (including its Office of (d) Parties, counsels, representatives Management, U.S. Department of Special Counsel), Equal Employment and witnesses. If the Department

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.038 pfrm02 PsN: 04JNN2 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30131 determines that disclosure of certain the regulations at 34 CFR 5b.5, 18-05-09 records to a party, counsel, including proof of identity. SYSTEM NAME: representative or witness in an administrative proceeding is relevant CONTESTING RECORD PROCEDURES: Voluntary Leave Transfer (VLT) Program. and necessary to the litigation, the If you wish to contest the content of Department may disclose those records records regarding you in this system, SECURITY CLASSIFICATION: as a routine use to the party, counsel, contact the system manager at the above None. representative or witness. address and reasonably identify the (4) Freedom of Information Act SYSTEM LOCATION: record and specify the information (FOIA) Advice Disclosure. The contested. Your request must meet the Director, Office of Management, U.S. Department may disclose records to the requirements of the regulations at 34 Department of Education, 400 Maryland Department of Justice and the Office of CFR 5b.7. Avenue, SW., Room 2W300, Management and Budget if the Washington, DC 20202. Department concludes that disclosure is RECORD SOURCE CATEGORIES: desirable or necessary in determining CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: whether particular records are required Information in this system of records to be disclosed under the FOIA. is: This system contains records on Department of Education employees (1) Supplied directly by the DISCLOSURE TO CONSUMER REPORTING seeking voluntary donations of annual AGENCIES: individual, or leave from other federal employees in Not applicable to this system of (2) Supplied by union officials, or order to cover leave shortfalls brought records. (3) Supplied by Department officials. about by documented medical emergencies. POLICIES AND PRACTICES FOR STORING, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS RETRIEVING, ACCESSING, RETAINING, AND CATEGORIES OF RECORDS IN THE SYSTEM: OF THE ACT: DISPOSING OF RECORDS IN THE SYSTEMS: This system consists of written STORAGE: None. applications of employees seeking Records are maintained in hard copy Appendix to 18-05-08 assistance from the program, medical and electronic media after transcription statements certifying need, agency Additional system Locations from hard copy. approvals or denials, leave donation Employee Relations Team, Office of records, leave transfer records, RETRIEVABILITY: Management, U.S. Department of supervisor/timekeeper approvals, Records are retrievable by name. Education, 400 Maryland Avenue, SW., payroll notification records, leave Room 2E233, Washington, DC 20202- program termination records, and other SAFEGUARDS: 4737. related documents. Most of these Informal Dispute Resolution Center, Office of Records are stored in electronic records contain individual Social databases stored in secured rooms with Hearings and Appeals, U.S. Department of Education, L’Enfant Plaza, Room Security numbers. access limited to those whose official 2100A, Washington, DC 20202. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: duties require access. Regional Personnel Office, U.S. Department of Education, O’Neill Federal Building, Pub. L. 100–566; 5 CFR 630.913.1. RETENTION AND DISPOSAL: 10 Causeway Street, Room 1095, Boston, PURPOSE(S): According to the National Archives MA 02222. and Records Administration’s General Regional Personnel Office, U.S. Department The information contained in this Records Schedules, records are of Education, 75 Park Place, 12th Floor, system is used for the purposes of maintained for 5 years. New York, NY 10007. determining program eligibility and for Regional Personnel Office, U.S. Department documenting voluntary transfers of SYSTEM MANAGER(S) AND ADDRESS: of Education, Wanamaker Building, 100 leave to program recipients. Director, Labor Relations Group, Penn Square East, Suite 503, Office of Management, U.S. Department Philadelphia, PA 10107. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND of Education, 400 Maryland Avenue, Regional Personnel Office, U.S. Department THE PURPOSE OF SUCH USES: SW., Room 2C136, Washington, DC of Education, 61 Forsyth Street, SW, Suite 8T55, Atlanta, GA 30303. 20202-4754. The Department of Education Regional Personnel Office, U.S. Department (Department) may disclose information NOTIFICATION PROCEDURE: of Education, 111 N. Canal Street, Room contained in a record in this system of 1084, Chicago, IL 60606. records under the routine uses listed in If you wish to determine whether a Regional Personnel Office, U.S. Department record exists regarding you in the of Education, 1999 Bryan Street, Suite this system of records without the system of records, provide the system 2710, Dallas, TX 75201-6817. consent of the individual if the manager with your name, approximate Regional Personnel Office, U.S. Department disclosure is compatible with the date of grievance, and management of Education, 10220 North Executive purposes for which the record was component or individual or both against Hills Boulevard, 9th Floor, Kansas City, collected. These disclosures may be whom the grievance was filed. Your MO 64153. made on a case-by-case basis or, if the request must meet the requirements of Regional Personnel Office, U.S. Department Department has complied with the the regulations at 34 CFR 5b.5, of Education, 1244 Speer Boulevard, computer matching requirements of the Room 353, Denver, CO 80204-3582. including proof of identity. Act, under a computer matching Regional Personnel Office, U.S. Department agreement. RECORD ACCESS PROCEDURES: of Education, 50 United Nations Plaza, Room 207, San Francisco, CA 94102- (1) Program Disclosures. The If you wish to gain access to a record 4987. Department may disclose records to (1) in this system, contact the system Regional Personnel Office, U.S. Department the Office for Personnel Management in manager at the above address. Your of Education, 915 Second Avenue, Room order to respond to requests for request must meet the requirements of 3388, Seattle, WA 98174-1099. information or other official inquiries;

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.039 pfrm02 PsN: 04JNN2 30132 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices and (2) the staff of the Department of may disclose information to any (8) Freedom of Information Act Interior responsible for preparation of Federal, State, local, or foreign agency (FOIA) Advice Disclosure. The payroll documents, or other public authority responsible for Department may disclose records to the (2) Litigation and Alternative Dispute enforcing, investigating, or prosecuting Department of Justice and the Office of Resolution (ADR) Disclosures. violations of administrative, civil, or Management and Budget if the (a) Introduction. In the event that one criminal law or regulation if that Department concludes that disclosure is of the parties listed below is involved in information is relevant to any desirable or necessary in determining litigation or ADR, or has an interest in enforcement, regulatory, investigative, whether particular records are required litigation ADR, the Department may or prosecutive responsibility within the to be disclosed under the FOIA. disclose certain records to the parties receiving entity’s jurisdiction. (9) Contract Disclosure. If the described in paragraphs (b), (c) and (d) (5) Enforcement Disclosure. In the Department contracts with an entity for of this routine use under the conditions event that information in this system of the purposes of performing any function specified in those paragraphs: records indicates, either on its face or in that requires disclosure of records in (i) The Department of Education, or connection with other information, a this system to employees of the any component of the Department; or violation or potential violation of any contractor, the Department may disclose (ii) Any Department employee in his applicable statute, regulation, or order the records to those employees. Before or her official capacity; or of a competent authority, the entering into such a contract, the (iii) Any Department employee in his Department may disclose the relevant Department shall require the contractor or her individual capacity if the records to the appropriate agency, to maintain Privacy Act safeguards as Department of Justice (DOJ) has agreed whether foreign, Federal, State, Tribal, required under 5 U.S.C. 552a(m) with to provide or arrange for representation or local, charged with the responsibility respect to the records in the system. for the employee; of investigating or prosecuting that (iv) Any Department employee in his violation or charged with enforcing or DISCLOSURE TO CONSUMER PROTECTION or her individual capacity where the implementing the statute, executive AGENCIES: agency has agreed to represent the order, rule, regulation, or order issued Not applicable to this system of employee; or pursuant thereto. records. (v) The United States where the (6) Employment, Benefit, and POLICIES AND PRACTICES FOR STORING, Department determines that the Contracting Disclosure. RETRIEVING, ACCESSING, RETAINING, AND litigation is likely to affect the (a) For Decisions by the Department. DISPOSING OF RECORDS IN THE SYSTEM: Department or any of its components. The Department may disclose a record (b) Disclosure to the DOJ. If the to a Federal, State, or local agency STORAGE: Department determines that disclosure maintaining civil, criminal, or other Records are stored in file folders in a of certain records to the DOJ is relevant relevant enforcement or other pertinent manual filing system. and necessary to litigation or ADR, the records, or to another public authority RETRIEVABILITY: Department may disclose those records or professional organization, if Records are retrievable by name of as a routine use to the DOJ. necessary to obtain information relevant program recipient. (c) Administrative Disclosures. If the to the Department decision concerning Department determines that disclosure the hiring or retention of an employee SAFEGUARDS: of certain records to an adjudicative or other personnel action, the issuance Access to and use of these records are body before which the Department is of a security clearance, the letting of a limited to personnel whose official authorized to appear, an individual or contract, or the issuance of a license, duties require such access. Personnel entity designated by the Department or grant, or other benefit. screening is employed to prevent otherwise empowered to resolve or (b) For Decisions by Other Public unauthorized disclosure. mediate disputes is relevant and Agencies and Professional necessary to the administrative Organizations. The Department may RETENTION AND DISPOSAL: litigation, the Department may disclose disclose a record to a Federal, State, Records are retained for one year after those records as a routine use to the local, or foreign agency or other public the end of the year in which the file is adjudicative body, individual, or entity. authority or professional organization, closed and are then destroyed. (d) Parties, counsels, representatives in connection with the hiring or SYSTEM MANAGER AND ADDRESS: and witnesses. If the Department retention of an employee or other determines that disclosure of certain personnel action, the issuance of a Director, Office of Management, U.S. records to a party, counsel, security clearance, the reporting of an Department of Education, 400 Maryland representative or witness in an investigation of an employee, the letting Avenue, SW., Room 2W300, administrative proceeding is relevant of a contract, or the issuance of a Washington, DC 20202. and necessary to the litigation, the license, grant, or other benefit, to the NOTIFICATION PROCEDURE: Department may disclose those records extent that the record is relevant and If you wish to determine whether a as a routine use to the party, counsel, necessary to the receiving entity’s record exists regarding you in the representative or witness. decision on the matter. system of records, provide the system (3) Congressional Member Disclosure. (7) Labor Organization Disclosure. A manager with your name, approximate The Department may disclose records to component of the Department may date of grievance, and management a member of Congress from the record disclose records to a labor organization component and/or individual against of an individual in response to an if a contract between the component whom the grievance was filed. Your inquiry from the member made at the and a labor organization recognized request must meet the requirements of written request of that individual. The under Title V of the United States Code, the regulations at 34 CFR 5b.5, member’s right to the information is no Chapter 71, provides that the including proof of identity. greater than the right of the individual Department will disclose personal who requested it. records relevant to the organization’s RECORD ACCESS PROCEDURES: (4) Disclosure for Use by Other Law mission. The disclosures will be made If you wish to gain access to a record Enforcement Agencies. The Department only as authorized by law. in this system, contact the system

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If you wish to contest the content of Hard copies of the ‘‘Summary When the Official Personnel Folder records regarding you in this system, Evaluation and Comments Reports’’, are (OPF) and EPF of a GPAS employee are contact the system manager at the above generated by the GPAS System/Group sent to another agency or to the National address and reasonably identify the Administrator. These reports are treated Personnel Records Center, the Servicing record and specify the information with utmost confidentiality. They are Personnel Office shall include all contested. Your request must meet the provided to the employee’s supervisor Ratings of Record that are four years old requirements of the regulations at 34 and shared with the employee, or less, any required comments, and the CFR 5b.7. approving official and with other associated GPAS Employee Performance RECORD SOURCE CATEGORIES: appropriate management employees on Agreements in the EPF. a ‘‘need-to-know’’ basis. The GPAS Information in this system of records (2) Disclosure for Use by Other Law System/Group Administrator retains a is provided by the individual to whom Enforcement Agencies. The Department hard copy of the Summary and it applies, is derived from information may disclose information to any Comments Reports for each employee he or she supplied or is obtained from Federal, State, local, or foreign agency for one year. information supplied by others. or other public authority responsible for The GPAS System/Group enforcing, investigating, or prosecuting SYSTEM EXEMPTED FROM CERTAIN PROVISIONS Administrator maintains hard copies of violations of administrative, civil, or OF THIS ACT: the feedback and comments reports for criminal law or regulation if that None. one year. information is relevant to any Hard copies of the GPAS Employee enforcement, regulatory, investigative, 18±05±10 Performance Agreement, Rating of or prosecute responsibility within the SYSTEM NAME: Record, and any required comments are receiving entity’s jurisdiction. General Performance Appraisal maintained in the employee’s Employee (3) Enforcement Disclosure. In the System (GPAS). Performance File for four years. event that information in this system of records indicates, either on its face or in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SECURITY CLASSIFICATION: connection with other information, a None. 5 U.S.C. 43; Title 5, Code of Federal violation or potential violation of any Regulations (CFR), part 430, applicable statute, regulation, or order SYSTEM LOCATION: Performance Management, subparts A of a competent authority, the Human Resources Group, Office of and B. Department may disclose the relevant Management, U.S. Department of PURPOSE(S): records to the appropriate agency, Education, 400 Maryland Avenue, SW., whether foreign, Federal, State, Tribal, The information in this system is used Room 2E300, Washington, DC 20202– or local, charged with the responsibility to generate feedback reports on 4737. See the Appendix at the end of of investigating or prosecuting that employees which are taken into this system notice for additional system violation or charged with enforcing or consideration when the employee’s locations. implementing the statute, executive supervisor provides the summary rating order, rule, regulation, or order issued CATEGORIES OF INDIVIDUALS COVERED BY THE incorporated in the ‘‘Rating of Record,’’ pursuant thereto. SYSTEM: which is the official rating document (4) Litigation and Alternative Dispute The U.S. Department of Education placed in an employee’s Employee Resolution (ADR) Disclosures. (Department), General Performance Performance File (EPF). (a) Introduction. In the event that one Appraisal System (GPAS) contains the of the parties listed below is involved in performance appraisal of all Department ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND litigation or ADR, or has an interest in employees in General Schedule (GS), THE PURPOSE OF SUCH USES: litigation or ADR, the Department may General Merit (GM), Administratively disclose certain records to the parties Determined (AD), and prevailing rate The Department may disclose described in paragraphs (b), (c) and (d) plans. information contained in a record in this system of records under the routine of this routine use under the conditions CATEGORIES OF RECORDS IN THE SYSTEM: uses listed in this system of records specified in those paragraphs: The Department GPAS software holds without the consent of the individual if (i) The Department of Education, or two categories of data on employees the disclosure is compatible with the any component of the Department; or participating in Department’s purpose for which the record was (ii) Any Department employee in his performance appraisal process. These collected. These disclosures may be or her official capacity; or records include: made on a case-by-case basis or, if the (iii) Any Department employee in his (1) Personnel data, such as name, Department has complied with the or her individual capacity if the social security number, organizational computer matching requirements of the Department of Justice (DOJ) has agreed entity, supervisor, position title, series Act, under a computer matching to provide or arrange for representation and grade; and agreement. for the employee; (2) Performance appraisal data: GPAS (1) Employment-Related Disclosures. (iv) Any Department employee in his Employee Performance Agreement, The Department may disclose records to or her individual capacity where the evaluation standards, list of evaluators, Department supervisors and other agency has agreed to represent the scores and comments. management personnel on a ‘‘need-to- employee; or Hard copies of an employee’s GPAS know’’ basis. The records may be used (v) The United States where the Employee Performance Agreement, as a basis for, or in conjunction with, Department determines that the

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A Department may disclose records to Department may disclose those records component of the Department may OMB as necessary to fulfill CRA as a routine use to the DOJ. disclose records to a labor organization requirements. (c) Administrative Disclosures. If the if a contract between the component Department determines that disclosure and a labor organization recognized DISCLOSURES TO CONSUMER REPORTING of certain records to an adjudicative under Title V of the United States Code, AGENCIES: body before which the Department is Chapter 71, provides that the Not applicable to this system of authorized to appear, an individual or Department will disclose personal records. entity designated by the Department or records relevant to the organization’s POLICIES AND PRACTICES FOR STORING, otherwise empowered to resolve or mission. The disclosures will be made RETRIEVING, ACCESSING, RETAINING, AND mediate disputes is relevant and only as authorized by law. DISPOSING OF RECORDS IN THE SYSTEM: necessary to the administrative (8) Freedom of Information Act litigation, the Department may disclose (FOIA) Advice Disclosure. The STORAGE: those records as a routine use to the Department may disclose records to the The Department GPAS electronic adjudicative body, individual, or entity. Department of Justice and the Office of records reside on a single dedicated (d) Parties, counsels, representatives Management and Budget if the computer that is housed in a secure and witnesses. If the Department Department concludes that disclosure is area. The GPAS System Administrator determines that disclosure of certain desirable or necessary in determining retains for one year a hard copy of each records to a party, counsel, whether particular records are required employee’s ‘‘Summary Appraisal representative or witness in an to be disclosed under the FOIA. Report,’’ ‘‘Summary Evaluation Report,’’ administrative proceeding is relevant (9) Disclosure to the Department of and any Comments Reports. These are and necessary to the litigation, the Justice (DOJ). The Department may housed in locked file cabinets in the Department may disclose those records disclose records to the DOJ to the extent GPAS unit at the Department. Hard as a routine use to the party, counsel, necessary for obtaining DOJ advice on copies of Ratings of Records, GPAS representative or witness. any matter relevant to an audit, Employee Performance Agreements and (5) Employment, Benefit, and inspection, or other inquiry related to any related required comments are Contracting Disclosure. the programs covered by this system. stored in an employee’s EPF in a locked (a) Decisions by the Department. The (10) Contract Disclosure. If the room. Department may disclose a record to a Department contracts with an entity for Federal, State, or local agency the purposes of performing any function RETRIEVABILITY: maintaining civil, criminal, or other that requires disclosure of records in The GPAS records may be retrieved relevant enforcement or other pertinent this system to employees of the by an employee’s name or social records, or to another public authority contractor, the Department may disclose security number. or professional organization, if the records to those employees. Before necessary to obtain information relevant entering into such a contract, the SAFEGUARDS: to a Department decision concerning the Department shall require the contractor All physical records are maintained in hiring or retention of an employee or to maintain Privacy Act safeguards as locked file cabinets. Employees have other personnel action, the issuance of required under 5 U.S.C. 552a(m) with access to the GPAS software at their a security clearance, the letting of a respect to the records in the system. workstations, controlled by passwords contract, or the issuance of a license, (11) Research Disclosure. The that the employees designate. If grant, or other benefit. Department may disclose records to a individuals walk into employees’ work (b) Decisions by Other Public researcher if an appropriate official of area while employees are using the Agencies and Professional the Department determines that the GPAS software, the software includes a Organizations. The Department may individual or organization to which the Hide key so that the evaluations will not disclose a record to a Federal, State, disclosure would be made is qualified to be compromised. System and group local, or foreign agency or other public carry out specific research related to administrators maintain the GPAS authority or professional organization, functions or purposes of this system of software. These individuals are the only in connection with the hiring or records. The official may disclose individuals who have access to the retention of an employee or other records from this system of records to entire database. They do not have personnel action, the issuance of a that researcher solely for the purpose of employees’ passwords, but have the security clearance, the reporting of an carrying out that research related to the ability to change the passwords upon investigation of an employee, the letting functions or purposes of this system of request. of a contract, or the issuance of a records. The researcher shall be The database is protected by stringent license, grant, or other benefit, to the required to maintain Privacy Act security mechanisms that include a extent that the record is relevant and safeguards with respect to the disclosed combination of hardware, operating necessary to the receiving entity’s records. system, application software, database decision on the matter. (12) Congressional Member software, and procedures. All physical (6) Employee Grievance, Complaint or Disclosure. The Department may access to the Department site, and the Conduct Disclosure. The Department disclose records to a member of sites of Department contractors where may disclose a record in this system of Congress from the record of an this system of records are maintained, is records to an arbitrator or another individual in response to an inquiry controlled and monitored by security agency of the Federal Government if the from the member made at the written personnel who check each individual record is relevant to one of the following request of that individual. The entering the building for his or her proceedings regarding a present or member’s right to the information is no employee or visitor badge.

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RETENTION AND DISPOSAL: employees, supervisors, and evaluation training-related activity. For internal An employee’s records remain in the team members. training use, TRAINS has tables of GPAS database until employment with course names and categories required to the Department is terminated. Some SYSTEM EXEMPTED FROM CERTAIN PROVISIONS set up internal training classes and OF THE ACT: data is housed temporarily in the GPAS report the statistics on training offerings database during each of the None. (numbers of attendees for specific Department’s annual and midpoint Appendix to 18–05–10 courses during specific date parameters, reviews or surveys during which new Additional System Locations and System for example). TRAINS also contains data is entered directly into the GPAS Managers tables of users’ identification system by the employee and their information, building addresses, room Regional Personnel Officer, Human evaluation team members and Resources Group, U.S. Department of locations, and vendor names and accumulates over the course of the Education, 61 Forsyth Street, SW., Suite addresses. review process. An employee’s GPAS 18T55, Atlanta, GA 30303. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Employee Performance Agreement, Regional Personnel Officer, Human which identifies their performance Resources Group, U.S. Department of 5 U.S.C. 4103 (1994). Education, 111 N. Canal Street, Room elements and standards, and the ‘‘Rating PURPOSE(S): of Record,’’ Department’s official 1084, Chicago, IL 60606. performance review document, are kept Regional Personnel Officer, Human TRAINS is used for the following in the employee’s EPF for four years. If Resources Group, U.S. Department of purposes: (1) To track course Education, 50 United Nations Plaza, the employee leaves the Department enrollments; (2) provide course rosters; Room 207, San Francisco, CA 94102– (3) to produce attendance records for prior to the end of the 4 years, the GPAS 4987. records are forwarded to either the employees who attend internal training National Personnel Records Center or 18±05±11 classes; (4) to produce reports on the agency to which the employee individual employees’ training SYSTEM NAME: transferred. activities; (5) to produce reports on Training Registration and Information training activities conducted by SYSTEM MANAGER(S) AND ADDRESS: System (TRAINS). individual organizations within the Director, Human Resources Group, Department; and (6) by employees to SECURITY CLASSIFICATION: Office of Management, U.S. Department request approval to attend training of Education, 400 Maryland Avenue, None. activities conducted outside the SW., FB–6, Room 2E300, Washington, SYSTEM LOCATION: Department. DC 20202–4737. See the Appendix at Training and Development Center, the end of this system notice for ROUTINE USES OF RECORDS MAINTAINED IN THE Office of Management, U.S. Department SYSTEM, INCLUDING CATEGORIES OF USERS AND additional system managers. of Education, 400 Maryland Avenue, THE PURPOSE OF SUCH USES: NOTIFICATION PROCEDURE: SW., Room 2W210, Washington, DC The Department of Education If an employee wishes to determine 20202. See Appendix at the end of this (Department) may disclose information whether a record exists regarding them system notice for additional system contained in a record in this system of in the system of records, the employee locations. records under the routine uses listed in should provide the system manager CATEGORIES OF INDIVIDUALS COVERED BY THE this notice without the consent of the with his name (including all names SYSTEM: individual if the disclosure is used) and social security number. The TRAINS contains records of compatible with the purposes for which request must meet the requirements of employees who register to attend the record was collected. These the regulations at Title 5, Code of training classes within the Department disclosures may be made on a case-by- Federal Regulations, part 34 § 5b.5, or who request training with an outside case basis or, if the Department has including proof of identity. The vendor for which approval and payment complied with the computer matching employee may present a request in is required. requirements of the Act, under a person at any of the locations identified computer matching agreement. for this system of records or address it CATEGORIES OF RECORDS IN THE SYSTEM: (1) Disclosure for Use by Other Law to the appropriate system manager. TRAINS consists of records relating to Enforcement Agencies. The Department an employee’s applications for, and may disclose information to any RECORD ACCESS PROCEDURES: participation in, Department training Federal, State, local, or foreign agency If you wish to gain access to the classes (internal training) and training or other public authority responsible for records regarding you in this system of courses, conferences, or other training- enforcing, investigating, or prosecuting records, you should contact the system related activities offered by vendors or violations of administrative, civil, or manager at the above address. Your government agencies outside the criminal law or regulation if that request must meet the regulations at 34 Department (external training). In information is relevant to any CFR 5b.5, including proof of identity. addition to the employee’s name, the enforcement, regulatory, investigative, CONTESTING RECORD PROCEDURES: system contains the employee’s Social or prosecutive responsibility within the If you wish to contest the content of Security Account Number, position receiving entity’s jurisdiction. a record, you should contact the system level, pay plan, grade, series, (2) Enforcement Disclosure. In the manager at the above address. Your organization in which employed, event that information in this system of request must meet the regulations at 34 building/room/telephone number, records indicates, either on its face or in CFR 5b.7. service completion date, supervisor’s connection with other information, a name, training requests, record of violation or potential violation of any RECORD SOURCE CATEGORIES: whether the employee attended or did applicable statute, regulation, or order The information in this system comes not attend the internal class, and record of a competent authority, the from the Department’s integrated of approval by principal office and cost Department may disclose the relevant personnel/payroll system, the of the external training, conference or records to the appropriate agency,

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.045 pfrm02 PsN: 04JNN2 30136 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices whether foreign, Federal, State, Tribal, records, or to another public authority contractor, the Department may disclose or local, charged with the responsibility or professional organization, if the records to those employees. Before of investigating or prosecuting that necessary to obtain information relevant entering into such a contract, the violation or charged with enforcing or to a Department decision concerning the Department shall require the contractor implementing the statute, executive hiring or retention of an employee or to maintain Privacy Act safeguards as order, rule, regulation, or order issued other personnel action, the issuance of required under 5 U.S.C. 552a(m) with pursuant thereto. a security clearance, the letting of a respect to the records in the system. (3) Litigation and Alternative Dispute contract, or the issuance of a license, (10) Research Disclosure. The Resolution (ADR) Disclosures. grant, or other benefit. Department may disclose records to a (a) Introduction. In the event that one (b) For Decisions by Other Public researcher if an appropriate official of of the parties listed below is involved in Agencies and Professional the Department determines that the litigation or ADR, or has an interest in Organizations. The Department may individual or organization to which the litigation ADR, the Department may disclose a record to a Federal, State, disclosure would be made is qualified to disclose certain records to the parties local, or foreign agency or other public carry out specific research related to described in paragraphs (b), (c) and (d) authority or professional organization, functions or purposes of this system of of this routine use under the conditions in connection with the hiring or records. The official may disclose specified in those paragraphs: retention of an employee or other records from this system of records to (i) The Department of Education, or personnel action, the issuance of a that researcher solely for the purpose of any component of the Department; or security clearance, the reporting of an carrying out that research related to the (ii) Any Department employee in his investigation of an employee, the letting functions or purposes of this system of or her official capacity; or of a contract, or the issuance of a records. The researcher shall be (iii) Any Department employee in his license, grant, or other benefit, to the required to maintain Privacy Act or her individual capacity if the extent that the record is relevant and safeguards with respect to the disclosed Department of Justice (DOJ) has agreed necessary to the receiving entity’s records. to provide or arrange for representation decision on the matter. (11) Congressional Member for the employee; (5) Employee Grievance, Complaint or Disclosure. The Department may (iv) Any Department employee in his Conduct Disclosure. The Department disclose records to a member of or her individual capacity where the may disclose a record in this system of Congress from the record of an agency has agreed to represent the records to another agency of the Federal individual in response to an inquiry employee; or Government if the record is relevant to from the member made at the written (v) The United States where the one of the following proceedings request of that individual. The Department determines that the regarding a present or former employee member’s right to the information is no litigation is likely to affect the of the Department: complaint, greater than the right of the individual Department or any of its components. grievance, discipline or competence who requested it. (b) Disclosure to the DOJ. If the determination proceedings. The (12) Disclosure to the Office of Department determines that disclosure disclosure may only be made during the Management and Budget (OMB) for of certain records to the DOJ is relevant course of the proceeding. Credit Reform Act (CRA) Support. The and necessary to litigation or ADR, the (6) Labor Organization Disclosure. A Department may disclose records to Department may disclose those records component of the Department may OMB as necessary to fulfill CRA as a routine use to the DOJ. disclose records to a labor organization requirements. (c) Administrative Disclosures. If the if a contract between the component Department determines that disclosure and a labor organization recognized DISCLOSURE TO CONSUMER REPORTING of certain records to an adjudicative under Title V of the United States Code, AGENCIES: body before which the Department is Chapter 71, provides that the Not applicable to this system of authorized to appear, an individual or Department will disclose personal records. entity designated by the Department or records relevant to the organization’s otherwise empowered to resolve or mission. The disclosures will be made POLICIES AND PRACTICES FOR STORING, mediate disputes is relevant and only as authorized by law. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: necessary to the administrative (7) Freedom of Information Act litigation, the Department may disclose (FOIA) Advice Disclosure. The STORAGE: those records as a routine use to the Department may disclose records to the The records are maintained on a adjudicative body, individual, or entity. Department of Justice and the Office of networked computer server with backup (d) Parties, counsels, representatives Management and Budget if the procedures standard to all Department and witnesses. If the Department Department concludes that disclosure is servers. Individual offices may maintain determines that disclosure of certain desirable or necessary in determining a hard copy of the training requests. records to a party, counsel, whether particular records are required Since entries are made and stored representative or witness in an to be disclosed under the FOIA. electronically, any hard copy records administrative proceeding is relevant (8) Disclosure to the Department of are kept following the procedures and/ and necessary to the litigation, the Justice (DOJ). The Department may or requirements of the individual Department may disclose those records disclose records to the DOJ to the extent principal office. The Training and as a routine use to the party, counsel, necessary for obtaining DOJ advice on Development Center maintains hard representative or witness. any matter relevant to an audit, copies of data such as signed class (4) Employment, Benefit, and inspection, or other inquiry related to rosters only until the TRAINS database Contracting Disclosure. the programs covered by this system. is updated. (a) For Decisions by the Department. (9) Contract Disclosure. If the The Department may disclose a record Department contracts with an entity for RETRIEVABILITY: to a Federal, State, or local agency the purposes of performing any function The system is indexed by Social maintaining civil, criminal, or other that requires disclosure of records in Security number. The Training and relevant enforcement or other pertinent this system to employees of the Development Center staff, designated

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.046 pfrm02 PsN: 04JNN2 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30137 employees, and contractors who support your specific organization or address Region IV, 61 Forsyth Street, SW, Atlanta, the staff can access data in the system your request to the system manager at GA 30303. by employee name. Data for reports are the address listed above. Region V, 111 North Canal Street, Chicago, IL retrievable by information from tables 60606. RECORD ACCESS PROCEDURES: Region VI, 1999 Bryan Street, Dallas, TX such as organization code and 75201. identifying codes for course names. You may request a copy of your student transcript from TRAINS through Region VII, 10220 North Executive Hills Blvd., Kansas City, MO 64153. SAFEGUARDS: the training coordinator for that Region VII, 7505 Tiffany Springs Parkway, All physical access to the Department organization. Managers may request Kansas City, MO 64153. of Education site, and the sites of reports that may include the names of Region VIII, 1244 Speer Boulevard, Denver, Department contractors where this employees in that organization from the CO 80204. system of records is maintained, is training coordinator or principal office Region VIII, 1391 N. Speer Boulevard, controlled and monitored by security for that organization. Your request must Denver, CO 80204. personnel who check each individual meet the requirements of the regulations Region IX, 50 United Nations Plaza, San entering the building for his or her at 34 CFR 5b.5, including proof of Francisco, CA 94102. identity. Region X, 915 Second Avenue, Seattle, WA employee or visitor badge. The 98174. computer system employed by the CONTESTING RECORD PROCEDURES: Region X, 1000 Second Avenue, Seattle, WA Department of Education offers a high 98174. degree of resistance to tampering and If you wish to contest the information circumvention. This security system in this system pertaining to you, you 18±05±12 should contact the system manager at limits data access to Department of SYSTEM NAME: Education and contract staff on a ‘‘need- the above address. You will need to Grievances Filed Informally Through to-know’’ basis, and controls individual provide specific information concerning the Informal Dispute Resolution Center users’ ability to access and alter records any errors or omissions. It should be (IDR Center). within the system. All users of this noted that not all employee training is entered into TRAINS and therefore system of records are given a unique SECURITY CLASSIFICATION: cannot be tracked on the student user ID with personal identifiers. At a None. program/server level all interactions by transcript. Questions about external individual users with the system are training for which there is no record SYSTEM LOCATION: recorded. Utilities within the program must be addressed to the appropriate Informal Dispute Resolution Center, can identify users’ last logon and record principal office. Office of Hearings and Appeals, Office changes made in registrations. There are RECORD SOURCE CATEGORIES: of Management, U.S. Department of four categories of individuals who have The employee database is a subset of Education, L’Enfant Plaza, Room 2100 some access to this system: training information from the Department’s A, Washington, DC 20202. coordinators, executive officers, TDC employee payroll database. This staff and designated employees and CATEGORIES OF INDIVIDUALS COVERED BY THE provides the employee Social Security SYSTEM: contractors who support TDC activities number, name, grade, job series, and and system administrators. This system contains records on non- service completion date. Locator bargaining unit employees of the RETENTION AND DISPOSAL: information (building/room/phone Department regardless of type of Records of individuals are in the number) is updated manually from appointment, who individually or as a system indefinitely. Employees whose employee-provided information. group, request personal relief in a matter names are no longer in the personnel Supervisor’s name is updated manually of concern or dissatisfaction which is database are marked for archiving from employee-provided information. subject to the control of Department within the system. A utility is available All information regarding external management. This includes former to reactivate the records of an employee training requests are provided by the employees of the Department for whom who returns to the Department. employee requesting the training. a remedy can be provided, as well as SYSTEM EXEMPTED FROM CERTAIN PROVISIONS applicants. SYSTEM MANAGER(S) AND ADDRESS: OF THE ACT: CATEGORIES OF RECORDS IN THE SYSTEM: Training and Development Group None. Director, Training and Development This system consists of IDR Center Center, Office of Management, U.S. Appendix to 18–05–11 files. Department of Education, 400 Maryland Additional System Locations AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Avenue, SW., Room 2W210, Capital Place, 555 New Jersey Avenue, NW., 5 U.S.C. 1302. Washington, DC 20202-4614. Washington, DC 20208. Mary E. Switzer Building, 330 C Street, SW., PURPOSE(S): NOTIFICATION PROCEDURE: Washington, DC 20202. The information contained in this If you wish to determine whether a L’Enfant Plaza, 2100 Corridor, Washington, system is to consider and settle matters record exists regarding you in the DC 20202. of dissatisfaction or concern of covered system of records, contact the training ROB–3, 7th and D Streets, SW., Washington, individuals. coordinator for your principal office and DC 20202. provide the training coordinator with Portals Building, 1250 Maryland Avenue, ROUTINE USES OF RECORDS MAINTAINED IN THE your name and social security number. SW., Washington, DC 20202. SYSTEM, INCLUDING CATEGORIES OF USERS AND Your request must meet the Region I, McCormack Post Office & THE PURPOSE OF SUCH USES: Courthouse, Boston, MA 02109. requirements of the regulations at 34 Region II, 75 Park Place, New York, NY The Department of Education CFR 5b.5, including proof of identity. 10007. (Department) may disclose information You may also present your request in Region III, The Wanamaker Building, 100 contained in a record in this system of person at any of the locations identified Penn Square East, Room 502, records under the routine uses listed in for this system of records which include Philadelphia, PA 19107. this system of records without the

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These disclosures may be Department determines that disclosure if a contract between the component made on a case-by-case basis or, if the of certain records to an adjudicative and a labor organization recognized Department has complied with the body before which the Department is under Title V of the United States Code, computer matching requirements of the authorized to appear, an individual or Chapter 71, provides that the Act, under a computer matching entity designated by the Department or Department will disclose personal agreement. otherwise empowered to resolve or records relevant to the organization’s (1) Disclosure for Use by Other Law mediate disputes is relevant and mission. The disclosures will be made Enforcement Agencies. The Department necessary to the administrative only as authorized by law. may disclose information to any litigation, the Department may disclose (7) Freedom of Information Act Federal, State, local, or foreign agency those records as a routine use to the (FOIA) Advice Disclosure. The or other public authority responsible for adjudicative body, individual, or entity. Department may disclose records to the enforcing, investigating, or prosecuting (d) Parties, counsels, representatives Department of Justice and the Office of violations of administrative, civil, or and witnesses. If the Department Management and Budget if the criminal law or regulation if that determines that disclosure of certain Department concludes that disclosure is information is relevant to any records to a party, counsel, desirable or necessary in determining enforcement, regulatory, investigative, representative or witness in an whether particular records are required or prosecutive responsibility within the administrative proceeding is relevant to be disclosed under the FOIA. receiving entity’s jurisdiction. and necessary to the litigation, the (8) Disclosure to the Department of (2) Enforcement Disclosure. In the Department may disclose those records Justice (DOJ). The Department may event that information in this system of as a routine use to the party, counsel, disclose records to the DOJ to the extent necessary for obtaining DOJ advice on records indicates, either on its face or in representative or witness. any matter relevant to an audit, connection with other information, a (4) Employment, Benefit, and inspection, or other inquiry related to violation or potential violation of any Contracting Disclosure. applicable statute, regulation, or order the programs covered by this system. (a) For Decisions by the Department. (9) Contract Disclosure. If the of a competent authority, the The Department may disclose a record Department contracts with an entity for Department may disclose the relevant to a Federal, State, or local agency the purposes of performing any function records to the appropriate agency, maintaining civil, criminal, or other that requires disclosure of records in whether foreign, Federal, State, Tribal, relevant enforcement or other pertinent this system to employees of the or local, charged with the responsibility records, or to another public authority contractor, the Department may disclose of investigating or prosecuting that or professional organization, if the records to those employees. Before violation or charged with enforcing or necessary to obtain information relevant entering into such a contract, the implementing the statute, executive to a Department decision concerning the Department shall require the contractor order, rule, regulation, or order issued hiring or retention of an employee or to maintain Privacy Act safeguards as pursuant thereto. other personnel action, the issuance of required under 5 U.S.C. 552a(m) with (3) Litigation and Alternative Dispute a security clearance, the letting of a respect to the records in the system. Resolution (ADR) Disclosures. contract, or the issuance of a license, (10) Research Disclosure. The (a) Introduction. In the event that one grant, or other benefit. Department may disclose records to a of the parties listed below is involved in (b) For Decisions by Other Public researcher if an appropriate official of litigation or ADR, or has an interest in Agencies and Professional the Department determines that the litigation ADR, the Department may Organizations. The Department may individual or organization to which the disclose certain records to the parties disclose a record to a Federal, State, disclosure would be made is qualified to described in paragraphs (b), (c) and (d) local, or foreign agency or other public carry out specific research related to of this routine use under the conditions authority or professional organization, functions or purposes of this system of specified in those paragraphs: in connection with the hiring or records. The official may disclose (i) The Department of Education, or retention of an employee or other records from this system of records to any component of the Department; or personnel action, the issuance of a that researcher solely for the purpose of (ii) Any Department employee in his security clearance, the reporting of an carrying out that research related to the or her official capacity; or investigation of an employee, the letting functions or purposes of this system of (iii) Any Department employee in his of a contract, or the issuance of a records. The researcher shall be or her individual capacity if the license, grant, or other benefit, to the required to maintain Privacy Act Department of Justice (DOJ) has agreed extent that the record is relevant and safeguards with respect to the disclosed to provide or arrange for representation necessary to the receiving entity’s records. for the employee; decision on the matter. (11) Congressional Member (iv) Any Department employee in his (5) Employee Grievance, Complaint or Disclosure. The Department may or her individual capacity where the Conduct Disclosure. The Department disclose records to a member of agency has agreed to represent the may disclose a record in this system of Congress from the record of an employee; or records to another agency of the Federal individual in response to an inquiry (v) The United States where the Government if the record is relevant to from the member made at the written Department determines that the one of the following proceedings request of that individual. The litigation is likely to affect the regarding a present or former employee member’s right to the information is no Department or any of its components. of the Department: complaint, greater than the right of the individual (b) Disclosure to the DOJ. If the grievance, discipline or competence who requested it. Department determines that disclosure determination proceedings. The (12) Disclosure to the Office of of certain records to the DOJ is relevant disclosure may only be made during the Management and Budget (OMB) for and necessary to litigation or ADR, the course of the proceeding. Credit Reform Act (CRA) Support. The

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Department may disclose records to contact the system manager at the for advisory committee membership OMB as necessary to fulfill CRA address listed above. Your request must cannot be met. requirements. meet the requirements of the regulations at 34 CFR 5b.7, including proof of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DISCLOSURE TO CONSUMER REPORTING identity. Federal Advisory Committee Act, as AGENCIES: amended, (U.S.C.A. Appendix 2). Not applicable to this system of RECORD SOURCE CATEGORIES: records. Information in this system of records PURPOSE(S): is supplied from the following sources: The information in this system is used POLICIES AND PRACTICES FOR STORING, Directly by the individual filing the to evaluate and select individuals for RETRIEVING, ACCESSING, RETAINING, AND membership on advisory committees or DISPOSING OF RECORDS IN THE SYSTEM: grievance, from information supplied by the individual, by testimony of other committees within the jurisdiction STORAGE: witnesses, employee representatives of the Department. Records are maintained in hard copy. and/or Department employees/officials. Summary data of records are also ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND maintained in a computerized tracking SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: THE PURPOSES OF SUCH USES: system. None. The Department of Education RETRIEVABILITY: (Department) may disclose information 18±06±01 IDR Center records are indexed by contained in a record in this system of docket number. SYSTEM NAME: records under the routine uses listed in Federal Advisory Committee this system of records without the SAFEGUARDS: Membership Files. consent of the individual if the Access to and use of these records are disclosure is compatible with the limited to those persons with a ‘‘need- SECURITY CLASSIFICATION: purposes for which the record was to-know’’ and whose official duties None. collected. These disclosures may be require such access. Personnel screening made on a case-by-case basis or, if the SYSTEM LOCATION: is employed to prevent unauthorized Department has complied with the disclosure. Computers are password Committee Management, Office of computer matching requirements of the protected for individuals with access. Intergovernmental and Interagency Act, under a computer matching All data bases are designed with Affairs, U.S. Department of Education, agreement. stringent security measures to control 400 Maryland Avenue, SW., Room (1) Reporting Disclosures. The individual users’ ability to access and 5E330, Washington, DC 20202–3571. Department may disclose a record to the alter records within the system. CATEGORIES OF INDIVIDUALS COVERED BY THE President, the Office of Management SYSTEM: and Budget, the General Services RETENTION AND DISPOSAL: Individuals who have been or are Administration or to the General The IDR Center records are retained presently members of or are being Accounting Office in order to complete for 4 years after resolution of the case, considered for membership on advisory its reporting requirements under 41 CFR as set forth in the General Records committees or other committees within part 101–6. Schedule 1, Civilian Personnel Records, the jurisdiction of the Department of (2) Litigation and Alternative Dispute Item 25(a), 30(a). Education. Resolution (ADR) Disclosures. SYSTEM MANAGER(S) AND ADDRESS: (a) Introduction. In the event that one CATEGORIES OF RECORDS IN THE SYSTEM: of the parties listed below is involved in Director, Informal Dispute Resolution Records in this system consists of one litigation or ADR, or has an interest in Center, U.S. Department of Education, or more of the following: Name, title, litigation ADR, the Department may 400 Maryland Avenue, SW., Suite 2100 sex, place and date of birth, home disclose certain records to the parties A, L’Enfant Plaza, Washington, DC address, business address, described in paragraphs (b), (c) and (d) 20202. organizational affiliation, phone of this routine use under the conditions NOTIFICATION PROCEDURE: numbers, fax numbers, e-mail addresses, specified in those paragraphs: If you wish to determine whether a degrees held, general educational (i) The Department of Education, or record exists regarding you in the background, ethnic background, resume, any component of the Department; or system of records, contact the system curriculum vitae, dates of term on (ii) Any Department employee in his manager. Your request must meet the advisory committee, status on advisory or her official capacity; or requirements of the Act regulations at committee, reason for leaving advisory (iii) Any Department employee in his 34 CFR 5b.5, including proof of identity. committee, previous or current or her individual capacity if the membership on other advisory Department of Justice (DOJ) has agreed RECORD ACCESS PROCEDURES: committee, special qualifications of the to provide or arrange for representation If you wish to gain access to records individual for the advisory committee or for the employee; regarding you in this system of records, other membership, source who (iv) Any Department employee in his contact the system manager at the recommended the individual for or her individual capacity where the address listed above and follow the membership on advisory and agency has agreed to represent the steps outlined in the Notification miscellaneous correspondence. employee; or Procedure. Your request must meet the Additionally, memoranda justifying the (v) The United States where the requirements of the regulations at 34 individual’s selection are included in Department determines that the CFR 5b.5, including proof of identity. the file in cases in which the individual litigation is likely to affect the has served repetitively on advisory Department or any of its components. CONTESTING RECORD PROCEDURES: committees, has not had a one-year (b) Disclosure to the DOJ. If the If you wish to contest the content of break in service on advisory, or where Department determines that disclosure a record in this system of records, various statutory or other requirements of certain records to the DOJ is relevant

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If the of security depending upon the Department determines that disclosure confidentiality of the information CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: of certain records to an adjudicative contained on the record. body before which the Department is This system contains records on authorized to appear, an individual or SYSTEM MANAGER(S) AND ADDRESS: current employees of the Department, entity designated by the Department or Committee Management Officer, vendors or other Federal employees otherwise empowered to resolve or Office of Intergovernmental and located in Department operating offices mediate disputes is relevant and Interagency Affairs, U.S. Department of and facility complexes. Education, 400 Maryland Avenue, SW., necessary to the administrative CATEGORIES OF RECORDS IN THE SYSTEM: litigation, the Department may disclose Room 5E330, Washington, DC 20202– 3571. This system contains records such as those records as a routine use to the first and last names, titles, agency office adjudicative body, individual, or entity. NOTIFICATION PROCEDURE: addresses, program and principal office (d) Parties, counsels, representatives Same as above. agency mailing addresses, telephone and witnesses. If the Department numbers, fax numbers, e-mail addresses, determines that disclosure of certain RECORD ACCESS PROCEDURES: and standard administrative codes for records to a party, counsel, Same as notification procedures. departmental employees and other representative or witness in an Requestors should also reasonable individuals with access rights to the administrative proceeding is relevant specify the record contents, being Department’s Intranet. Names, phone and necessary to the litigation, the sought. These access procedures are in numbers, principal and program offices, Department may disclose those records accordance with Department office addresses (building name, as a routine use to the party, counsel, Regulations (34 CFR 5b.5(a)(2)). address, room number, region), and e- representative or witness. CONTESTING RECORD PROCEDURES: mail addresses are available via the (3) Congressional Member Disclosure. Department’s website. The Department may disclose records to Contact the official at the address a member of Congress from the record specified under notification procedures, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: of an individual in response to an and reasonably identify the record and 5 U.S.C. 301, 40 U.S.C. 486(c). inquiry from the member made at the specify the information to be contested. written request of that individual. The (These procedures are in accordance PURPOSE(S): Member’s right to the information is no with Department Regulations (34 CFR Records are used to develop and greater than the right of the individual 5b.7. maintain current employee locator and who requested it. directory listings. The locator listings RECORD SOURCE CATEGORIES: are used by the Department information POLICIES AND PRACTICES FOR STORING, The vast majority of information centers, employees, mail rooms, and RETRIEVING, ACCESSING, RETAINING, AND contained in records on individuals is others specifically for the purpose of DISPOSING OF RECORDS IN THE SYSTEM: obtained directly from the individual. locating employees and for routing mail. STORAGE: Other information in the form of The directory listings are used to Records are maintained in hard-copy references and recommendations is produce departmental telephone filed in file cabinets and/or index cards. obtained from other private individuals, directories on an as needed basis. program personnel, biographical RETRIEVABILITY: reference books, private organizations, ROUTINE USES OF RECORDS MAINTAINED IN THE For the most part records are former employees, regional office of the SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: maintained in an alphabetical index by Department, Members of Congress, and name of the committees. Records from other government sources. The Department of Education the system are available to the staffs of Additionally the system of records (Department) may disclose information the respective Advisory Committees and contains information about members of contained in a record in this system of other Department staff on a ‘‘need-to- the public who have requested that they records under the routine uses listed in know’’ basis. Uses include special receive various publications through the this system of records without the administrative reports; quarterly inclusion of their names and addresses consent of the individual if the alphabetical listings of past, present and on various mailing lists. disclosure is compatible with the recommended members of Advisory Information maintained on those purposes for which the record was Committees; and other administrative individuals who have requested collected. These disclosures may be needs. participation on mailing lists is limited made on a case-by-case basis or, if the to name and mailing address, Department has complied with the SAFEGUARDS: information maintained on individuals computer matching requirements of the Direct access to records is restricted to who are past, present, or recommended Act, under a computer matching authorized personnel through locked agreement. files, rooms, and buildings, as well as 18±06±02 (1) Litigation and Alternative Dispute building pass and security guard sign-in SYSTEM NAME: Resolution (ADR) Disclosures. systems. (a) Introduction. In the event that one Telephone Directory/Locator System. of the parties listed below is involved in RETENTION AND DISPOSAL: SECURITY CLASSIFICATION: litigation or ADR, or has an interest in Retention is variable from one year to None. litigation ADR, the Department may permanent retention depending upon disclose certain records to the parties the type of record, e.g., names of former SYSTEM LOCATION: described in paragraphs (b), (c) and (d) members of advisory committees are Information Resource Center, of this routine use under the conditions retained permanently. Certain records Intergovernmental and Interagency specified in those paragraphs:

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(i) The Department of Education, or the claim arose. The Department may Information Resource Center and the any component of the Department; or disclose the information specified in Chief Information Office. (ii) Any Department employee in his this paragraph under 5 U.S.C. or her official capacity; or 552a(b)(12) and the procedures SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: (iii) Any Department employee in his contained in subsection 31 U.S.C. or her individual capacity if the 3711(e). A consumer reporting agency to None. Department of Justice (DOJ) has agreed which these disclosures may be made is 18±07±01 to provide or arrange for representation defined at 31 U.S.C. 3701(a)(3). for the employee; SYSTEM NAME: POLICIES AND PRACTICES FOR STORING, (iv) Any Department employee in his Congressional Members’ Biographies or her individual capacity where the RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: System. agency has agreed to represent the STORAGE: employee; or SECURITY CLASSIFICATION: (v) The United States where the Records are stored on hard drives, None. Department determines that the computer printouts, and in hard copy. SYSTEM LOCATION: litigation is likely to affect the RETRIEVABILITY: Legislative Affairs Office, Office of the Department or any of its components. Records are retrievable by first and Assistant Secretary for Legislation and (b) Disclosure to the DOJ. If the last name, principal office name, Congressional Affairs, U.S. Department Department determines that disclosure telephone number, and a keyword of Education, 400 Maryland Avenue, of certain records to the DOJ is relevant search field. and necessary to litigation or ADR, the SW., Room 7E301, Washington, DC Department may disclose those records SAFEGUARDS: 20202. as a routine use to the DOJ. Only authorized personnel have CATEGORIES OF INDIVIDUALS COVERED BY THE (c) Administrative Disclosures. If the access to master lists and the ability to SYSTEM: Department determines that disclosure make permanent changes. of certain records to an adjudicative This system contains records about all body before which the Department is RETENTION AND DISPOSAL: members of Congress. authorized to appear, an individual or Data is edited by each employee CATEGORIES OF RECORDS IN THE SYSTEM: online in real time. Therefore data can entity designated by the Department or This system contains biographical change or be deleted each day. Once the otherwise empowered to resolve or files on congressional members employee leaves the Department, all mediate disputes is relevant and consisting of the Member’s name, title, data is deleted from the database as the necessary to the administrative state and district he or she represents, database only houses the most current litigation, the Department may disclose date of appointment to Congress, date of Departmental employee location data. those records as a routine use to the birth, place of birth, educational adjudicative body, individual, or entity. SYSTEM MANAGER(S) AND ADDRESS: background, previous employment (d) Parties, counsels, representatives including political offices, House or and witnesses. If the Department Locator Administrator(s), Information Resource Center, Intergovernmental and Senate committee assignments, political determines that disclosure of certain support scores, how he or she voted on records to a party, counsel, Interagency Affairs, U.S. Department of Education, Room 5E233, 400 Maryland key education legislation, brief personal representative or witness in an background and education interests administrative proceeding is relevant Avenue, SW., Washington, DC 20202– 0498. pertaining to the Department of and necessary to the litigation, the Education, names of universities and Department may disclose those records NOTIFICATION PROCEDURE: colleges located in each House as a routine use to the party, counsel, If you wish to determine whether a member’s district, and a brief representative or witness. record regarding you exists in this description of the district or state in (2) Congressional Member Disclosure. system, contact the system manager at which the Member of Congress The Department may disclose records to the address provided above. Your represents. a member of Congress from the record request must meet the requirements of of an individual in response to an the regulations at 34 5b.5, including AUTHORITY FOR MAINTENANCE OF THE SYSTEM: inquiry from the member made at the proof of identity. 20 U.S.C. 3412(e). written request of that individual. The member’s right to the information is no RECORD ACCESS PROCEDURES: PURPOSE(S): greater than the right of the individual If you wish to gain access to records The information in this system is used who requested it. regarding you in this system, contact the by the Secretary of Education and any system manager. Your request must departmental staff who need DISCLOSURE TO CONSUMER REPORTING background information of a Member of AGENCIES: meet the requirements of the regulations at 34 CFR 5b.5, including proof of Congress while preparing for hearings Disclosures pursuant to 5 U.S.C. identity. and meetings. 552a(b)(12): The Department may disclose to a consumer reporting agency CONTESTING RECORD PROCEDURES: ROUTINE USES OF RECORDS MAINTAINED IN THE information regarding a claim by the If you wish to contest the content of SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: Department which is determined to be a record regarding you, contact the valid and overdue as follows: (1) The system managers. Your request must The Department may disclose name, address, taxpayer identification meet the requirements of the regulations information contained in a record in number and other information necessary at 34 CFR 5b.7. this system of records under the routine to establish the identity of the uses listed in this system of records individual responsible for the claim; (2) RECORD SOURCE CATEGORIES: without the consent of the individual if the amount, status, and history of the Information in this system is obtained the disclosure is compatible with the claim; and (3) the program under which from individual employee, the purpose for which the record was

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The Members of Congress regarding NOTIFICATION PROCEDURE: Department may disclose records discretionary grant notification. contained in this system to individuals If you wish to determine whether a and entities (including educational record exists regarding you in the ROUTINE USES OF RECORDS MAINTAINED IN THE institutions) that the Department system of records, contact the system SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSE OF SUCH USES: contacts while formulating and manager. Your request must meet the enforcing education policies. requirements of the regulations at 34 The Department of Education (2) Freedom of Information Act CFR 5b.5, including proof of identity. (Department) may disclose information (FOIA) Advice Disclosure. The contained in a record in this system of RECORD ACCESS PROCEDURES: Department may disclose records to the records without the consent of the Department of Justice and the Office of If you wish to gain access to a record individual if the disclosure is Management and Budget if the regarding you in the system of records, compatible with the purpose for which Department concludes that disclosure is contact the system manager. Your the record was collected and only as desirable or necessary in determining request must meet the requirements of needed to perform one or more of the whether particular records are required the regulations at 34 CFR 5b.5, following routine uses: to be disclosed under the FOIA. including proof of identity. (1) Inter-Agency Disclosure. Inquiries that do not pertain to the Department, CONTESTING RECORD PROCEDURES: POLICIES AND PRACTICES FOR STORING, but fall under the jurisdiction of another RETRIEVING, ACCESSING, RETAINING, AND If you wish to contest the content of Federal agency, are transferred to that DISPOSING OF RECORDS IN THE SYSTEM: a record regarding you in the system of Agency with a request that a direct records, contact the system manager. STORAGE: response be provided to the Your request must meet the Records are maintained in hard copy correspondent. requirements of the regulations at 34 individual files stored in standard four- (2) Congressional Member Disclosure. CFR 5b.7. drawer file cabinets and also in The Department may disclose records to electronic format on a hard drive RECORD SOURCE CATEGORIES: a member of Congress from the record accessible by staff of the Office for Information is obtained from of an individual in response to an Legislation and Congressional Affairs. Congressional Quarterly, Inc., The inquiry from the member made at the written request of that individual. The RETRIEVABILITY: Almanac of American Politics, Roll Call Newspapers, on-line biographies and member’s right to the information is no Records are indexed alphabetically by press releases of Members of Congress, greater than the right of the individual last name. and the Office of Postsecondary who requested it. SAFEGUARDS: Education at the U.S. Department of (3) Litigation and Alternative Dispute Resolution. Files are maintained in the Office of Education. (a) In the event of litigation where one Legislation and Congressional Affairs SYSTEM EXEMPTED FROM CERTAIN PROVISIONS of the parties listed below is involved in and requests are honored on a ‘‘need-to- OF THE ACT: litigation or ADR, the Department may know’’ basis only. All physical access to None. disclose such records as it deems the Department of Education site, and desirable or necessary to the Department the sites of Department contractors 18±07±02 of Justice (DOJ) to enable DOJ to where this system of records is effectively represent such party, maintained, is controlled and monitored SYSTEM NAME: provided such disclosure is compatible by security personnel who check each Congressional Grant Notification with the purpose for which the records individual entering the building for his Control System. were collected. or her employee or visitor badge. SECURITY CLASSIFICATION: (i) The Department of Education, or The computer system employed by None. any component of the Department; or the Department of Education offers a (ii) Any Department employee in his high degree of resistance to tampering SYSTEM LOCATION: or her official capacity; or and circumvention. This security Congressional Outreach, Office of (iii) Any Department employee in his system limits data access to Department Legislation and Congressional Affairs, or her individual capacity if the of Education and contract staff on a U.S. Department of Education, 400 Department of Justice (DOJ) has agreed ‘‘need-to-know’’ basis, and controls Maryland Avenue, SW., Room 7E301, to provide or arrange for representation individual users’ ability to access and Washington, DC 20202. for the employee; or alter records within the system. All (iv) Any Department employee in his users of this system of records are given CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: or her individual capacity where the a unique user ID with personal agency has agreed to represent the The Congressional Grant Notification identifiers. All interactions by employee; or Control System contains records about individual users with the system are (iv) The United States where the members of Congress. recorded. Department determines that the RETENTION AND DISPOSAL: CATEGORIES OF RECORDS IN THE SYSTEM: litigation is likely to affect the Records are constantly updated as This system consists of direct Department or any of its components. circumstances warrant relative to the inquiries and letters of support (b) Disclosure to the DOJ. If the activities of Congress. concerning discretionary grants from Department determines that disclosure Members of Congress. of certain records to the DOJ is relevant SYSTEM MANAGER(S) AND ADDRESS: and necessary to litigation or ADR, the Office of Legislation and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department may disclose those records Congressional Affairs, Legislative 5 U.S.C. 301. as a routine used to the DOJ.

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(c) Administrative Disclosures. If the Affairs, U.S. Department of Education, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department determines that disclosure 400 Maryland Avenue, SW., Room Title VI of the Civil Rights Act of of certain records to an adjudicative 7E301, Washington, DC 20202. 1964, 42 U.S.C. 2000d, et seq.; Title IX body before which the Department is of the Education Amendments of 1972, NOTIFICATION PROCEDURE: authorized to appear, an individual or 20 U.S.C. 1681, et seq.; sec. 504 of the entity designated by the Department or If you wish to determine whether a Rehabilitation Act of 1973, 29 U.S.C. otherwise empowered to resolve or record exists regarding you in this 794, et seq.; Age Discrimination Act of mediate disputes is relevant and system of records, provide the system 1975, 42 U.S.C. 6101, et seq.; and Title necessary to the administrative manager at the above address with the II of the Americans With Disabilities litigation, the Department may disclose name of the Member of Congress who Act, 42 U.S.C. 12131, et seq. those records as a routine use to the corresponded with the Department, the adjudicative body, individual, or entity. name of the referenced constituent, the PURPOSE(S): (d) Parties, counsels, representatives grant title, and the date of the The Office for Civil Rights uses this and witnesses. If the Department correspondence. Your request must system for the following purposes: determines that disclosure of certain meet the requirements of the regulations (1) To report the status of individual records to a party, counsel, at 34 CFR 5b.5, including proof of complaints to OCR managers and staff representative or witness in an identification. for tracking the progress of individual administrative proceeding is relevant cases and provide information used to RECORD ACCESS PROCEDURES: and necessary to the litigation, the prepare summaries of case processing Department may disclose records as a Same as the Notification Procedure. activities; and routine use to the party, counsel, CONTESTING RECORD PROCEDURES: (2) To report to Congress, other representative or witness. agencies, or to the public to explain or If you wish to contest the content of document the work it has accomplished. DISCLOSURE TO CONSUMER REPORTING a record pertaining to you, contact the AGENCIES: system manager at the address noted ROUTINE USES OF RECORDS MAINTAINED IN THE Not applicable to this system of above, and reasonably identify the SYSTEM, INCLUDING CATEGORIES OF USERS AND records. record and specify the information to be THE PURPOSE OF SUCH USES: contested. Your request must meet the The Department of Education POLICIES AND PRACTICES FOR STORING, requirements of the regulations at 34 (Department) may disclose information RETRIEVING, ACCESSING, RETAINING, AND CFR 5b.7. contained in a record in this system of DISPOSING OF RECORDS IN THE SYSTEM: records under the routine uses listed in RECORD SOURCE CATEGORIES: STORAGE: this system of records without the The records are maintained in hard The information in this system is consent of the individual if the copy filed in standard file cabinets. provided by the correspondent and by disclosure is compatible with the the agency that prepares the final purposes for which the record was RETRIEVABILITY: response. collected. These disclosures may be Records are indexed alphabetically by made on a case-by-case basis or, if the grant title. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: Department has complied with the computer matching requirements of the SAFEGUARDS: None. Act, under a computer matching Records are kept in the responsible agreement. grant notification team member’s office. 18±08±01 (1) Disclosure to Congress, Other All physical access to the Department’s SYSTEM NAME: Agencies, or the Public. The Department site, and the sites of Department Case Information System. may disclose summary information contractors where this system of records derived from this system of records to is maintained, is controlled and SECURITY CLASSIFICATION: Congress, other agencies, and the public monitored by security personnel who None. to describe the kinds of work OCR has check each individual entering the done, or to document the work it has building for his or her employee or SYSTEM LOCATION: accomplished. visitor badge. Office for Civil Rights, U.S. (2) Disclosure to Recipients of Federal The computer system employed by Department of Education, Mary E. Financial Assistance, Witnesses, or the Department offers a high degree of Switzer Building, 330 C Street, SW., Consultants. The Department may resistance to tampering and Room 5074, Washington, DC 20202. See disclose information from this system of circumvention. This security system the Appendix at the end of this system records to recipients of federal financial limits data access to Department and notice for additional system locations. assistance, witnesses, or consultants contract staff on a ‘‘need-to-know’’ when it determines that such release basis, and controls individual users’ CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: would assist OCR in resolving a civil ability to access and alter records within rights complaint or in obtaining the system. All users of this system of This system contains records on additional information or expert advice records are given a unique user ID with individuals or groups of individuals relevant to the investigation. personal identifiers. All interactions by who have made civil rights complaints to the Office for Civil Rights (OCR). (3) Disclosure for Use by Other Law individual users with the system are Enforcement Agencies. The Department recorded. CATEGORIES OF RECORDS COVERED BY THE may disclose information to any RETENTION AND DISPOSAL: SYSTEM: Federal, State, local, or foreign agency Records are maintained for two years. This system lists the names of cases, or other public authority responsible for characteristics of individual civil rights enforcing, investigating, or prosecuting SYSTEM MANAGER(S) AND ADDRESS: complaints, and critical events in the violations of administrative, civil, or Director, Congressional Outreach, OCR’s processing of civil rights criminal law or regulation of Office of Legislation and Congressional complaints. information that is relevant to any

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The records indicates, either on its face or in to the party, counsel, representative or system additionally limits data access connection with other information, a witness. by type of user and limits users’ ability violation or potential violation of any (6) Freedom of Information Act to alter records within the system. applicable statute, regulation, or order Advice Disclosure. The Department may Similar records made before of a competent authority, the disclose records to the Department of December, 1993 were entered in a Department may disclose the relevant Justice if the Department determines different format, no longer in use. These records to the appropriate agency, that disclosure is desirable or necessary historic records are stored on magnetic whether foreign, Federal, State, Tribal, in determining whether particular tape. A single employee assigned to or local, charged with the responsibility records are required to be disclosed OCR headquarters can access them. of investigating or prosecuting that under the FOIA. violation or charged with enforcing or (7) Research Disclosure. The RETENTION AND DISPOSAL: implementing the statute, executive Department may disclose records to a Records are retained indefinitely. order, rule, regulation, or order issued researcher if an appropriate official of Disposal is by electronic erasure when pursuant thereto. the Department determines that the no longer needed for Department use. (5) Litigation and Alternative Dispute individual or organization to which the Resolution (ADR) Disclosures. disclosure would be made is qualified to SYSTEM MANAGER(S) AND ADDRESS: (a) Introduction. In the event that one carry out specific research related to of the parties listed below is involved in functions or purposes of this system of Deputy Assistant Secretary for Policy, litigation or ADR, or has an interest in records. The official may disclose Office for Civil Rights, U.S. Department litigation or ADR, the Department may records from this system of records to of Education, 400 Maryland Avenue disclose certain records to the parties that researcher solely for the purpose of SW., Room , Switzer Building, described in paragraphs (b), (c), and (d) carrying out that research related to the Washington, DC 20202. of this routine use under the conditions functions or purposes of this system of specified in those paragraphs: records. The researcher shall be NOTIFICATION PROCEDURE: (i) The Department of Education, or required to maintain Privacy Act If you wish to determine whether a any component of the Department; or safeguards with respect to the disclosed record exists regarding you in this (ii) Any Department employee in his records. system of records, contact the system or her official capacity; or (8) Congressional Member Disclosure. manager at the address indicated above. (iii) Any Department employee in his The Department may disclose You must provide the name of the or her individual capacity if the individual records to a member of institution and complainant to which Department of Justice (DOJ) has agreed Congress from the record of an the case pertains and the case number, to provide or arrange for representation individual in response to an inquiry if known. Requests must meet the for the employee; from the member made the written (iv) Any Department employee in his requirements of the regulations at 34 request of that individual. The or her individual capacity where the CFR 5b.5, including proof of identity. member’s right to the information is no agency has agreed to represent the greater than the right of the individual RECORD ACCESS PROCEDURES: employee; or (v) The United States where the who requested it. If you wish to gain access to records Department determines that the DISCLOSURE TO CONSUMER REPORTING pertaining to you, follow the litigation is likely to affect the AGENCIES: notification procedure described above. Department or any of its components. Not applicable. You must also reasonably specify the (b) Disclosure to the DOJ. If the record contents sought. Department determines that disclosure POLICIES AND PRACTICES FOR STORING, Request must meet the requirements of certain records to the DOJ is relevant RETRIEVING, ACCESSING, RETAINING, AND of the regulations at 34 CFR 5b.5, DISPOSING OF RECORDS IN THE SYSTEM: and necessary to litigation or ADR, the including proof of identity. Department may disclose those records STORAGE: as a routine use to the DOJ. The records in this system are kept in CONTESTING RECORD PROCEDURES: (c) Administrative Disclosures. If the magnetic media. If you wish to contest any records Department or one of its components regarding you, contact the official at the determines that disclosure of certain RETRIEVABILITY: address specified under notification records to an adjudicative body before Records are indexed by case or procedures, reasonably identify the which the Department or one of its complaint number, by the name or record and specify the information to be components is authorized to appear, an address of a complainant, the name of contested. Requests to amend a record individual or entity designated by the the entity against which the complaint must meet the requirements of the Department or otherwise empowered to was made, its subject matter, or by the regulations at 34 CFR 5b.7. resolve or mediate disputes is relevant stage to which investigation or other and necessary to the administrative case processing has proceeded. RECORD SOURCE CATEGORIES: litigation, the Department may disclose those records as a routine use to the SAFEGUARDS: Records are derived from information adjudicative body individual, or entity. The system is maintained on personal in complaint investigation files. (d) Parties, Counsels, Representatives, computers located in OCR offices. and Witnesses. If the Department or one Information in the system is transmitted SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS of its components determines that between its offices on OCR’s internal OF THE ACT: disclosure of certain records to a party, communication network. Access to OCR None.

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Appendix to 18–08–01 (3) Investigator and attorney system of records to recipients of federal Additional System Locations memoranda; financial assistance, witnesses, or (4) Interview notes or transcriptions, consultants when it determines that OCR, Boston Office, J.W. McCormack Post Office and Court House Building, Room and witness statements; such release would assist OCR in 222, Boston, MA 02109–4557. (5) Documents gathered during an resolving a civil rights complaint or in OCR, New York Office, 75 Park Place, 14th investigation, including photographs of obtaining additional information or Floor, New York, NY 10007. persons or things, portions of a recipient expert advice relevant to the OCR, Philadelphia Office, 100 Penn Square institution’s records, and a investigation. East, Suite 515, Philadelphia, PA 19107. complainant’s or other individuals’ (3) Disclosure for Use by Other Law OCR, Chicago Office, 111 North Canal Street, scholastic, medical, or employment Enforcement Agencies. The Department Room 1053, Chicago, IL 60606–7204. records; and may disclose information to any OCR, Cleveland Office, Bank One Center, 600 (6) Charts, prepared exhibits, or other Federal, State, local, or foreign agency Superior Avenue, East, Suite 750, or other public authority responsible for Cleveland, OH 44114–2611. analytical materials prepared by OCR OCR, Atlanta Office, Sam Nunn Federal staff or by consultants retained by OCR. enforcing, investigating, or prosecuting Office Building, 61 Forsyth Street SW, violations of administrative, civil, or AUTHORITY FOR MAINTENACE OF THE SYSTEM: Suite 19T70, Atlanta, GA 30303. criminal law or regulation of OCR, Dallas Office, 1999 Bryan Street, Suite Title VI of the Civil Rights Act of information that is relevant to any 2600, Dallas, TX 75201. 1964, 42 U.S.C. 2000d, et seq.; Title IX enforcement, regulatory, investigative, OCR, Kansas City Office, 10220 N. Executive of the Education Amendments of 1972, or prosecutive responsibility within the Hills Boulevard, Kansas City, MO 20 U.S.C. 1681, et seq.; sec. 504 of the receiving entity’s jurisdiction. 64153–1367. Rehabilitation Act of 1973, 29 U.S.C. (4) Enforcement Disclosure. In the OCR, Denver Office, Colonnade Building, 794, et seq.; Age Discrimination Act of event that information in this system of 1244 Speer Boulevard, Suite 300, 1975, 42 U.S.C. 6101, et seq.; and Title records indicates, either on its face or in Denver, CO 80204–3582. OCR, San Francisco Office, Old Federal II of the Americans With Disabilities connection with other information, a Building, 50 United Nations Plaza, Room Act, 42 U.S.C. 12131, et seq. violation or potential violation of any 239, San Francisco, CA 94102. applicable statute, regulation, or order PURPOSE(S): OCR, Seattle Office, Henry M. Jackson of a competent authority, the Federal Building, 915 Second Avenue, The Office for Civil Rights uses this Department may disclose the relevant Room 3310, Seattle, WA 98174–1099. system for the following purposes: records to the appropriate agency, OCR, District of Columbia Office, PO Box (1) To determine and to document whether foreign, Federal, State, Tribal, 14620, Washington, DC 20004–4620. whether there was discrimination or local, charged with the responsibility against the complainant or others; 18±08±02 of investigating or prosecuting that (2) To record the steps taken to violation or charged with enforcing or SYSTEM NAME: resolve a case; implementing the statute, executive Complaint Files and Log. (3) To store materials gathered, order, rule, regulation, or order issued developed, or received during the pursuant thereto. SECURITY CLASSIFICATION: processing of a case; and (5) Litigation and Alternative Dispute None. (4) To document the steps taken to Resolution (ADR) Disclosures. resolve a case. (a) Introduction. In the event that one SYSTEM LOCATION: of the parties listed below is involved in Office for Civil Rights, U.S. ROUTINE USES OF RECORDS MAINTAINED IN THE litigation or ADR, or has an interest in SYSTEM, INCLUDING CATEGORIES OF USERS AND Department of Education, Mary E. THE PURPOSE OF SUCH USES: litigation or ADR, the Department may Switzer Building, 330 C Street, SW., disclose certain records to the parties The Department of Education Room 5074, Washington, DC 20202. See described in paragraphs (b), (c), and (d) (Department) may disclose information the Appendix at the end of this system of this routine use under the conditions contained in a record in this system of notice for additional system locations. specified in those paragraphs: records under the routine uses listed in (i) The Department of Education, or CATEGORIES OF INDIVIDUALS COVERED BY THE this system of records without the any component of the Department; or SYSTEM: consent of the individual if the (ii) Any Department employee in his This system contains information on disclosure is compatible with the or her official capacity; or individuals or groups of individuals purposes for which the record was (iii) Any Department employee in his who have made civil rights complaints collected. These disclosures may be or her individual capacity if the to the Office for Civil Rights (OCR). made on a case-by-case basis or, if the Department of Justice (DOJ) has agreed Department has complied with the to provide or arrange for representation CATEGORIES OF RECORDS COVERED BY THE computer matching requirements of the for the employee; SYSTEM: Act, under a computer matching (iv) Any Department employee in his This system consists of records agreement. or her individual capacity where the relating to complaints to the Office for (1) Disclosure to Congress, other agency has agreed to represent the Civil Rights including: Agencies, or the Public. The Department employee; or (1) Names, addresses, and telephone may disclose summary information (v) The United States where the numbers of complainants, complaint derived from this system of records to Department determines that the allegations, results of investigations; Congress, other agencies, and the public litigation is likely to affect the (2) Correspondence related to the to describe the kinds of work OCR has Department or any of its components. complaint. The material may include done, or to document the work it has (b) Disclosure to the DOJ. If the copies of correspondence sent by OCR accomplished. Department determines that disclosure to others, correspondence received by (2) Disclosure to Recipients of Federal of certain records to the DOJ is relevant OCR, records of telephone Financial Assistance, Witnesses, or and necessary to litigation or ADR, the conversations, copies of e-mail or other Consultants. The Department will Department may disclose those records written communications; release information contained in this as a routine use to the DOJ.

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(c) Administrative Disclosures. If the POLICIES AND PRACTICES FOR STORING, to records and correction or amendment Department or one of its components RETRIEVING, ACCESSING, RETAINING, AND of records. DISPOSING OF RECORDS IN THE SYSTEM: determines that disclosure of certain (3) 5 U.S.C. 552a(e)(1), regarding the records to an adjudicative body before STORAGE: requirement to maintain only relevant which the Department or one of its The records in this system are and necessary information. components is authorized to appear, an contained in file folders. (4) 5 U.S.C. 552a(e)(4)(G), (H), and (I), individual or entity designated by the regarding inclusion of information in RETRIEVABILITY: Department or otherwise empowered to the system notice about procedures for The records in this system are resolve or mediate disputes is relevant notification, access, correction, and indexed by and retrievable by the name and necessary to the administrative source of records. These exemptions are of the case or the complaint number. litigation, the Department may disclose stated in 34 CFR 5b.11. As indicated in those records as a routine use to the SAFEGUARDS: 34 CFR 5b.11(c)(2), individuals will be adjudicative body individual, or entity. OCR keeps case files in lockable provided information from this record system except when in accordance with (d) Parties, counsels, representatives, cabinets located in lockable storage rooms. Access to offices in which the provisions of 5 U.S.C. 552a(k)(2), and witnesses. If the Department or one unless: of its components determines that storage rooms are located is restricted to (1) Disclosure of such information disclosure of certain records to a party, OCR staff and authorized visitors. would reveal the identity of a source counsel, representative or witness in an RETENTION AND DISPOSAL: who furnished information to the administrative proceeding is relevant Pursuant to the Department’s Record Government under an express promise and necessary to the litigation, the Disposition Schedules, files at the that the identity of the source would be Department or its component may Headquarters Office will be transferred held in confidence, or disclose those records as a routine use to the Federal Records Center (FRC) (2) If the information was obtained to the party, counsel, representative or after the case has been inactive for five prior to September 28, 1975, disclosure witness. years. Files at the regional offices are of such information would reveal the (6) Freedom of Information Act transferred to the FRC after the file has identity of the source under an implied Advice Disclosure. The Department may been inactive for two years. All files are promise that the identity of the source disclose records to the Department of destroyed fifteen years after the end of would be held in confidence. Justice if the Department determines the fiscal year in which the case is resolved. Appendix to 18–08–02 that disclosure is desirable or necessary Additional System Locations and System in determining whether particular SYSTEM MANAGER(S) AND ADDRESS: Managers records are required to be disclosed Deputy Assistant Secretary for Civil under the FOIA. Rights, U.S. Department of Education, OCR, Boston Office, J.W. McCormack Post Office and Court House Building, Room (7) Research Disclosure. The 400 Maryland Avenue, SW., Room , 222, Boston, MA 02109-4557. Department may disclose records to a Switzer Building, Washington, DC OCR, New York Office, 75 Park Place, 14th researcher if an appropriate official of 20202. Floor, New York, NY 10007. OCR, Philadelphia Office, 100 Penn Square the Department determines that the RECORD SOURCE CATEGORIES: individual or organization to which the East, Suite 515, Philadelphia, PA 19107. Records are derived from information OCR, Chicago Office, 111 North Canal Street, disclosure would be made is qualified to in complaint investigation files. Room 1053, Chicago, IL 60606–7204. carry out specific research related to OCR, Cleveland Office, Bank One Center, 600 functions or purposes of this system of NOTIFICATION PROCEDURES: Superior Avenue, East, Suite 750, records. The official may disclose This system is exempted from 5 Cleveland, OH 44114–2611. records from this system of records to U.S.C. 552a (e)(4)(G) pursuant to 34 CFR OCR, Atlanta Office, Sam Nunn Federal that researcher solely for the purpose of 5b.11(c)(2)(iii). Office Building, 61 Forsyth Street SW, Suite 19T70, Atlanta, GA 30303. carrying out that research related to the RECORD ACCESS PROCEDURES: OCR, Dallas Office, 1999 Bryan Street, Suite functions or purposes of this system of This system is exempted from 5 2600, Dallas, TX 75201. records. The researcher shall be U.S.C. 552a(e)(4)(H) pursuant to 34 CFR OCR, Kansas City Office, 10220 N. Executive required to maintain Privacy Act 5b.11(c)(2)(iii). Hills Boulevard, Kansas City, MO safeguards with respect to the disclosed 64153–1367. records. CONTESTING RECORD PROCEDURES: OCR, Denver Office, Colonnade Building, 1244 Speer Boulevard, Suite 300, (8) Congressional Member Disclosure. This system is exempted from 5 U.S.C. 552a(e)(4)(H) pursuant to 34 CFR Denver, CO 80204–3582. The Department may disclose OCR, San Francisco Office, Old Federal 5b.11(c)(2)(iii). individual records to a member of Building, 50 United Nations Plaza, Room Congress from the record of an SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 239, San Francisco, CA 94102. individual in response to an inquiry OF THE ACT: OCR, Seattle Office, Henry M. Jackson Federal Building, 915 Second Avenue, from the member made the written The Secretary has by regulations Room 3310, Seattle, WA 98174–1099. request of that individual. The exempted the Complaint Files and Log, OCR, District of Columbia Office, PO Box member’s right to the information is no Office for Civil Rights from the 14620, Washington, DC 20004–4620. greater than the right of the individual following provisions of the Privacy Act who requested it. pursuant to 5 U.S.C. 552(k)(2) (civil 18±09±01 enforcement): SYSTEM NAME: DISCLOSURE TO CONSUMER REPORTING (1) 5 U.S.C. 552a(c)(3), regarding AGENCIES: access to an accounting of disclosures of Administrative Claims. records. Not applicable. (2) 5 U.S.C. 552a(d)(1) through (4) and SECURITY CLASSIFICATION: (f), regarding notification of and access None.

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SYSTEM LOCATION: individuals, private and public (5) Litigation and Alternative Dispute Office of General Counsel, U.S. hospitals, allegedly negligent parties, Resolution (ADR) Disclosures. Department of Education, 400 Maryland private attorneys, insurance companies, (a) Introduction. In the event that one Avenue, SW, Room 6E301, Washington, the United States Attorney and other of the parties listed below is involved in DC 20202. Federal officials and agencies, litigation or ADR, or has an interest in individual law enforcement officers, litigation ADR, the Department may CATEGORIES OF INDIVIDUALS COVERED BY THE and tribal officials for the purpose of disclose certain records to the parties SYSTEM: investigating, settling, or litigating described in paragraphs (b), (c) and (d) This system contains records about claims. of this routine use under the conditions Department employees, recipients of (2) Disclosure for Use by Other Law specified in those paragraphs: Federal assistance under Department Enforcement Agencies. The Department (i) The Department of Education, or funded programs, and members of the may disclose information to any any component of the Department; or public who have a claim against the Federal, State, local, or foreign agency (ii) Any Department employee in his Department or against whom the or other public authority responsible for or her official capacity; or Department has a claim under the enforcing, investigating, or prosecuting (iii) Any Department employee in his Federal Torts Claims Act, Military violations of administrative, civil, or or her individual capacity if the Personnel and Civilian Employees criminal law or regulation if that Department of Justice (DOJ) has agreed Claims Act, Federal Claims Collection information is relevant to any to provide or arrange for representation Act or Act for Waiver of Overpayment enforcement, regulatory, investigative, for the employee; of Pay. or prosecutive responsibility within the (iv) Any Department employee in his receiving entity’s jurisdiction. or her individual capacity where the CATEGORIES OF RECORDS IN THE SYSTEM: (3) Enforcement Disclosure. In the agency has agreed to represent the This system contains information that event that information in this system of employee; or is pertinent to the particular claim being records indicates, either on its face or in (v) The United States where the asserted, including accident reports, connection with other information, a Department determines that the hospital records, charges for medical violation or potential violation of any litigation is likely to affect the service; certifications of overpayments, applicable statute, regulation, or order Department or any of its components. audits of payroll accounts during period of a competent authority, the (b) Disclosure to the DOJ. If the of overpayments, earning and leave Department may disclose the relevant Department determines that disclosure statements; claims officers records to the appropriate agency, of certain records to the DOJ is relevant memorandum, final determinations whether foreign, Federal, State, Tribal, and necessary to litigation or ADR, the made on claims, identity of debtors and or local, charged with the responsibility Department may disclose those records information pertaining to how debts of investigating or prosecuting that as a routine use to the DOJ. arose. violation or charged with enforcing or (c) Administrative Disclosures. If the Department determines that disclosure AUTHORITY FOR MAINTENANCE OF THE SYSTEM: implementing the statute, executive order, rule, regulation, or order issued of certain records to an adjudicative Federal Torts Claims Act (28 U.S.C. pursuant thereto. body before which the Department is 2671–2680, 1346(b); Waiver of (4) Employment, Benefit, and authorized to appear, an individual or Overpayment of Pay Act (5 U.S.C. 5584; Contracting Disclosure. entity designated the Department or Military Personnel and Civilian (a) For Decisions by the Department. otherwise empowered to resolve or Employees Claims Act, 31 U.S.C. 240 et The Department may disclose a record mediate disputes is relevant and seq.; Federal Claims Collection Act, 31 to a Federal, State, or local agency necessary to the administrative U.S.C. 951–953. maintaining civil, criminal, or other litigation, the Department may disclose PURPOSE(S): relevant enforcement or other pertinent those records as a routine use to the records, or to another public authority The information in this system is used adjudicative body, individual, or entity. or professional organization, if to adjudicate claims between the U.S. (d) Parties, counsels, representatives necessary to obtain information relevant and private parties. and witnesses. If the Department to a Department decision concerning the determines that disclosure of certain ROUTINE USES OF RECORDS MAINTAINED IN THE hiring or retention of an employee or records to a party, counsel, SYSTEM, INCLUDING CATEGORIES OF USERS AND other personnel action, the issuance of representative or witness in an THE PURPOSES OF SUCH USES: a security clearance, the letting of a administrative proceeding is relevant The Department of Education contract, or the issuance of a license, and necessary to the litigation, the (Department) may disclose information grant, or other benefit. Department may disclose those records contained in a record in this system of (b) For Decisions by Other Public as a routine use to the party, counsel, records under the routine uses listed in Agencies and Professional representative or witness. this system of records without the Organizations. The Department may (6) Freedom of Information Act consent of the individual if the disclose a record to a Federal, State, (FOIA) Advice Disclosure. The disclosure is compatible with the local, or foreign agency or other public Department may disclose records to the purposes for which the record was authority or professional organization, Department of Justice and the Office of collected. These disclosures may be in connection with the hiring or Management and Budget if the made on a case-by-case basis or, if the retention of an employee or other Department concludes that disclosure is Department has complied with the personnel action, the issuance of a desirable or necessary in determining computer matching requirements of the security clearance, the reporting of an whether particular records are required Act, under a computer matching investigation of an employee, the letting to be disclosed under the FOIA. agreement. of a contract, or the issuance of a (7) Congressional Member Disclosure. (1) Program Disclosure. The license, grant, or other benefit, to the The Department may disclose records to Department may disclose information to extent that the record is relevant and a member of Congress from the record Federal, State, and local law necessary to the receiving entity’s of an individual in response to an enforcement agencies, private decision on the matter. inquiry from the member made at the

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In the event that one who requested it. instrumentalities. of the parties listed below is involved in POLICIES AND PRACTICES FOR STORING, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS litigation or ADR, or has an interest in RETRIEVING, ACCESSING, RETAINING, AND OF THE ACT: litigation ADR, the Department may DISPOSING OF RECORDS IN THE SYSTEM: None. disclose certain records to the parties STORAGE: described in paragraphs (b), (c) and (d) 18±09±02 of this routine use under the conditions Records are maintained in legal size specified in those paragraphs: files in filing cabinets. SYSTEM NAME: OGC Attorney Applicant Files. (i) The Department of Education, or RETRIEVABILITY: any component of the Department; or SECURITY CLASSIFICATION: Records can be retrieved by the name (ii) Any Department employee in his of the non-Government party, whether None. or her official capacity; or claimant, plaintiff, or alleged debtor. In some instances, these records are SYSTEM LOCATION: (iii) Any Department employee in his retrievable by cross reference to index Office of the General Counsel, U.S. or her individual capacity if the cards, containing name of the party Department of Education, 400 Maryland Department of Justice (DOJ) has agreed involved and the subject matter. Avenue, SW., Room 6E301, Washington, to provide or arrange for representation DC 20202. for the employee; SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE (iv) Any Department employee in his Office buildings in which files are or her individual capacity where the kept are locked after the close of the SYSTEM: This system contains records on agency has agreed to represent the business day. These files are only employee; or accessible to General Counsel staff. current Attorney Applicants for positions in the Office of the General (v) The United States where the RETENTION AND DISPOSAL: Counsel. Department determines that the The records are maintained in litigation is likely to affect the CATEGORIES OF RECORDS IN THE SYSTEM: accordance with the Department of Department or any of its components. The Attorney Applicant system Education Records Disposition (b) Disclosure to the DOJ. If the Schedules (ED/RDS). consists of a variety of records relating to persons applying for attorney Department determines that disclosure SYSTEM MANAGER(S) AND ADDRESS: positions. These records contain of certain records to the DOJ is relevant The General Counsel, Office of the information about an individual’s birth and necessary to litigation or ADR, the General Counsel, U.S. Department of date; home address; telephone number; Department may disclose those records Education, 400 Maryland Avenue, SW., Social Security number; educational as a routine use to the DOJ. Room 6E301, Washington, DC 20202. background (e.g., law schools attended (c) Administrative Disclosures. If the and grades); past work experience; Department determines that disclosure NOTIFICATION PROCEDURE: writing samples furnished on request; of certain records to an adjudicative If you wish to determine whether a recommendations from past employers body before which the Department is record exists regarding you in the and academic officials. authorized to appear, an individual or system of records, contact the system entity designated by the Department or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: manager. Your request must meet the otherwise empowered to resolve or requirements of the regulations at 34 5 U.S.C. 3301 et seq. mediate disputes is relevant and CFR 5b.5, including proof of identity. PURPOSE(S): necessary to the administrative RECORD ACCESS PROCEDURES: The information in this system is used litigation, the Department may disclose If you wish to gain access to a record to evaluate the qualifications of those those records as a routine use to the regarding you in the system of records, individuals who apply for attorney adjudicative body, individual, or entity. contact the system manager. Your positions in the Office of the General (d) Parties, counsels, representatives request must meet the requirements of Counsel. and witnesses. If the Department the regulations at 34 CFR 5b.5, determines that disclosure of certain including proof of identity. ROUTINE USES OF RECORDS MAINTAINED IN THE records to a party, counsel, SYSTEM, INCLUDING CATEGORIES OF USERS AND representative or witness in an CONTESTING RECORD PROCEDURES: THE PURPOSES OF SUCH USES: administrative proceeding is relevant The Department of Education If you wish to contest the content of and necessary to the litigation, the (Department) may disclose information a record regarding you in the system of Department may disclose those records records, contact the system manager. contained in a record in this system of records under the routine uses listed in as a routine use to the party, counsel, Your request must meet the representative or witness. requirements of the regulations at 34 this system of records without the CFR 5b.7. consent of the individual if the (2) Congressional Member Disclosure. disclosure is compatible with the The Department may disclose records to RECORD SOURCE CATEGORIES: purposes for which the record was a member of Congress from the record The information in this system comes collected. These disclosures may be of an individual in response to an from a number of sources including made on a case-by-case basis or, if the inquiry from the member made at the private individuals, private and public Department has complied with the written request of that individual. The hospitals, doctors, law enforcement computer matching requirements of the member’s right to the information is no agencies and officials, private attorneys, Act, under a computer matching greater than the right of the individual accident reports, third parties, claimants agreement. who requested it.

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POLICIES AND PRACTICES FOR STORING, 18-09-03 investigative, or prosecutive RETRIEVING, ACCESSING, RETAINING, AND responsibility within the receiving SYSTEM NAME: DISPOSING OF RECORDS IN THE SYSTEM: entity’s jurisdiction. Employee Conduct—Government STORAGE: (2) Enforcement Disclosure. In the Ethics. These records are maintained in file event that information in this system of folders, alphabetized by name, and in SECURITY CLASSIFICATION: records indicates, either on its face or in some cases the records are separated by None. connection with other information, a individual law school affiliation and by violation or potential violation of any the date the application is received. In SYSTEM LOCATION: applicable statute, regulation, or order some instances records are located in Ethics Counsel Division, Office of the of a competent authority, the lockable conserva-file cabinets and in a General Counsel, U.S. Department of Department may disclose the relevant locked secured room with access Education, 400 Maryland Avenue, SW., records to the appropriate agency, limited to those officials whose duties Room 6E231, Washington, DC 20202. whether foreign, Federal, State, Tribal, require access. In other instances or local, charged with the responsibility CATEGORIES OF INDIVIDUALS COVERED BY THE of investigating or prosecuting that records are maintained in file rooms or SYSTEM: violation or charged with enforcing or with other Office of General Counsel This system contains information files. implementing the statute, executive about current and past Department order, rule, regulation, or order issued RETRIEVABILITY: employees who have requested or pursuant thereto. received advice or guidance in subject These records are retrievable by name. (3) Employment, Benefit, and matter areas relating to employee Contracting Disclosure. SAFEGUARDS: conduct. (a) For Decisions by the Department. Access is limited to those Department CATEGORIES OF RECORDS IN THE SYSTEM The Department may disclose a record officials whose duties require access. : This system contains information to a Federal, State, or local agency RETENTION AND DISPOSAL: relating to acceptance or offer of gifts, maintaining civil, criminal, or other These records are retained in entertainment and favors, outside relevant enforcement or other pertinent accordance with the Department of employment; financial interests; use of records, or to another public authority Education Records Disposition government funds, property or official or professional organization, if Schedules (ED/RDS). information; partisan political activity; necessary to obtain information relevant or other matters relating to employee to a Department decision concerning the SYSTEM MANAGER(S) AND ADDRESS: conduct. hiring or retention of an employee or The General Counsel, U.S. other personnel action, the issuance of Department of Education, Office of the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: a security clearance, the letting of a General Counsel, 400 Maryland Avenue, 18 U.S.C. 202, 203, 205, 207, 208, 209; contract, or the issuance of a license, SW., Room 6E301, Washington, DC Executive Order 11222; and 5 CFR parts grant, or other benefit. 20202. 735, 104; 34 CFR Part 73. (b) For Decisions by Other Public Agencies and Professional NOTIFICATION PROCEDURE: PURPOSE(S): Organizations. The Department may If you wish to determine whether a The information in this system is used disclose a record to a Federal, State, record exists regarding you in the in providing advice or guidance in local, or foreign agency or other public system of records, contact the system subject matter areas relating to authority or professional organization, manager. Your request must meet the employee conduct. in connection with the hiring or requirements of the regulations at 34 retention of an employee or other CFR 5b.5, including proof of identity. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND personnel action, the issuance of a RECORD ACCESS PROCEDURES: THE PURPOSES OF SUCH USES: security clearance, the reporting of an If you wish to gain access to a record The Department of Education investigation of an employee, the letting regarding you in the system of records, (Department) may disclose information of a contract, or the issuance of a contact the system manager. Your contained in a record in this system of license, grant, or other benefit, to the request must meet the requirements of records under the routine uses listed in extent that the record is relevant and the regulations at 34 CFR 5b.5, this system of records without the necessary to the receiving entity’s including proof of identity. consent of the individual if the decision on the matter. disclosure is compatible with the (4) Litigation and Alternative Dispute CONTESTING RECORD PROCEDURES: purposes for which the record was Resolution (ADR) Disclosures. If you wish to contest the content of collected. These disclosures may be (a) Introduction. In the event that one a record regarding you in the system of made on a case-by-case basis or, if the of the parties listed below is involved in records, contact the system manager. Department has complied with the litigation or ADR, or has an interest in Your request must meet the computer matching requirements of the litigation ADR, the Department may requirements of the regulations at 34 Act, under a computer matching disclose certain records to the parties CFR 5b.7. agreement. described in paragraphs (b), (c) and (d) RECORD SOURCE CATEGORIES: (1) Disclosure for Use by Other Law of this routine use under the conditions specified in those paragraphs: Information in this system of records Enforcement Agencies. May disclose (i) The Department of Education, or comes from the individual to whom it information to any Federal, State, local, any component of the Department; or applies, law school officials and past or foreign agency or other public employers. authority responsible for enforcing, (ii) Any Department employee in his investigating, or prosecuting violations or her official capacity; or SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS of administrative, civil, or criminal law (iii) Any Department employee in his OF THE ACT: or regulation if that information is or her individual capacity if the None. relevant to any enforcement, regulatory, Department of Justice (DOJ) has agreed

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Office buildings individuals who either file (v) The United States where the in which these records are maintained administrative complaints initiated by Department determines that the are locked after the close of the business the Department, except claims which litigation is likely to affect the day. are the subjects of records maintained in Department or any of its components. the Administrative Claims System. RETENTION AND DISPOSAL: (b) Disclosure to the DOJ. If the Department determines that disclosure The records are maintained for an CATEGORIES OF RECORDS IN THE SYSTEM: of certain records to the DOJ is relevant indefinite duration. These records contain information pertaining to the subject matter of the and necessary to litigation or ADR, the SYSTEM MANAGER(S) AND ADDRESS: Department may disclose those records litigation, administrative complaint, or Assistant General Counsel, Ethics as a routine use to the DOJ. adverse personnel action. Such records (c) Administrative Disclosures. If the Counsel Division, Office of the General would include complaints, litigation Department determines that disclosure Counsel, U.S. Department of Education, reports, administrative transcripts, of certain records to an adjudicative 400 Maryland Avenue, SW, Room various litigation documents, body before which the Department is 6E231, Washington, DC 20202. investigative materials, correspondence, authorized to appear, an individual or NOTIFICATION PROCEDURE: briefs, court orders and judgments, and in cases where personal injury is entity designated by the Department or If you wish to determine whether a otherwise empowered to resolve or involved, evaluations by physician record exists regarding you in the specialists. mediate disputes is relevant and system of records, contact the system necessary to the administrative manager. Your request must meet the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: litigation, the Department may disclose requirements of the Department of The authority for maintaining this those records as a routine use to the Education’s Privacy Act regulations at system are the various statutes, adjudicative body, individual, or entity. 34 CFR 5b.5, including proof of identity. regulations, rules or orders pertaining to (d) Parties, counsels, representatives the subject matter of the litigation, and witnesses. If the Department RECORD ACCESS PROCEDURES: administrative complaint or adverse determines that disclosure of certain If you wish to gain access to a record personnel action, (e.g., Civil Rights Act, records to a party, counsel, regarding you in the system of records, Federal Torts Claim Act). representative or witness in an contact the system manager. Your administrative proceeding is relevant request must meet the requirements of PURPOSE(S): and necessary to the litigation, the the regulations at 34 CFR 5b.5, The information in this system is used Department may disclose those records including proof of identity. for litigating civil cases, criminal cases as a routine use to the party, counsel, and administrative complaints to which representative or witness. CONTESTING RECORD PROCEDURES: the Department or the United States is (5) Freedom of Information Act If you wish to contest the content of a party. (FOIA) Advice Disclosure. The a record regarding you in the system of Department may disclose records to the records, contact the system manager. ROUTINE USES OF RECORDS MAINTAINED IN THE Department of Justice and the Office of SYSTEM, INCLUDING CATEGORIES OF USERS AND Your request must meet the THE PURPOSES OF SUCH USES: Management and Budget if the requirements of the regulations at 34 The Department of Education Department concludes that disclosure is CFR 5b.7. desirable or necessary in determining (Department) may disclose information whether particular records are required SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS contained in a record in this system of to be disclosed under the FOIA. OF THE ACT: records under the routine uses listed in (6) Congressional Member Disclosure. None. this system of records without the consent of the individual if the The Department may disclose records to 18-09-04 a member of Congress from the record disclosure is compatible with the purposes for which the record was of an individual in response to an SYSTEM NAME: collected. These disclosures may be inquiry from the member made at the Litigation Files, Administrative written request of that individual. The made on a case-by-case basis or, if the Complaints, and Adverse Personnel Department has complied with the member’s right to the information is no Actions. greater than the right of the individual computer matching requirements of the who requested it. SECURITY CLASSIFICATION: Act, under a computer matching None. agreement. POLICIES AND PRACTICES FOR STORING, (1) Disclosure for Use by Other Law RETRIEVING, ACCESSING, RETAINING, AND SYSTEM LOCATION: Enforcement Agencies. The Department DISPOSING OF RECORDS IN THE SYSTEM: Office of the General Counsel, U.S. may disclose information to any STORAGE: Department of Education, 400 Maryland Federal, State, local, or foreign agency These records are kept in legal size Avenue, SW., Room 6E301, Washington, or other public authority responsible for files in filing cabinets. DC 20202. enforcing, investigating, or prosecuting violations of administrative, civil, or RETRIEVABILITY: CATEGORIES OF INDIVIDUALS COVERED BY THE criminal law or regulation if that These records are retrievable by name SYSTEM: information is relevant to any in most cases. In some instances, these The individuals on whom records are enforcement, regulatory, investigative, records are retrievable by cross- maintained in this system are or prosecutive responsibility within the reference to index cards containing the individuals who are involved in receiving entity’s jurisdiction.

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(2) Enforcement Disclosure. In the agency has agreed to represent the SAFEGUARDS: event that information in this system of employee; or Office buildings in which these records indicates, either on its face or in (v) The United States where the records are maintained are locked after connection with other information, a Department determines that the the close of the business day. These violation or potential violation of any litigation is likely to affect the records are only accessible by General applicable statute, regulation, or order Department or any of its components. Counsel staff. of a competent authority, the (b) Disclosure to the DOJ. If the Department may disclose the relevant Department determines that disclosure RETENTION AND DISPOSAL: records to the appropriate agency, of certain records to the DOJ is relevant These records are maintained in whether foreign, Federal, State, Tribal, and necessary to litigation or ADR, the accordance with the Department of or local, charged with the responsibility Department may disclose those records Education Records Disposition of investigating or prosecuting that as a routine use to the DOJ. Schedules (ED/RDS). violation or charged with enforcing or (c) Administrative Disclosures. If the SYSTEM MANAGER(S) AND ADDRESS: implementing the statute, executive Department determines that disclosure order, rule, regulation, or order issued of certain records to an adjudicative The General Counsel, Office of the pursuant thereto. body before which the Department is General Counsel, U.S. Department of (3) Employment, Benefit, and authorized to appear, an individual or Education, 400 Maryland Avenue, SW., Contracting Disclosure. entity designated by the Department or Room 6E301, Washington, DC 20202. (a) For Decisions by the Department. otherwise empowered to resolve or NOTIFICATION PROCEDURE: The Department may disclose a record mediate disputes is relevant and If you wish to determine whether a to a Federal, State, or local agency necessary to the administrative record exists regarding you in the maintaining civil, criminal, or other litigation, the Department may disclose system of records, contact the system relevant enforcement or other pertinent those records as a routine use to the manager. Your request must meet the records, or to another public authority adjudicative body, individual, or entity. or professional organization, if (d) Parties, counsels, representatives requirements of the regulations at 34 necessary to obtain information relevant and witnesses. If the Department CFR 5b.5, including proof of identity. to a Department decision concerning the determines that disclosure of certain RECORD ACCESS PROCEDURES: hiring or retention of an employee or records to a party, counsel, If you wish to gain access to a record other personnel action, the issuance of representative or witness in an regarding you in the system of records, a security clearance, the letting of a administrative proceeding is relevant contact the system manager. Your contract, or the issuance of a license, and necessary to the litigation, the request must meet the requirements grant, or other benefit. Department may disclose those records regulations at 34 CFR 5b.5, including (b) For Decisions by Other Public as a routine use to the party, counsel, proof of identity. Agencies and Professional representative or witness. Organizations. The Department may (5) Freedom of Information Act CONTESTING RECORD PROCEDURES: disclose a record to a Federal, State, (FOIA) Advice Disclosure. The If you wish to contest the content of local, or foreign agency or other public Department may disclose records to the a record regarding you in the system of authority or professional organization, Department of Justice and the Office of records, contact the system manager. in connection with the hiring or Management and Budget if the Your request must meet the retention of an employee or other Department concludes that disclosure is requirements of the regulations at 34 personnel action, the issuance of a desirable or necessary in determining CFR 5b.7. security clearance, the reporting of an whether particular records are required investigation of an employee, the letting to be disclosed under the FOIA. RECORD SOURCE CATEGORIES: of a contract, or the issuance of a (6) Congressional Member Disclosure. The information for this system is license, grant, or other benefit, to the The Department may disclose records to obtained through a number of sources extent that the record is relevant and a member of Congress from the record including the exchange of legal necessary to the receiving entity’s of an individual in response to an pleadings, documents, formal and decision on the matter. inquiry from the member made at the informal discovery, program offices and (4) Litigation and Alternative Dispute written request of that individual. The component agencies, private attorneys, Resolution (ADR) Disclosures. member’s right to the information is no State and local governments, their (a) Introduction. In the event that one greater than the right of the individual agencies and instrumentalities, and of the parties listed below is involved in who requested it. officers of other Federal agencies and litigation or ADR, or has an interest in the individuals involved. litigation ADR, the Department may POLICIES AND PRACTICES FOR STORING, disclose certain records to the parties RETRIEVING, ACCESSING, RETAINING, AND SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS DISPOSING OF RECORDS IN THE SYSTEM: described in paragraphs (b), (c) and (d) OF THE ACT: of this routine use under the conditions STORAGE: None. specified in those paragraphs: These records consist of legal size 18±10±01 (i) The Department of Education, or files stored in file cabinets. any component of the Department; or SYSTEM NAME: RETRIEVABILITY: (ii) Any Department employee in his Investigative Files of the Inspector These records are retrievable by name or her official capacity; or General. (iii) Any Department employee in his of the plaintiff or the first plaintiff if or her individual capacity if the there is more than one, or by the name SECURITY CLASSIFICATION: Department of Justice (DOJ) has agreed of the first defendant if the plaintiff is None. to provide or arrange for representation the United States. In the case of adverse for the employee; personnel actions, records are SYSTEM LOCATION: (iv) Any Department employee in his retrievable by name of the individual Office of Inspector General, U.S. or her individual capacity where the involved. Department of Education, 330 C Street,

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SW., Room 4004, Switzer Building, contained in a record in this system of as a routine use to any accrediting Washington, DC 20202-1500. See the records without the consent of the agency which is or was recognized by Appendix at the end of this system individual if the disclosure is the Secretary of Education pursuant to notice for additional system locations. compatible with the purposes for which the HEA; to any guaranty agency which the record was collected, under the is or was a party to an agreement with CATEGORIES OF INDIVIDUALS COVERED BY THE following routine uses: the Secretary of Education pursuant to SYSTEM: (1) Disclosure for Use by Other Law the HEA; or to any agency which is or Categories include current and former Enforcement Agencies. The Department was charged with licensing or legally Department of Education employees and may disclose information from this authorizing the operation of any individuals who have any relationship system of records as a routine use to any educational institution or school which to financial assistance or other Federal, State, local, or foreign agency was eligible, is currently eligible, or may educational programs administered by or other public authority responsible for become eligible to participate in any the Department of Education, or to enforcing, investigating, or prosecuting program of Federal student assistance management concerns of the violations of administrative, civil, or authorized by the HEA. Department, including but not limited criminal law or regulation where that (7) Litigation Disclosure. to: grantees, subgrantees, contractors, information is relevant to any (a) Disclosure to the Department of subcontractors, program participants, enforcement, regulatory, investigative, Justice. If the Department determines recipients of Federal funds or federally or prosecutive responsibility of the that disclosure of certain records to the insured funds, and officers, employees receiving entity. Department of Justice is relevant and or agents of institutional recipients or (2) Disclosure to Public and Private necessary to litigation and is compatible program participants. Entities to Obtain Information Relevant with the purpose for which the records to Department of Education Functions CATEGORIES OF RECORDS IN THE SYSTEM: were collected, the Department may and Duties. The Department may Investigation files pertaining to disclose those records as a routine use disclose information from this system of to the Department of Justice. Such a violations of criminal laws, fraud, records as a routine use to public or waste, and abuse with respect to disclosure may be made in the event private sources to the extent necessary that one of the parties listed below is administration of Department programs to obtain information from those sources and operations, and violations of involved in the litigation, or has an relevant to a Department investigation, interest in the litigation: employee Standards of Conduct as set audit, inspection or other inquiry. out in 34 CFR part 73. (3) Disclosure for Use in Employment, (i) The Department, or any component of the Department; AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Employee Benefit, Security Clearance, and Contracting Decisions. (ii) Any employee of the Department The Inspector General Act of 1978, as (4) For Decisions by the Department. in his or her official capacity; amended (5 U.S.C. Appendix 3) and 5 The Department may disclose (iii) Any employee of the Department U.S.C. 301. information from this system of records in his or her individual capacity where the Department of Justice has agreed to PURPOSE(S): as a routine use to a Federal, State, represent the employee; or Pursuant to the Inspector General Act, local, or foreign agency maintaining civil, criminal or other relevant (iv) The United States, where the the system is maintained for the Department determines that the purposes of: (1) Conducting and enforcement or other pertinent records, or to another public authority or litigation is likely to affect the documenting investigations by the OIG Department or any of its components. or other investigative agencies regarding professional organization, if necessary to obtain information relevant to a (8) Other Disclosure. If the Department of Education programs and Department determines that disclosure operations and reporting the results of Department decision concerning the hiring or retention of an employee or of certain records to a court, investigations to other Federal agencies, adjudicative body before which the other public authorities or professional other personnel action, the issuance or retention of a security clearance, the Department is authorized to appear, organizations which have the authority individual or entity designated by the to bring criminal prosecutions or civil or letting of a contract, or the issuance or retention of a license, grant, or other Department or otherwise empowered to administrative actions, or to impose resolve disputes, counsel or other other disciplinary sanctions; (2) benefit. (5) For Decisions by Other Public representative, or potential witness is documenting the outcome of OIG relevant and necessary to litigation and investigations; (3) maintaining a record Agencies and Professional Organizations. The Department may is compatible with the purpose for of the activities which were the subject which the records were collected, the of investigations; (4) reporting disclose information from this system of records as a routine use to a Federal, Department may disclose those records investigative findings to other as a routine use to the court, Department of Education components State, local, or foreign agency or other public authority or professional adjudicative body, individual or entity, for their use in operating and evaluating counsel or other representative, or their programs or operations, and in the organization, in connection with the hiring or retention of an employee or witness. Such a disclosure may be made imposition of civil or administrative in the event that one of the parties listed sanctions; and (5) acting as a repository other personnel action, the issuance or retention of a security clearance, the below is involved in the litigation, or and source for information necessary to has an interest in the litigation: fulfill the reporting requirements of the reporting of an investigation of an (i) The Department, or any component Inspector General Act, 5 U.S.C. employee, the letting of a contract, or of the Department; Appendix 3, 5. the issuance or retention of a license, grant or other benefit. (ii) Any employee of the Department ROUTINE USES OF RECORDS MAINTAINED IN THE (6) Disclosure to Public and Private in his or her official capacity; SYSTEM, INCLUDING CATEGORIES OF USERS AND Sources in Connection with the Higher (iii) Any employee of the Department THE PURPOSES OF SUCH USES: Education Act of 1965, as Amended in his or her individual capacity where The Department of Education (‘‘HEA’’). The Department may disclose the Department has agreed to represent (Department) may disclose information information from this system of records the employee; or

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(iv) The United States, where the microcomputer disks, computer RECORD SOURCE CATEGORIES: Department determines that the mainframe files and computer-printed Departmental and other Federal, State litigation is likely to affect the listings. and local government records; Department or any of its components. interviews of witnesses; documents and RETRIEVABILITY: (9) Disclosure to Contractors and other material furnished by non- Consultants. The Department may The records are retrieved by manual governmental sources. Sources may disclose information from this system of or computer search of alphabetical include confidential sources. records as a routine use to a private firm indices or cross-indices. Indices list with which the Department names of individuals, companies and SYSTEM EXEMPTED FROM CERTAIN PROVISIONS contemplates it will contract or with organizations. OF THE ACT: Pursuant to the general authority in which it has contracted for the purpose SAFEGUARDS: of performing any functions or analyses the Privacy Act in 5 U.S.C. 552a(j)(2), Written documents and computer that facilitate or are relevant to an OIG the Secretary has by regulation disks are maintained in secure rooms, in investigation, audit, inspection, or other exempted the Investigative Files of the security-type safes or in bar-lock file inquiry. Such contractor or private firm Inspector General from the following cabinets with manipulation-proof shall be required to maintain Privacy subsections of the Privacy Act: combination locks. Computer Act safeguards with respect to such 5 U.S.C. 552a(c)(3)—access to mainframe files are on-line in guarded, information. accounting of disclosure; (10) Debarment and Suspension combination-locked computer rooms. 5 U.S.C. 552a(d)(1)–(4) and (f)— Disclosure. The Department may RETENTION AND DISPOSAL: procedures for notification of, access to, and correction or amendment of disclose information from this system of Investigative files are retained and records; records as a routine use to another disposed of in accordance with the 5 U.S.C. 552(e)(3)—notice to an Federal agency considering suspension Department’s Records Disposition individual who is required to provide or debarment action where the Schedules (ED/RDS, Part 16). The ED/ information is relevant to the information to the Department; RDS may be obtained by writing to the 5 U.S.C. 552a(e)(4)(G), (H)—inclusion suspension or debarment action. System Manager at the address below. (11) Disclosure to the Department of of information on Department Justice. The Department may disclose SYSTEM MANAGER(S) AND ADDRESS: procedures on notification of, access to, information from this system of records Assistant Inspector General for correction or amendment of records, in as a routine use to the Department of Investigation Services, Office of the the system of records notice. Justice, to the extent necessary for Inspector General, U.S. Department of These exemptions are stated in 34 obtaining its advice on any matter Education, 400 Maryland Avenue, SW., CFR 5b.11. relevant to Department of Education Room 4200, Switzer Building, Appendix to 18–10–01 operations. Washington, DC 20202–1510. (12) Congressional Member Additional System Locations Disclosure. The Department may NOTIFICATION PROCEDURE: Office of Inspector General, U.S. Department disclose records to a member of See ‘‘system exempted,’’ below. As of Education, Room 512, P.O. Box 2142, Congress from the record of an provided in 34 CFR 5b.11(b)(2) and Boston, MA 02106. individual in response to an inquiry (c)(1), the notification procedure is not Office of Inspector General, U.S. Department applicable to criminal investigative files of Education, 75 Park Place, 12th Floor, from the member made at the written New York, NY 10007. request of that individual. The except at the discretion of the Inspector Office of Inspector General, U.S. Department member’s right to the information is no General. To the extent that this of Education, The Wanamaker Building, greater than the right of the individual procedure may apply to criminal 100 Penn Square East, Suite 502, who requested it. investigative files, it is governed by 34 Philadelphia, PA 19107. (13) Computer Matching Disclosure. CFR 5b.5. The notification procedure is Office of Inspector General, U.S. Department The Department may disclose applicable to non-criminal investigative of Education, Atlanta Federal Center, 61 information from this system of records files under the conditions defined by 34 Forsyth Street, Room 18T71, Atlanta, GA as a routine use to a Federal, State, CFR 5b.11(c). Under those conditions it 30303. is governed by 34 CFR 5b.5. Office of Inspector General, U.S. Department local, or foreign agency, or other public of Education, 111 N. Canal Street, Suite authority, for use in computer matching RECORD ACCESS PROCEDURES: 940, Chicago, IL 60606–7204. programs to prevent and detect fraud Office of Inspector General, U.S. Department and abuse in benefit programs See ‘‘system exempted,’’ below. As of Education, 1999 Bryan Street, Suite administered by any agency, to support provided in 34 CFR 5b.11(b)(2) and 2630, Dallas, TX 75201–6817. civil and criminal law enforcement (c)(1), the record access procedure is not Office of Inspector General, U.S. Department activities of any agency and its applicable to criminal investigative files of Education, 2nd Floor, 10220 North components, and to collect debts and except at the discretion of the Inspector Executive Hills Blvd., Kansas City, MO overpayments owed to any agency and General. To the extent that this 64153–1367. procedure may apply to criminal Office of Inspector General, U.S. Department its components. # investigative files, it is governed by 34 of Education, 501 W. Ocean Blvd. 1200, DISCLOSURE TO CONSUMER REPORTING CFR 5b.5. The record access procedure Long Beach, CA 90802. AGENCIES: is applicable to non-criminal 18±10±02 None. investigative files under the conditions defined by 34 CFR 5b.11(c). Under those SYSTEM NAME: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND conditions it is governed by 34 CFR Investigatory Material Compiled for DISPOSING OF RECORDS IN THE SYSTEM: 5b.5. Personnel Security and Suitability Purposes. STORAGE: CONTESTING RECORD PROCEDURES: The records are maintained on index Not applicable. See ‘‘system SECURITY CLASSIFICATION: cards, investigative reports, exempted,’’ below. None.

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SYSTEM LOCATION: for Federal employment, security to maintain Privacy Act safeguards as Security Program Staff, Office of clearances, access to classified required under 5 U.S.C. 552a(m) with Inspector General, U.S. Department of information or restricted areas, and respect to the records in the system. Education, 600 Independence Avenue, evaluations as to suitability for (5) Litigation Disclosure. To parties SW., Washington, DC 20202–1510. performance under Federal contracts or pertaining to litigation disclosure as U.S. Office of Personnel Management, other agreements with the Federal follows: Investigations Group, P.O. Box 886, Government. Incidental to this purpose, (a) In the event that one of the Washington, DC 20044–0886. for those investigations conducted by following parties is involved in the OIG, these records may also be litigation, or has an interest in litigation, CATEGORIES OF INDIVIDUALS COVERED BY THE disclosed to other Federal and non- the Department may disclose certain SYSTEM: Federal investigatory agencies to protect records to the parties described in the Applicants seeking employment with the public or Federal interest, or both. following paragraphs b, c, and d of this the Department of Education routine use under the conditions ROUTINE USES OF RECORDS MAINTAINED IN THE (Department), former and current specified in those paragraphs: employees of, and other persons and SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: (i) The Department or any of its entities doing business with, the components. Department. The Department may disclose information in a record in this system of (ii) Any Department employee in his CATEGORIES OF RECORDS IN THE SYSTEM: records without the consent of the or her official capacity. (iii) Any employee of the Department These records contain investigative individual if the disclosure is in his or her official capacity where the information pertaining to current and compatible with the purpose for which Department of Justice (Justice) has former Department employees, current the record was collected. These agreed to provide or arrange for and former contractor personnel, and disclosures may be made on a case-by- representation of the employee. current employees of entities making case basis or, if the Department has (iv) Any employee of the Department offers to the Department for purposes of complied with the computer matching in his or her individual capacity where doing business. This information agreement. the Department has agreed to represent regards individuals’ character, conduct, (1) Program Purpose: To public or the employee. and loyalty to the United States as private sources to the extent necessary (v) The United States where the relevant to their association with the to obtain information to be included in Department determines that the Department. These records may, as this system of records. litigation is likely to affect the appropriate to the individual being (2) To officials and employees of a Department or any of its components. investigated, include the following Federal, State, or local governmental types of information: (1) Documentation entity in response to its request in (b) Disclosure to the Department of as to his or her arrests and convictions connection with the issuance of security Justice (DOJ). If the Department for violations of the law. (2) Reporting clearances or the conduct of security or determines that disclosure of certain as to interviews held with the suitability investigations of individuals records to the DOJ or attorneys engaged individual, his or her present and seeking employment, licensure, other by DOJ is relevant and necessary to former supervisors, co-workers, benefits, or to perform contractual litigation and is compatible with the associates, neighbors, educators, etc. (3) services, or to otherwise associate with purpose for which the records were Correspondence relating to adjudication the governmental entity. collected, the Department may disclose matters involving the individual. (4) (3) To a Federal, State, local, or those records as a routine use to DOJ. Reports of inquiries made of law foreign entity or other public authority (c) If the Department determines that enforcement agencies for information responsible for the investigation, disclosure of certain records to an about the individual contained in the prosecution, enforcement, or adjudicative body before which the agencies records. (5) Information implementation of a statute, rule, Department is authorized to appear, provided by organizations having regulation, or order, when a record on individual, or entity designated by the association with the individual, such as its face or in combination with any Department or otherwise empowered to employers, educational institutions other information indicates a violation resolve disputes is relevant and attended, professional or fraternal or or potential violation of law (whether necessary to the administrative social organizations to which the civil, criminal, or regulatory in nature) litigation and is compatible with the individual is or was a member, etc. (6) if that information is relevant to any purpose for which the records were Reports of action following an Office of enforcement, regulatory, investigative, collected, the Department may disclose Personnel Management (OPM) or prosecutive responsibility of the those records as a routine use to the investigation or a Federal Bureau of receiving entity. It is OIG policy not to adjudicative body, individual, or entity. Investigation Section 8(d) full field disclose records under this routine use (d) If the Department determines that investigation. (7) Other information that pertain to those questions for which disclosure of certain records to an developed from the previous sources. the OIG has promised confidentiality opposing counsel, representative, or under Standard Form 85P, witness in an administrative proceeding AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Questionnaire for Public Trust is relevant and necessary to the Executive Orders 10450, 10577, and Positions. litigation and is compatible with the 12968; as amended. (4) Contract Disclosure. If the purpose for which the records were Department contracts with an entity for collected, the Department may disclose PURPOSE(S): the purposes of performing any function those records as a routine use to the Records in this system are maintained that requires disclosure of records in counsel, representative, or witness. to provide the Inspector General and this system to employees of the (6) Freedom of Information Act other responsible Department officials contractor, the Department may disclose (FOIA) Advice Disclosure. To the with information to assist them in the records to those employees. Before Department of Justice for the purpose of making individual personnel entering into such a contract, the obtaining advice regarding the determinations concerning suitability Department shall require the contractor releasability of records maintained in

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SAFEGUARDS: If an individual wishes to gain access SECURITY CLASSIFICATION: to a record in this system, he or she Folders are maintained and secured in None. fire resistant safes with manipulation must contact the system manager and proof combination locks, or in metal file provide information as described in the SYSTEM LOCATION: cabinets secured by three position notification procedure. Audit Services, Office of Inspector General, U.S. Department of Education, combination locks. All records, CONTESTING RECORD PROCEDURE: including those records that are 330 C Street, SW., Room 4200, Switzer If an individual wishes to change the Building, Washington, DC 20202–1510. maintained on the computer database, content of a record in the system of are in limited access rooms with keyless records, he or she must contact the CATEGORIES OF INDIVIDUALS COVERED BY THE cipher locks. All employees are required system manager with the information SYSTEM: to have an appropriate security described in the notification procedure, Auditors and audit firms not clearance before they are allowed identify the specific item or items to be employed by the Federal government access, on a ‘‘need-to-know’’ basis, to changed, and provide a written whom the Office of Inspector General the records. Computer databases are justification for the change, including has referred to State boards of kept on a local area network that is not any supporting documentation. accountancy or professional connected to any outside network Requests to amend a record must meet associations and/or suspended or including the Internet. Database the requirements of the regulations in 34 debarred for violations of generally accessibility is restricted to hard wire CFR 5b.7. accepted auditing standards or generally network connection from within the accepted government auditing standards office or via modem. Authorized log-on RECORD SOURCE CATEGORIES: in connection with audits of federally codes and passwords prevent Information contained in this system assisted education programs. unauthorized users from gaining access of records is obtained from: to data and system resources. All users (a) Investigative and other record CATEGORIES OF RECORDS IN THE SYSTEM: have unique log-on codes and material furnished by other Federal Information relating to the audit passwords. The password scheme entities, other departmental activity which led to the referral, requires that users must change components, State, local, and foreign suspension or debarment action, passwords every 90 days and may not governments; including the referral, suspension or repeat the old password. Any individual (b) Applications and other personnel debarment documents; and records on attempting to log on who fails is locked and security forms; the status of each referral.

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AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department programs which may be services, the issuance of a security The Inspector General Act of 1978, as contemplating engaging the firm or clearance, the letting or continuation of amended (5 U.S.C. Appendix 3, 4(a)(1) individual named in the record to a contract to perform audit services by and 4(b)(1)(C)) and 34 CFR part 85, the perform auditing or related services the agency or by any recipient of Nonprocurement Debarment and pertaining to federally assisted Federal funds, or the issuance of a Suspension Regulations. education programs, unless the entities license, grant, or other benefit by the to which the Assistant Inspector General recipient agency. PURPOSE(S): for Audit Services has made a referral (9) Litigation disclosure. This system of records is maintained under routine use number 1, decline to (a) Disclosure to the Department of for the general purpose of enabling the take action against the auditor or act to Justice. A record from this system of OIG to fulfill the requirements of section exonerate the auditor. records may be disclosed to the (4)(b)(1)(C) of the Inspector General Act (5) Disclosure to Public and Private Department of Justice if the record is of 1978, 5 U.S.C. Appendix 3, 4(b)(1)(C) Entities To Obtain Information. A relevant and necessary to litigation. which requires Federal Inspectors record from this system of records may Such a disclosure may be made in the General, including the Department be disclosed to public or private sources event that one of the parties listed below Inspector General, to take appropriate to the extent necessary to obtain is involved in the litigation, or has an steps to assure that any work performed information from those sources relevant interest in the litigation: by non-Federal auditors complies with to an OIG audit oversight activity, (i) The Department or any component the standards established by the referral action, suspension and of the Department; Comptroller General. Records are used debarment action, investigation, audit, (ii) Any employee of the Department to document OIG actions with regard to inspection, or other activity. in his or her official capacity; open and closed referrals, suspensions (6) Enforcement disclosure. In the (iii) Any Department employee in his or debarments by the OIG; to produce event that any records from this system or her individual capacity where the statistical data; and to share information of records, either alone or in Justice Department has agreed to with Federal, State and professional combination with any other represent such employee; or organizations which are also responsible information, indicate a violation or (iv) The United States where the for maintaining or monitoring potential violation of criminal or civil Department determines that the adherence to audit standards. law or regulation, the Department may litigation is likely to affect the disclose information from this system of Department or any of its components. ROUTINE USES OF RECORDS MAINTAINED IN THE records as a routine use to any Federal, (b) Other litigation disclosure. A SYSTEM, INCLUDING CATEGORIES OF USERS AND State, local, or foreign agency or other record from this system of records may THE PURPOSES OF SUCH USES: public authority responsible for be disclosed to a court or adjudicative As provided in the Education enforcing, investigating, or prosecuting body, to a party, counsel or witnesses, Department’s Privacy Act regulations violations of administrative, civil, or in the course of the litigation or related (34 CFR 5b.1(j)), the following routine criminal law or regulation if that settlement proceedings. Such disclosure uses are authorized without the consent information is relevant to any may be made in the event that a person of the individual, but only for a purpose enforcement, regulatory, investigative, or entity listed below is a party to the which is compatible with the purpose or prosecutive responsibility of the litigation, or has an interest in the for which the record was collected: receiving entity. litigation: (1) Audit oversight and referral (7) Disclosure to the Department of (i) The Department or any component disclosure. A record from this system of Justice. A record may be disclosed from of the Department; records may be disclosed to other this system of records to the Department (ii) Any employee of the agency in his Federal agencies, the General of Justice to the extent necessary for or her official capacity; Accounting Office, State agencies obtaining its advice on any matter (iii) Any employee of the Department responsible for audit oversight, and the relevant to an OIG investigation, audit, in his or her individual capacity where American Institute of Certified Public inspection, or other inquiry related to the agency has agreed to represent the Accountants to make referrals regarding the responsibilities of the OIG. employee; or inadequate audits performed by (8) Hiring/contracting disclosure. (iv) The United States, where the independent auditors, to track the result (a) The Department. A record from agency determines that litigation is of proceedings against those auditors, this system of records may be disclosed likely to affect the agency or any of its and to inform these agencies if prior as a routine use to a Federal, State, or components. referrals have been made under this local agency maintaining civil, criminal (9) Congressional member disclosure. routine use. or other relevant enforcement records or The Department may disclose records to (2) Suspension and debarment other pertinent records, such as current a member of Congress from the record disclosure. A record from this system of licenses, if necessary to obtain a record of an individual in response to an records may be disclosed, as authorized relevant to an agency decision inquiry from the member made at the under section 3 of Executive Order concerning the hiring or retention of an written request of that individual. The 12549 for purposes of suspending and employee to perform audit services, the member’s right to the information is no debarring an auditor pursuant to 34 CFR issuance of a security clearance, or the greater than the right of the individual part 85. letting or continuation of a contract to who requested it. (3) Disclosure to auditee. A record perform audit services by the (10) Employee grievance, complaint or from this system of records may be Department or by any recipient of conduct disclosure. The Department disclosed to the auditee which was the Federal funds administered by the may disclose a record in this system of subject of audit oversight by the Department or its agent. records to another agency of the Federal Department OIG. (b) Other Federal agencies. A record government if the record is relevant to (4) Engagement disclosure. A record from this system of records may be one of the following proceedings from this system of records may be disclosed to a Federal agency, in regarding a present or former employee disclosed to a contractor or grantee of connection with the hiring or retention of the Department: Complaint, the Department or other participant in of an employee to perform audit grievance, discipline or competence

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CONTESTING RECORD PROCEDURES: this system to employees of the contractor, the Department may disclose Individuals desiring to contest CATEGORIES OF RECORDS IN THE SYSTEM: the records to those employees. Before information contained in a record in Records in this system contain entering into such a contract, the this system of records should contact information obtained from complainants Department shall require the contractor the system manager. Requests must be who report allegations of wrongdoing to maintain Privacy Act safeguards as made either in writing or in person, and relating to Department of Education required under 5 U.S.C. 552a(m) with must specify: (1) The system of records programs and operations. Specific data respect to the records in the system. from which the record is to be retrieved; may include name and address (if (2) the particular record which the available) of the complainant, the date DISCLOSURE TO CONSUMER REPORTING requestor is seeking to amend; (3) the complaint was received, the affected AGENCIES: whether a deletion, an addition, or a program area, the nature and subject of Not applicable to this system of substitution is being sought; and (4) the the complaint, and any additional records. reason(s) for the requested change(s). contacts and specific comments Requestors may wish to include in their POLICIES AND PRACTICES FOR STORING, provided by the complainant. In requests any appropriate documentation RETRIEVING, ACCESSING, RETAINING, AND addition, information on the OIG DISPOSING OF RECORDS IN THE SYSTEM: supporting the requested change(s). For disposition of the complaint is included a complete statement of contesting in the system. STORAGE: record procedures, see the regulations, Records are maintained in file folders 34 CFR 5b.7. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: and/or microcomputer disk. Inspector General Act of 1978, as RECORD SOURCE CATEGORIES: amended (IG Act), 5 U.S.C. app. 3. RETRIEVABILITY: Information contained in the system Records are indexed and retrieved by will be obtained principally from OIG PURPOSES: name of individuals, firms or other employees. Information regarding the Pursuant to the Inspector General Act, professional associations. status of referral actions will be the system is maintained for the obtained from the appropriate State SAFEGUARDS: purposes of maintaining a record of licensing board and professional complaints and allegations received Records are secured in file cabinets organizations to which the referral was concerning Department of Education and are locked in offices after office made. programs and operations and hours. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS concerning the disposition of those RETENTION AND DISPOSAL: OF THE ACT: complaints and allegations. Records are maintained and destroyed None. ROUTINE USES OF RECORDS MAINTAINED IN THE in accordance with the Department’s SYSTEM, INCLUDING CATEGORIES OF USERS AND 18±10±04 Records Disposition Schedule (ED/RDS, THE PURPOSES OF SUCH USES: Part 16). A copy of the ED/RDS can be SYSTEM NAME: The Department of Education may obtained from the system manager at the Hotline Complaint Files of the disclose information contained in a address below. Inspector General. record in this system of records without SYSTEM MANAGER(S) AND ADDRESSES: the consent of the individual if the SECURITY CLASSIFICATION: disclosure is compatible with the Assistant Inspector General for Audit None. purpose for which the record was Services, Office of Inspector General, collected, under the following routine U.S. Department of Education, 400 SYSTEM LOCATION: uses: Maryland Avenue, SW., Switzer Office of Inspector General, U.S. (1) Disclosure for Use by Other Law Building, Washington, DC 20202–1510. Department of Education, 330 C Street, SW., Room 4116, Switzer Building, Enforcement Agencies. In the event that NOTIFICATION PROCEDURE: Washington, DC 20202–1510. any records from this system of records, Individuals wishing to know if they either by themselves or in combination are named in this system of records CATEGORIES OF INDIVIDUALS COVERED BY THE with any other information, indicate a must submit a written request to the SYSTEM: violation or potential violation of system manager. Requests must Categories include individuals who criminal or civil law or regulation, the reasonably specify the system of records are sources of information or have made Department may disclose information containing the information and the complaints to the OIG Hotline, from this system of records as a routine particular record contents being sought. individuals who allegedly have use to any Federal, State, local, or For a complete statement of notification knowledge regarding wrongdoing foreign agency or other public authority procedures, see the regulations, 34 CFR affecting the programs and operations of responsible for enforcing, investigating, 5b.5. the Department, and individuals about or prosecuting violations of whom complaints and allegations have administrative, civil, or criminal law or RECORD ACCESS PROCEDURES: been made concerning wrongdoing regulation if that information is relevant Individuals wishing to gain access to involving the programs and operations to any enforcement, regulatory, a record in this system of records must of the Department of Education. These investigative, or prosecutive submit a written request to the system individuals may include, but are not responsibility of the receiving entity. manager. Requests must reasonably limited to, current and former (2) Litigation Disclosure.

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(a) Introduction. In the event that one Education Act of 1965, as amended RETENTION AND DISPOSAL: of the following parties is involved in (HEA). The Department may disclose Hotline records not resulting in litigation, or has an interest in litigation, information from this system of records investigations are destroyed when five the Department may disclose certain as a routine use to any accrediting years old, in accordance with the records to the parties described in agency that is or was recognized by the Department’s Records Disposition paragraphs (2), (3), and (4) of this Secretary of Education pursuant to the Schedules (ED/RDS, part 16). routine use under the conditions HEA, to any guarantee agency that is or Investigative case files are destroyed 10 specified in those paragraphs: was a party to an agreement with the years after close-out in accordance with (i) The Department, or any component Secretary of Education pursuant to the the Department’s Records Disposition of the Department; or HEA, or to any agency that is or was Schedules (ED/RDS, Part 16). (ii) Any Department employee in his charged with licensing or legally SYSTEM MANAGER AND ADDRESS: or her official capacity; or authorizing the operation of any (iii) Any employee of the Department educational institution or school that Assistant Inspector General for in his or her individual capacity if the was eligible, is currently eligible, or may Investigation Services, Office of Department of Justice has agreed to become eligible to participate in any Inspector General, U.S. Department of provide or arrange for representation for program of Federal student assistance Education, 400 Maryland Avenue, SW., Room 4106, Switzer Building, the employee; or authorized by the HEA. (iv) Any employee of the Department Washington, DC 20202-1510. (5) Disclosure to the Department of in his or her individual capacity if the Justice. The Department may disclose NOTIFICATION PROCEDURE: agency has agreed to represent the information from this system of records See Systems Exempted. As provided employee; or (v) The United States if the as a routine use to the Department of in 34 CFR 5b.11(f), the notification Department determines that the Justice to the extent necessary for procedures are not applicable to Hotline files except at the discretion of the litigation is likely to affect the obtaining its advice on any matter Inspector General. The notification Department or any of its components. relevant to an OIG investigation, audit, (b) Disclosure to the Department of inspection, or other inquiry related to procedures are applicable to non- Justice. If the Department determines the responsibilities of the OIG. criminal files only under the conditions that disclosure of certain records to the (6) Congressional Disclosure. The in 34 CFR 5b.11(f)(2). To the extent Department of Justice or attorneys Department may disclose records to a these procedures apply to the engaged by the Department of Justice is member of Congress from the record of Department of Education Hotline relevant and necessary to litigation, the an individual in response to an inquiry Complaint Files, they are governed by Department may disclose those records from the member made at the written 34 CFR 5b.5. as a routine use to the Department of request of that individual. The RECORD ACCESS PROCEDURES: Justice. member’s right to the information is no See Notification Procedure. (c) Administrative Disclosures. If the greater than the right of the individual Department determines that disclosure who requested it. CONTESTING RECORD PROCEDURES: of certain records to an adjudicative Not applicable. See Systems body before which the Department is DISCLOSURE TO CONSUMER REPORTING Exempted. authorized to appear or to an individual AGENCIES: RECORD SOURCE CATEGORIES: or an entity designated by the None. Department or otherwise empowered to Complainants who include, but are resolve disputes is relevant and POLICIES AND PRACTICES FOR STORING, not limited to, current and former necessary to the administrative RETRIEVING, ACCESSING, RETAINING, AND employees of the Department, DISPOSING OF RECORDS IN THE SYSTEM: litigation, the Department may disclose employees of other Federal agencies, employees of State and local agencies, those records as a routine use to the STORAGE: adjudicative body, individual, or entity. private individuals, and officers and (d) Opposing Counsels, The records are maintained in employees of non-governmental Representatives, and Witnesses. If the complaint files, computer mainframe organizations that are involved with Department determines that disclosure files, and computer-printed listings. Department programs, contracts, or funds or have knowledge about of certain records to an opposing RETRIEVABILITY: counsel, representative, or witness in an Department programs, contracts, or administrative proceeding is relevant Hard copy records are organized by funds. and retrievable by the assigned Hotline and necessary to the litigation, the SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Department may disclose those records number. The computer files are indexed OF THE ACT: and retrievable by Hotline number, as a routine use to the counsel, The Secretary has by regulations name of complainant, and the name of representative, or witness. exempted the Hotline Complaint Files the subject or subjects. (3) Disclosure to Public and Private of the Inspector General from the Entities to Obtain Information Relevant SAFEGUARDS: following provisions of the Privacy Act: to the Department’s OIG Functions and (1) Pursuant to 5 U.S.C. 552a(j)(2): Duties. The Department may disclose Records are maintained in locked file (a) 5 U.S.C. 552a(c)(3), regarding information from this system of records cabinets or in metal file cabinets in access to an accounting of disclosures of as a routine use to public or private secured rooms or premises to which a record. sources to the extent necessary to obtain access is limited to those persons whose (b) 5 U.S.C. 552a(c)(4), regarding information from those sources relevant official duties require access. Computer notification to outside parties and to a Department of Education/OIG terminals are secured in controlled areas agencies of correction or notation of investigation, audit, inspection, or other that are locked when unoccupied. dispute made in accordance with 5 inquiry. Access to automated records is limited U.S.C. 552a(d). (4) Disclosure to Public and Private to authorized personnel who must use (c) 5 U.S.C. 552a(d)(1) through (4) and Sources in Connection with the Higher a password system to gain access. (f), regarding notification or access to

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In addition, agencies having agreements with the (f) 5 U.S.C. 552a(e)(3), regarding information on the student’s prior Pell Secretary for purposes of coordinating notice to individuals asked to provide a Grant awards and student loan status student aid. record to the Department. from the National Student Loan Data (3) Disclosure to parents and spouses. (g) 5 U.S.C. 552a(e)(4)(G), (H), and (I), System (NSLDS) database is maintained The Department, upon request, may regarding inclusion of information in in the system. disclose information that is provided by the system notice about procedures for parents or spouses on the application notification, access, correction, and AUTHORITY FOR MAINTENANCE OF THE SYSTEM: form to those individuals. source of records. Title IV of the Higher Education Act (4) Disclosure for Use by Other Law (h) 5 U.S.C. 552a(e)(5), regarding of 1965, as amended. Enforcement Agencies. The Department maintaining records with requisite PURPOSE(S): may disclose information to any accuracy, relevance, timeliness, and Federal, State, local, or foreign agency completeness. Information contained in this system or other public authority responsible for (i) 5 U.S.C. 552a(e)(8), regarding is maintained for the purposes of: (1) enforcing, investigating, or prosecuting service of notice on subject individual if Determining an applicant’s eligibility violations of administrative, civil, or a record is made available under for the Federal student financial criminal law or regulation if that compulsory legal process if that process assistance programs authorized by title information is relevant to any becomes a matter of public record. IV of the HEA; (2) Maintaining a record enforcement, regulatory, investigative, (j) 5 U.S.C. 552a(g), regarding civil of the data supplied by those requesting or prosecutive responsibility within the remedies for violation of the Privacy assistance; (3) Documenting the results receiving entity’s jurisdiction. Act. of an applicant’s need analysis and Pell (5) Enforcement Disclosure. In the (2) Pursuant to 5 U.S.C. 552a(k)(2): Grant eligibility; (4) Reporting the (a) 5 U.S.C. 552a(c)(3), regarding event that information in this system of results of the need analysis and Pell records indicates, either on its face or in access to an accounting of disclosures of Grant eligibility determination to records. connection with other information, a applicants, postsecondary institutions, violation or potential violation of any (b) 5 U.S.C. 552a(d)(1) through (4) and and State agencies designated by the (f), regarding notification of and access applicable statute, regulation, or order applicant, and to other Departmental of a competent authority, the to records and correction or amendment and investigative components for use in of records. Department may disclose the relevant operating and evaluating the title IV, records to the appropriate agency, (c) 5 U.S.C. 552a(e)(1), regarding the HEA programs and in the imposition of requirement to maintain only relevant whether foreign, Federal, State, Tribal, criminal, civil or administrative or local, charged with the responsibility and necessary information. sanctions; and (5) Acting as a repository (d) 5 U.S.C. 552a(e)(4)(G), (H), and (I), of investigating or prosecuting that and source for information necessary to regarding inclusion of information in violation or charged with enforcing or fulfill the requirements of title IV of the the system notice about procedures for implementing the statute, executive HEA. notification, access, correction, and order, rule, regulation, or order issued source of records. ROUTINE USES OF RECORDS MAINTAINED IN THE pursuant thereto. These exemptions are stated in 34 SYSTEM, INCLUDING CATEGORIES OF USERS AND (6) Litigation and Alternative Dispute CFR 5b.11. PURPOSES OF SUCH USERS: Resolution (ADR) Disclosures. The Department of Education (a) Introduction. In the event that one 18±11±01 (Department) may disclose information of the parties listed below is involved in SYSTEM NAME: contained in a record in this system of litigation or ADR, or has an interest in Federal Student Aid Application File. records under the routine uses listed in litigation ADR, the Department may this system of records without the disclose certain records to the parties SECURITY CLASSIFICATION: consent of the individual if the described in paragraphs (b), (c) and (d) None. disclosure is compatible with the of this routine use under the conditions specified in those paragraphs: SYSTEM LOCATION: purposes for which the record was collected. These disclosures may be (i) The Department of Education, or Application & Pell Processing made on a case-by-case basis or, if the any component of the Department; or Systems Division, Office of Student Department has complied with the (ii) Any Department employee in his Financial Assistance Programs, U.S. computer matching requirements of the or her official capacity; or Department of Education, Seventh and Act, under a computer matching (iii) Any Department employee in his D Streets, SW., Room 4621, ROB–3, agreement. or her individual capacity if the Washington, DC 20202–5459. Federal Student Aid Application (1) Disclosure to institutions of Department of Justice (DOJ) has agreed Processing Center, Iowa City, IA 52240. postsecondary education. The to provide or arrange for representation Department may disclose identifying for the employee; CATEGORIES OF INDIVIDUALS COVERED BY THE information, financial data, and (iv) Any Department employee in his SYSTEM: expected family contributions of or her individual capacity where the This system contains records on applicants to those institutions of agency has agreed to represent the students applying for Federal student postsecondary education (or their employee; or financial assistance under Title IV of the designated agents) in which the (v) The United States where the Higher Education Act of 1965 (HEA). applicants plan to enroll or are enrolled. Department determines that the

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The Department may Original records are maintained and as a routine use to the DOJ. disclose the information specified in stored in a Federal Records Center. (c) Administrative Disclosures. If the this paragraph under 5 U.S.C. Grant aid records are kept for a period Department determines that disclosure 552a(b)(12) and the procedures not to exceed fifteen years after payment of certain records to an adjudicative contained in subsection 31 U.S.C. or audit of the grantee, whichever comes body before which the Department is 3711(e). A consumer reporting agency to sooner; and loan records are kept three authorized to appear, an individual or which these disclosures may be made is years after cancellation or repayment of entity designated by the Department or defined at 31 U.S.C. 3701(a)(3). a loan, in accordance with the otherwise empowered to resolve or Department of Education Records mediate disputes is relevant and POLICIES AND PRACTICES FOR STORING, Disposition Schedules (ED/RDS). necessary to the administrative RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: litigation, the Department may disclose Director, Application & Pell those records as a routine use to the STORAGE: Processing Systems Division, Office of adjudicative body, individual, or entity. Original applications are maintained (d) Parties, counsels, representatives in standard Federal Records Center Student Financial Assistance Programs, and witnesses. If the Department boxes in locked storage rooms within U.S. Department of Education, 400 determines that disclosure of certain the facility of the Application for Maryland Avenue, SW., Room 4621, records to a party, counsel, Federal Student Aid Processor. ROB–3, Washington, DC 20202–5459. representative or witness in an Computerized applicant records are NOTIFICATION PROCEDURE: administrative proceeding is relevant maintained on magnetic tape reels, A copy of the applicant’s record, and necessary to the litigation, the cartridges and hard disks in the known as the Student Aid Report, is Department may disclose those records computer facility and locked storage mailed to the applicant’s home address as a routine use to the party, counsel, rooms within the Federal Student Aid after the application information has representative or witness. Application Central Processing Center. been processed. If you wish to (7) Freedom of Information Act Microfiche records maintained in the determine whether a record exists (FOIA) Advice Disclosure. The Washington, DC office are locked in regarding you in the system of records, Department may disclose records to the standard file cabinets. contact the system manager and provide Department of Justice and the Office of you name, date of birth, and Social Management and Budget if the RETRIEVABILITY: Records are indexed by Social Security number or call 1–800–4–FED– Department concludes that disclosure is AID (1–800–433–3243) and give the desirable or necessary in determining Security number and the first two letters of the applicant’s last name. same information. Requests for whether particular records are required notification about whether the system of to be disclosed under the FOIA. SAFEGUARDS: records contains information about an (8) Contract Disclosure. If the Records are available to staff of the individual must meet the requirements Department contracts with an entity for Student Financial Assistance Programs of the regulations at 34 CFR 5b.5, the purposes of performing any function (including appropriate contract support including proof of identity. that requires disclosure of records in staff). The Department will mail an this system to employees of the RECORD ACCESS PROCEDURES: Electronic Access Code (EAC) directly contractor, the Department may disclose to certain students who have used the If you wish to gain access to a record the records to those employees. Before World Wide Web to electronically file a in this system, contact the system entering into such a contract, the Free Application for Federal Student manager and provide information as Department shall require the contractor Aid (FAFSA). The student uses the EAC described in the Notification Procedure. to maintain Privacy Act safeguards as to complete their renewal Free Requests by an individual for access to required under 5 U.S.C. 552a(m) with Application for Federal Student Aid a record must meet the requirements of respect to the records in the system. (FAFSA) via the Internet. Physical the regulations at 34 CFR 5b.5, (9) Congressional Member Disclosure. including proof of identity. The Department may disclose records to access to the data systems housed a member of Congress from the record within the facility is controlled by a CONTESTING RECORD PROCEDURES: of an individual in response to an computerized badge reading system, If you wish to change the content of inquiry from the member made at the and the entire complex is patrolled by a record in the system of records (for the written request of that individual. The security personnel during nonbusiness current Free Application for Federal member’s right to the information is no hours. The computer system employed Student Aid (FAFSA)), contact the greater than the right of the individual by the Department offers a high degree system manager with the information who requested it. of resistance to tampering and described in the Notification Procedure, circumvention. Multiple levels of identify the specific items to be DISCLOSURE TO CONSUMER REPORTING security are maintained within the changed, and provide a justification for AGENCIES: computer system control program. This the change. Requests to amend a record Disclosures pursuant to 5 U.S.C. security system limits data access to must meet the requirements of 552a(b)(12): The Department may Department and contract staff on a regulations at 34 CFR 5b.7. disclose to a consumer reporting agency ‘‘need-to-know’’ basis, and controls information regarding a claim by the individual users’ ability to access and RECORD SOURCE CATEGORIES: Department which is determined to be alter records within the system. All Applicants for Federal student valid and overdue as follows: (1) The users of this system of records are given financial aid provide the information

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(For students who have from other agencies through computer mediate disputes is relevant and access to the Internet, the Free matching programs, may be disclosed to necessary to the administrative Application for Federal Student Aid any third party through a computer litigation, the Department may disclose (FAFSA) is available on the world wide matching program in connection with those records as a routine use to the web (located at www.fafsa.ed.gov). an individual’s application or adjudicative body, individual, or entity. Although students using the web site qparticipation in any grant or loan (d) Parties, counsels, representatives are required to send in a paper signature program administered by the and witnesses. If the Department page and students must update their Department. Purposes of these determines that disclosure of certain information each year, applying disclosures may be to determine records to a party, counsel, electronically using the Internet is less program eligibility and benefits, enforce representative or witness in an burdensome than applying on paper.) the conditions and terms of the loan or administrative proceeding is relevant grant, permit the servicing and and necessary to the litigation, the SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS collecting of the loan or grant, counsel OF THE ACT: Department may disclose those records the individual in repayment efforts, None. as a routine use to the party, counsel, investigate possible fraud and verify representative or witness. 18±11±02 compliance with program regulations, locate a delinquent or defaulted debtor, DISCLOSURE TO CONSUMER REPORTING SYSTEM NAME: and initiate legal action against an AGENCIES: Recipient Financial Management individual involved in program fraud or Disclosures pursuant to 5 U.S.C. System. abuse. 552a(b)(12): The Department may (2) Congressional Member Disclosure. SECURITY CLASSIFICATION: disclose to a consumer reporting agency The Department may disclose records to None. information regarding a claim which is a member of Congress from the record determined to be valid and overdue as SYSTEM LOCATION: of an individual in response to an follows: (1) The name, address, taxpayer Central Computer Facility, U.S. inquiry from the member made at the identification number and other Department of Education, 400 Maryland written request of that individual. The information necessary to establish the Avenue, SW., Washington, DC 20202. Member’s right to the information is no identity of the individual responsible greater than the right of the individual for the claim; (2) the amount, status, and CATEGORIES OF INDIVIDUALS COVERED BY THE who requested it. SYSTEM: history of the claim; and (3) the program (3) Litigation and Alternative Dispute under which the claim arose. The This system contains records on all Resolution (ADR) Disclosures. Department may disclose the Pell Grant Recipients. (a) Introduction. In the event that one information specified in this paragraph of the parties listed below is involved in CATEGORIES OF RECORDS IN THE SYSTEM: under 5 U.S.C. 552a(b)(12) and the litigation or ADR, or has an interest in procedures contained in subsection 31 This system consists of the names, litigation ADR, the Department may U.S.C. 3711(f). A consumer-reporting addresses, birth dates, Social Security disclose certain records to the parties agency to which these disclosures may numbers, financial data, and status of described in paragraphs (b), (c) and (d) be made is defined at 31 U.S.C.3701 award for Pell Grant recipients. of this routine use under the conditions (a)(3). AUTHORITY FOR MAINTENANCE OF THE SYSTEM: specified in those paragraphs: Title IV–A of the Higher Education (i) The Department of Education, or POLICIES AND PRACTICES FOR STORING, Act of 1965. any component of the Department; or RETRIEVING, ACCESSING, RETAINING, AND (ii) Any Department employee in his DISPOSING OF RECORDS IN THE SYSTEM: PURPOSE(S): or her official capacity; or The information in this system is used (iii) Any Department employee in his STORAGE: to prepare processed student payment or her individual capacity if the Origination and disbursement reports data for submission to schools or their Department of Justice (DOJ) has agreed are now stored electronically. Decrease agents in order to verify payments made to provide or arrange for representation award and audit reports are maintained to students. for the employee; in hard copy. (iv) Any Department employee in his ROUTINE USES OF RECORDS MAINTAINED IN THE or her individual capacity where the RETRIEVABILITY: SYSTEM, INCLUDING CATEGORIES OF USERS AND agency has agreed to represent the Records are indexed by institution PURPOSES OF SUCH USES: employee; or The Department of Education (v) The United States where the and by recipient name and Social (Department) may disclose information Department determines that the Security number within school. contained in a record in this system of litigation is likely to affect the SAFEGUARDS: records under the routine uses listed in Department or any of its components this system of records without the (b) Disclosure to the DOJ. If the Direct access is restricted to consent of the individual if the Department determines that disclosure authorized staff. A computerized badge disclosure is compatible with the of certain records to the DOJ is relevant reading system controls physical access purposes for which the record was and necessary to litigation or ADR, the to the records housed within the collected. These disclosures may be Department may disclose those records facility. made on a case-by-case basis or, if the as a routine use to the DOJ. Department has complied with the (c) Administrative Disclosures. If the RETENTION AND DISPOSAL: computer matching requirements of the Department determines that disclosure Original copies are maintained until Act, under a computer matching of certain records to an adjudicative fiscal year funds are closed out and then agreement. body before which the Department is are stored at the Federal Records Center.

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SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF INDIVIDUALS COVERED BY THE litigation is likely to affect the SYSTEM: Director, Student Aid Origination Department or any of its components. Team, Programs Systems Service, 400 This system contains records on (b) Disclosure to the DOJ. If the Maryland Avenue, SW., Washington, applicants and recipients of student Department determines that disclosure DC 20202. financial assistance. of certain records to the DOJ is relevant and necessary to litigation or ADR, the CATEGORIES OF RECORDS IN THE SYSTEM: NOTIFICATION PROCEDURE: Department may disclose those records This system consists of student as a routine use to the DOJ. A student who has received a Federal financial assistance application, award (c) Administrative Disclosures. If the Pell Grant, should presume that a record and servicing forms and documentation. Department determines that disclosure exists. If you wish to determine whether AUTHORITY FOR MAINTENANCE OF THE SYSTEM: of certain records to an adjudicative a record exists regarding you in the body before which the Department is system of records, contact the system Title IV of the Higher Education Act of 1965. authorized to appear, an individual or manager and provide your name, social entity designated by the Department or security number and date of birth. Your PURPOSE(S): otherwise empowered to resolve or request must meet the requirements of The information in this system is used mediate disputes is relevant and the regulations at 34 CFR 5b.5, to determine program eligibility and necessary to the administrative including proof of identity. benefits, enforce the conditions and litigation, the Department may disclose terms of the loan or grant, permit the those records as a routine use to the RECORD ACCESS PROCEDURES: servicing and collecting of the loan or adjudicative body, individual, or entity. If you wish to gain access to a record grant, counsel the individual in (d) Parties, counsels, representatives in this system, you should contact the repayment efforts, investigate possible and witnesses. If the Department system manager and provide fraud and verify compliance with determines that disclosure of certain information as described in the program regulations, locate a delinquent records to a party, counsel, Notification Procedure. Your request or defaulted debtor, and initiate legal representative or witness in an must meet the requirements of the action against an individual involved in administrative proceeding is relevant regulations at 34 CFR 5b.5, including program fraud or abuse. and necessary to the litigation, the proof of identity. ROUTINE USES OF RECORDS MAINTAINED IN THE Department may disclose those records SYSTEM, INCLUDING CATEGORIES OF USERS AND as a routine use to the party, counsel, CONTESTING RECORD PROCEDURES: THE PURPOSE OF SUCH USES: representative or witness. If you wish to change the content of The Department of Education (2) Congressional Member Disclosure. a record in the system of records, you (Department) may disclose information The Department may disclose records to should contact the system manager with contained in a record in this system of a member of Congress from the record the information described in the records under the routine uses listed in of an individual in response to an Notification Procedure, identify the this system of records without the inquiry from the member made at the specific items to be changed and consent of the individual if the written request of that individual. The provide a written justification for the disclosure is compatible with the member’s right to the information is no change. Your request must meet the purposes for which the record was greater than the right of the individual requirements of the regulations at 34 collected. These disclosures may be who requested it. CFR 5b.7. made on a case-by-case basis or, if the (3) Program Disclosures. Any Department has complied with the information from this system of records, RECORD SOURCE CATEGORIES: computer matching requirements of the including personal information obtained Information in this system is obtained Act, under a computer matching from other agencies through computer from origination and disbursement agreement. matching programs, may be disclosed to records provided by the school or its (1) Litigation and Alternative Dispute any third party through a computer agent to the Department of Education. Resolution (ADR) Disclosures. matching program in connection with (a) Introduction. In the event that one an individual’s application or SYSTEM EXEMPTED FROM CERTAIN PROVISIONS of the parties listed below is involved in participation in any grant or loan OF THE ACT: litigation or ADR, or has an interest in program administered by the Department of Education. Purposes of None. litigation ADR, the Department may disclose certain records to the parties these disclosures may be to determine 18±11±03 described in paragraphs (b), (c) and (d) program eligibility and benefits, enforce of this routine use under the conditions the conditions and terms of the loan or SYSTEM NAME: specified in those paragraphs: grant, permit the servicing and Student Financial Assistance (i) The Department of Education, or collecting of the loan or grant, counsel Validation File. any component of the Department; or the individual in repayment efforts, (ii) Any Department employee in his investigate possible fraud and verify SECURITY CLASSIFICATION: or her official capacity; or compliance with program regulations, (iii) Any Department employee in his None. locate a delinquent or defaulted debtor, or her individual capacity if the and initiate legal action against an Department of Justice (DOJ) has agreed SYSTEM LOCATION: individual involved in program fraud or to provide or arrange for representation abuse. Debt Collection, Division of for the employee; Certification and Program Review, (iv) Any Department employee in his DISCLOSURE TO CONSUMER REPORTING Office of Student Financial Assistance or her individual capacity where the AGENCIES: Programs, U.S. Department of agency has agreed to represent the Disclosures pursuant to 5 U.S.C. Education, Seventh and D Streets, SW., employee; or 552a(b)(12): The Department may Room 4520, ROB–3, Washington, DC (v) The United States where the disclose to a consumer reporting agency 20202. Department determines that the information regarding a claim which is

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.086 pfrm02 PsN: 04JNN2 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30163 determined to be valid and overdue as RECORD SOURCE CATEGORIES: PURPOSE(S): follows: (1) The name, address, taxpayer Information in this system is obtained The information maintained in this identification number and other from application data, incoming system is used for the purposes of information necessary to establish the correspondence and related material, determining program eligibility and identity of the individual responsible obtained during course of investigation; benefits, verifying the identity of the for the claim; (2) the amount, status, and Program System Service (PSS), National individual, enforcing the conditions and history of the claim; and (3) the program Student Loan Data Systems Division terms of the loan or grant, permitting the under which the claim arose. The (NSLDS). servicing and collecting of the loan or Department may disclose the grant, counseling the individual in information specified in this paragraph SYSTEM EXEMPTED FROM CERTAIN PROVISIONS repayment efforts, investigating possible under 5 U.S.C. 552a(b)(12) and the OF THE ACT: fraud and verifying compliance with procedures contained in subsection 31 None. program regulations, locating a U.S.C. 3711(f). A consumer reporting delinquent or defaulted debtor or 18±11±05 agency to which these disclosures may locating a recipient owing an be made is defined at 31 SYSTEM NAME: overpayment on a grant, initiating legal U.S.C.3701(a)(3). action against an individual involved in Title IV Program Files. program fraud, abuse, or POLICIES AND PRACTICES FOR STORING, SECURITY CLASSIFICATION: noncompliance, and enforcing Title IV RETRIEVING, ACCESSING, RETAINING, AND requirements against schools, lenders, DISPOSING OF RECORDS IN THE SYSTEM: None. and guaranty agencies. STORAGE: SYSTEM LOCATION: ROUTINE USES OF RECORDS MAINTAINED IN THE Records are maintained in standard Program System Service, Office of SYSTEM, INCLUDING CATEGORIES OF USERS AND file cabinets. Student Financial Assistance Programs, THE PURPOSES OF SUCH USES: U.S. Department of Education, Seventh The Department of Education RETRIEVABILITY: and D Streets, SW., Room 4640, ROB– (Department) may disclose information Records are indexed by name. 3, Washington, DC 20202–5258. contained in a record in this system of Computer Sciences Corporation, records without the consent of the SAFEGUARDS: Meridan, Connecticut. individual if the disclosure is Access is restricted to authorized staff compatible with the purpose for which only and files are maintained in locked CATEGORIES OF INDIVIDUALS COVERED BY THE the record was collected under the SYSTEM: cabinets. following routine uses: This system contains records on the (1) Program Disclosures. ED may RETENTION AND DISPOSAL: following individuals: disclose records for the following Records are maintained until resolved (1) Individuals who apply for Federal program purposes: and then transferred to the Federal financial student aid; (a) To verify the identity of the Records Center. (2) Recipients of Pell Grants; applicant, disclosures may be made to (3) Recipients of Federal Direct guaranty agencies, educational and SYSTEM MANAGER(S) AND ADDRESS: Student Loans; and financial agencies or institutions, Director, Division of Certification and (4) Borrowers whose loan defaulted or Federal, State or local agencies, private Program Review, Office of Student borrower died, became disabled or had parties such as relatives, present and Financial Assistance Programs, U.S. a loan discharged in bankruptcy under former employers and creditors, Department of Education, 400 Maryland the Federal Direct Student Loan contractors, business and personal Avenue, SW., Room 4520, ROB–3, Program. associates and consumer reporting Washington, DC 20202. agencies. CATEGORIES OF RECORDS IN THE SYSTEM: (b) To determine program eligibility NOTIFICATION PROCEDURE: This system contains records and benefits, disclosures may be made If you wish to determine whether a regarding the amount of Pell Grant to guaranty agencies, educational and record exists regarding you in the applicant receives; applicant’s financial agencies or institutions, system of records, contact the system demographic background, loan, and Federal, State or local agencies, private manager. Your request must meet the educational status; family income; parties such as relatives, present and requirements of the regulations at 34 Social Security number; address and former employers and creditors, CFR 5b.5, including proof of identity. telephone number; and employment contractors, business and personal information on borrowers and co- associates and consumer reporting RECORD ACCESS PROCEDURES: signers; default claim number; amount agencies. If you wish to gain access to a record of claim; information pertaining to (c) To facilitate default reduction regarding you in the system of records, locating a borrower; collection and efforts by program participants, contact the system manager. Your repayment history; information disclosures may be made to guaranty request must meet the requirements of pertaining to the amount of the loan and agencies, educational and financial the regulations at 34 CFR 5b.5, repayment obligation; forbearance; agencies or institutions, Federal, State including proof of identity. cancellation; disability; and deferment or local agencies, consumer reporting information. agencies, contractors and hearing CONTESTING RECORD PROCEDURES: officials. If you wish to contest the content of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (d) To enforce the conditions or terms a record regarding you in the system of Higher Education Act of 1965, Titles of the loan, disclosures may be made to records, contact the system manager. IV–A, IV–B, IV–D, and IV–E, as guaranty agencies, educational and Your request must meet the amended (20 U.S.C. 1070–1070a–6, financial agencies or institutions, requirements of the regulations at 34 1070b–1070b–3, 1071–1087–2, 1087a, Federal, State or local agencies, private CFR 5b.7. 1087aa–hh). parties such as relatives, present and

VerDate 06-MAY-99 17:36 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4701 Sfmt 4703 E:\FR\FM\04JNN2.XXX pfrm01 PsN: 04JNN2 30164 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices former employers and creditors, (l) To locate an individual who owes consumer reporting agencies, business and personal associates, a refund on a grant, disclosures may be contractors and hearing officials. consumer reporting agencies, made to educational and financial (s) To determine last known address, contractors and hearing officials. agencies or institutions, Federal, State disclosures may be made to guaranty (e) To enforce the conditions or terms or local agencies, private parties such as agencies, educational and financial of the grant, disclosures may be made to relatives, present and former employers agencies or institutions, Federal, State educational and financial agencies or and creditors, business and personal or local agencies, private parties such as institutions, Federal, State or local associates, consumer reporting agencies, relatives, present and former employers agencies, private parties such as contractors and hearing officials. and creditors, business and personal relatives, present and former employers (m) To issue collection letters to associates, consumer reporting agencies, and creditors, business and personal defaulted borrowers, disclosures may be contractors and hearing officials. associates, consumer reporting agencies, made to guaranty agencies, educational (t) To conduct a salary offset hearing contractors and hearing officials. and financial agencies or institutions, under 34 CFR Part 31, disclosures may (f) To permit servicing, collecting or Federal, State or local agencies, private be made to Federal agencies, contractors accepting the loan, disclosures may be parties such as relatives, present and and hearing officials. made to guaranty agencies, educational former employers and creditors, (u) To prepare for litigation or to and financial agencies or institutions, business and personal associates, litigate collection service and audit, Federal, State or local agencies, private consumer reporting agencies, disclosures may be made to guaranty parties such as relatives, present and contractors and hearing officials. agencies, Federal, State or local former employers and creditors, (n) To issue collection letters to an agencies, contractors and hearing business and personal associates, individual who owes a refund on a officials. (v) To initiate a limitation, suspension consumer reporting agencies, grant, disclosures may be made to and termination (LS&T) or debarment or contractors and hearing officials. educational and financial agencies or (g) To permit collecting overpayment suspension action, disclosures may be institutions, Federal, State or local on grants, disclosures may be made to, made to guaranty agencies, educational agencies, private parties such as educational and financial agencies or and financial agencies or institutions relatives, present and former employers institutions, Federal, State or local and hearing officials. agencies, private parties such as and creditors, business and personal (w) To ensure Title IV requirements relatives, present and former employers associates, consumer reporting agencies, are met by schools, lenders and and creditors, business and personal contractors and hearing officials. guaranty agencies, disclosures may be associates, consumer reporting agencies, (o) To locate a missing borrower, made to guaranty agencies, educational contractors and hearing officials. disclosures may be made to guaranty and financial agencies or institutions, (h) To counsel the borrower in agencies, educational and financial Federal, State or local agencies, and repayment efforts, disclosures may be agencies or institutions, Federal, State hearing officials. made to guaranty agencies, educational or local agencies, private parties such as (x) To verify death, disclosures may and financial agencies or institutions, relatives, present and former employers be made to guaranty agencies, contractors and Federal, State or local and creditors, business and personal educational and financial agencies or agencies. associates, consumer reporting agencies, institutions, private parties such as (i) To investigate possible fraud and contractors and hearing officials. relatives, present and former employers verify compliance with loan program (p) To locate a missing individual and creditors, business and personal regulations, disclosures may be made to who owes a refund on a grant, associates, consumer reporting agencies, guaranty agencies, educational and disclosures may be made to educational contractors and Federal, State or local financial agencies or institutions, and financial agencies or institutions, agencies. Federal, State or local agencies, private Federal, State or local agencies, private (y) To conduct credit checks, parties such as relatives, present and parties such as relatives, present and disclosures may be made to guaranty former employers and creditors, former employers and creditors, agencies, educational and financial business and personal associates, business and personal associates, agencies or institutions, private parties consumer reporting agencies, consumer reporting agencies, such as relatives, present and former contractors and hearing officials. contractors and hearing officials. employers and creditors, business and (j) To investigate possible fraud and (q) To collect in-file history personal associates, consumer reporting verify compliance with grant program information and to determine assets and agencies, contractors and Federal, State regulations, disclosures may be made to ability to pay a loan debt, disclosures or local agencies. educational and financial agencies or may be made to guaranty agencies, (z) To investigate complaints, update institutions, Federal, State or local educational and financial agencies or files, and correct errors, disclosures may agencies, private parties such as institutions, Federal, State or local be made to guaranty agencies, relatives, present and former employers agencies, private parties such as educational and financial agencies or and creditors, business and personal relatives, present and former employers institutions, Federal, State or local associates, consumer reporting agencies, and creditors, business and personal agencies, private parties such as contractors and hearing officials. associates, consumer reporting agencies, relatives, present and former employers (k) To locate a delinquent or defaulted contractors and hearing officials. and creditors, business and personal borrower, disclosures may be made to (r) To collect in-file history associates, consumer reporting agencies, guaranty agencies, educational and information and to determine assets and contractors and hearing officials. financial agencies or institutions, ability to refund an overpayment, (2) Feasibility Study Disclosure. Any Federal, State or local agencies, private disclosures may be made to educational information from this system of records parties such as relatives, present and and financial agencies or institutions, may be disclosed to other Federal former employers and creditors, Federal, State or local agencies, private agencies and to guaranty agencies to business and personal associates, parties such as relatives, present and determine whether computer matching consumer reporting agencies, former employers and creditors, programs should be conducted by the contractors and hearing officials. business and personal associates, Department regarding an individual’s

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If the Department will disclose personal disclosures may be to determine Department determines that disclosure records relevant to the organization’s program eligibility and benefits, of certain records to an adjudicative mission, records in this system of facilitate default reduction efforts, body before which the Department is records may be disclosed as a routine enforce the conditions and terms of a authorized to appear, an individual or use to such an organization. loan or grant, permit the servicing and entity designated by the Department or (8) Contract Disclosure. When the collecting of the loan or grant, enforce otherwise empowered to resolve or Department contemplates that it will debarment, suspension, and mediate disputes is relevant and contract with a private firm for the exclusionary actions, counsel the necessary to the administrative purpose of collating, analyzing, individual in repayment efforts, litigation, the Department may disclose aggregating, or otherwise refining investigate possible fraud and verify those records as a routine use to the records or performing any other compliance with program regulations, adjudicative body, individual, or entity. function with respect to the records in locate a delinquent or defaulted debtor, (d) Parties, counsels, representatives this system, relevant records will be and initiate legal action against an and witnesses. If the Department disclosed to such a contractor. The individual involved in program fraud or determines that disclosure of certain contractor shall be required to maintain abuse. records to a party, counsel, Privacy Act Safeguards with respect to (3) Enforcement Disclosure. In the representative or witness in an such records. event that information in this system of administrative proceeding is relevant (9) Disclosure to the Department of records indicates, either on its face or in and necessary to the litigation, the Justice. The Department may disclose connection with other information, a Department may disclose those records information from this system of records violation or potential violation of any as a routine use to the party, counsel, as a routine use to the Department of applicable statute, regulation, or order representative or witness. Justice to the extent necessary for of a competent authority, the relevant (5) Employment, Benefit, and obtaining its advice on any matter records in the system of records may be Contracting Disclosure. relevant to an audit, inspection, or other referred, as a routine use, to the (a) For Decisions by the Department. inquiry related to the Department’s appropriate agency, whether foreign, The Department may disclose a record responsibilities under Title IV of the Federal, State, or local, charged with the from this system of records as a routine Higher Education Act of 1965. responsibility of investigating or use to a Federal, State, or local agency (10) Research Disclosure. When the prosecuting such violation or charged maintaining civil, criminal, or other appropriate official of the Department with enforcing or implementing the relevant enforcement or other pertinent determines that an individual or statute, or executive order or rule, records, such as current licenses, if the organization is qualified to carry out regulation, or order issued pursuant disclosure is necessary to obtain a specific research, that official may thereto if the information is relevant to record the Department believes may be disclose information from this system of any enforcement, regulatory, relevant to a Department decision records to that researcher solely for the investigative, or prosecutive concerning the hiring, retention of, or purpose of carrying out that research. responsibility of the receiving entity. any personnel action concerning an The researcher shall be required to (4) Litigation and Alternative Dispute employee, the issuance of a security maintain Privacy Act Safeguards with Resolution (ADR) Disclosures. clearance, the letting of a contract, or respect to such records. (a) Introduction. In the event that one the issuance of a license, grant, or other (11) Computer Matching Disclosure. of the parties listed below is involved in benefit. Any information from this system of litigation or ADR, or has an interest in (b) For Decisions by Other Public records, including personal information litigation ADR, the Department may Agencies and Professional Licensing obtained from other agencies through disclose certain records to the parties Organizations. The Department may computer matching programs, may be described in paragraphs (b), (c) and (d) disclose information from this system of disclosed to any third party through a of this routine use under the conditions records as a routine use to a Federal, computer matching program in specified in those paragraphs: State, local, or foreign agency or other connection with an individual’s (i) The Department of Education, or public authority or professional application for, or participation in, any any component of the Department; or licensing organization, in connection grant or loan program administered by (ii) Any Department employee in his with the hiring or retention of an the Department. The purposes of these or her official capacity; or employee, the issuance of a security disclosures may be to determine (iii) Any Department employee in his clearance, the reporting of an program eligibility and benefits, enforce or her individual capacity if the investigation of an employee, the letting the condition and terms of a loan or Department of Justice (DOJ) has agreed of a contract, or the issuance of a grant, permit the servicing and to provide or arrange for representation license, grant, or other benefit. collecting of the loan or grant, prosecute for the employee; (6) Employee Grievance, Complaint or or enforce debarment, suspension, and (iv) Any Department employee in his Conduct Disclosure. If a record exclusionary actions, counsel the or her individual capacity where the maintained in this system of records is individual in repayment efforts, agency has agreed to represent the relevant to an employee grievance or investigate possible fraud and verify employee; or complaint or employee discipline or compliance with program regulations, (v) The United States where the competence determination proceedings locate a delinquent or defaulted debtor, Department determines that the of another party of the Federal and initiate legal action against an litigation is likely to affect the Government, the Department may individual involved in program fraud or Department or any of its components. disclose the record as a routine use in abuse. (b) Disclosure to the DOJ. If the the course of the proceedings. Among other disclosures, this routine Department determines that disclosure (7) Labor Organization Disclosure. use authorizes disclosure to any other of certain records to the DOJ is relevant Where a contract between a component Federal agency, including the Defense and necessary to litigation or ADR, the of the Department and a labor Manpower Data Center, Department of

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Defense, for the purposes of identifying under the Federal Direct Student Loan Notification Procedure. Requests by an and locating individuals who are Program, FISL Program, Federal Perkins individual for access to a record must delinquent in their repayment of debts Loan (formerly National Direct Student meet the requirements of the regulations owed to the U.S. Government under Loan) Program, Federal Pell Grant at 34 CFR 5b.5, including proof of Title IV, HEA programs of the Program, and some FFELs are identity. Department, in order to collect the debts retrievable by Social Security number. CONTESTING RECORD PROCEDURES: under the provisions of the Debt SAFEGUARDS: Collection Act of 1982 (including 31 If you wish to change the content of U.S.C. Chapter 37 and 5 U.S.C. 5514) All physical access to the Department a record in the system of records, and 31 CFR Part 31 by voluntary of Education site, and the sites of contact the system manager with the repayment or by administrative or salary Department contractors where this information described in the offset. system of records is maintained, is Notification Procedure, identify the (13) Freedom of Information Act controlled and monitored by security specific items to be changed, and (FOIA) Advice Disclosure. In the event personnel who check each individual provide a written justification for the that the Department deems it desirable entering the building for his or her change. Requests to amend a record or necessary, in determining whether employee or visitor badge. must meet the requirements of the particular records are required to be The computer system employed by regulations at 34 CFR 5b.7. the Department of Education offers a disclosed under the Freedom of RECORD SOURCE CATEGORIES: Information Act, disclosure may be high degree of resistance to tampering and circumvention. This security Information is obtained from reports made to the Department of Justice or the from borrowers and their families, Office of Management and Budget for system limits data access to Department of Education and contract staff on a lenders, schools, examining or treating the purpose of obtaining their advice. physicians, employers, credit agencies, (14) Congressional Member ‘‘need-to-know’’ basis, and controls individual users’ ability to access and Federal and State governmental Disclosure. The Department may agencies, and State or private nonprofit disclose information contained in a alter records within the system. All users of this system of records are given guaranty agencies. However, lenders record in this system of records under and guaranty agencies are not a source the routine uses listed in this system of a unique user ID with personal identifiers. All interactions by of information for participants in the records without the consent of the Federal Direct Student Loan Program, individual if the disclosure is individual users with the system are recorded. since the Department maintains compatible with the purposes for the individual records of borrowers for this which the record was collected. The RETENTION AND DISPOSAL: program. member’s right to the information is no Records of individual loans may be greater than the right of the individual destroyed five years after cancellation, SYSTEM EXEMPTED FROM CERTAIN PROVISIONS who requested it. forgiveness or final repayment of the OF THE ACT: None. DISCLOSURE TO CONSUMER REPORTING loan. Records of Federal Supplemental AGENCIES: Educational Opportunity Grant 18±11±07 Disclosures pursuant to 5 U.S.C. recipients may be destroyed five years SYSTEM NAME: 552a(b)(12): The Department may after the fiscal operations report is filed. disclose to a consumer reporting agency Records of Federal Pell Grant recipients Student Financial Assistance information regarding a claim which is may be destroyed five years after the Collection Files. initial award year has ended, as set forth determined to be valid and overdue as SECURITY CLASSIFICATION: in appropriate record retention follows: (1) The name, address, social None. security number, and other information schedules. necessary to establish the identity of the SYSTEM MANAGER(S) AND ADDRESS: SYSTEM LOCATIONS: individual responsible for the claim; (2) Director, Program Systems Service, Program Systems Support, Office of the amount, status, and history of the Office of Student Financial Assistance Student Financial Assistance Programs, claim; and (3) the program under which Programs, U.S. Department of U.S. Department of Education, Seventh the claim arose. The Department may Education, 400 Maryland Avenue, SW., and D Streets, SW., Room 4640, ROB-3, disclose the information specified in Room 4640, ROB–3, Washington, DC Washington, DC 20202–5258. See the this paragraph under 5 U.S.C. 20202–5258. Appendix to this system notice for 552a(b)(12) and the procedures additional system locations. contained in 31 U.S.C. 3711(f). A NOTIFICATION PROCEDURE: consumer reporting agency to which If you wish to determine whether a CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: these disclosures may be made is record exists regarding you in the defined at 15 U.S.C. 1681a(f) and 31 system of records, you should provide This system contains records on those U.S.C. 3701(a)(3). to the system manager your name, date individuals who have student loans of birth, Social Security number, and made under the Federal Family POLICIES AND PRACTICES FOR STORING, the name of the school or lender from Education Loan (FFEL) Program: RETRIEVING, ACCESSING, RETAINING, AND Stafford Loans (formerly the Guaranteed DISPOSING OF RECORDS IN THE SYSTEM: which the loan or grant was obtained. Your request must meet the Student Loan Program (GSL), including STORAGE: requirements of the regulations at 34 Federally Insured Student Loans The records are maintained in either CFR 5b.5, including proof of identity. (FISL)), Supplemental Loans for hard copy, microfilm, magnetic tape, or Students (SLS), PLUS Loans (formerly other electronic media. RECORD ACCESS PROCEDURES: Parental Loans for Undergraduate If you wish to gain access to a record Students), and Consolidation Loans; the RETRIEVABILITY: in this system, you should contact the William D. Ford Federal Direct Student The file is indexed by Social Security system manager and provide Loan (Direct Loan) Program (formerly number or name. Data for loans made information as described in the known as the Stafford/Ford Loan

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Program (SFLP), Federal Direct disclosure is compatible with the compliance with program regulations, Unsubsidized Stafford/Ford Loan purposes for which the record was locate a delinquent or defaulted debtor, Program, Federal Direct Consolidation collected. These disclosures may be and initiate legal action against an Loan, and Federal Direct Plus Loans; made on a case-by-case basis or, if the individual involved in program fraud or and Federal Perkins Loans (formerly Department has complied with the abuse. National Direct/Defense Student Loans computer matching requirements of the (3) Disclosure for Use by Other Law (NDSL)) and those who are awarded Act, under a computer matching Enforcement Agencies. The Department grants under the Pell Grant Program and agreement. may disclose information to any the Supplemental Education (1) Program Disclosures. The Federal, State, local, or foreign agency Opportunity Grant Program (SEOG). Department may disclose information or other public authority responsible for from this system to Federal, State, or enforcing, investigating, or prosecuting CATEGORIES OF RECORDS IN THE SYSTEM: local agencies, private parties such as violations of administrative, civil, or This system contains records relatives, present and former employers criminal law or regulation if that regarding an applicant’s demographic and creditors, business and personal information is relevant to any background; loan, repayment history; associates, guaranty agencies, enforcement, regulatory, investigative, and educational status; family income; educational and financial agencies or or prosecutive responsibility within the social security number; address and institutions, consumer reporting receiving entity’s jurisdiction. telephone numbers; employment agencies, contractors and hearing (4) Enforcement Disclosure. In the information on borrowers and co- officials for the following purposes: (1) event that information in this system of signers; collection activity on accounts; To verify the identity of the applicant; records indicates, either on its face or in default claim number; amount of claim; (2) to determine program eligibility and connection with other information, a information pertaining to locating a benefits; (3) to facilitate default violation or potential violation of any borrower; collection and repayment reduction efforts by program applicable statute, regulation, or order obligation; forbearance; cancellation; participants; (4) to enforce the of a competent authority, the disability; deferment; administrative conditions or terms of the loan; (5) to Department may disclose the relevant wage garnishment; bankruptcy, death; permit servicing, collecting, or records to the appropriate agency, close school discharge; hearings; accepting the loan; (6) to counsel the whether foreign, Federal, State, Tribal, photocopy of all promissory notes; borrower in repayment efforts; (7) to or local, charged with the responsibility account collection records; and investigate possible fraud and verify of investigating or prosecuting that administrative resolutions and compliance with program regulations; violation or charged with enforcing or litigations. (8) to locate a delinquent or defaulted implementing the statute, executive borrower; (9) to issue collection letters; AUTHORITY FOR MAINTENANCE OF THE SYSTEM: order, rule, regulation, or order issued (10) to locate a missing borrower; (11) to Higher Education Act of 1965, Titles pursuant thereto. collect in-file history information to (5) Litigation and Alternative Dispute IV–A, IV–B, IV–D, and IV–E, as determine assets and ability to pay; (12) amended, (20 U.S.C. 1070–1070a–6, Resolution (ADR) Disclosures. to determine last known address; (13) to (a) Introduction. In the event that one 1070b–1070b–3, 1071–1087–2, 1087a, conduct a salary offset hearing under 34 of the parties listed below is involved in and 1087aa–hh). CFR part 31; (14) to prepare for litigation or ADR, or has an interest in PURPOSE(S): litigation or to litigate collection service litigation ADR, the Department may The information contained in the and audit; (15) to initiate a limitation, disclose certain records to the parties records maintained in this system is suspension, and termination (LS&T) or described in paragraphs (b), (c) and (d) used for the purposes of determining debarment or suspension action; (16) to of this routine use under the conditions program eligibility and benefits, ensure Title IV requirements are met by specified in those paragraphs: verifying the identity of the individual, schools, lenders, and guaranty agencies; (i) The Department of Education, or enforcing the conditions and terms of (17) to verify death; (18) to conduct any component of the Department; or the loan or grant, permitting the credit checks; and (19) to investigate (ii) Any Department employee in his servicing and collecting of the loan or complaints, update files, and correct or her official capacity; or grant, counseling the individual in errors. (iii) Any Department employee in his repayment efforts, investigating possible (2) Feasibility Study Disclosure. The or her individual capacity if the fraud and verifying compliance with Department may disclose information Department of Justice (DOJ) has agreed program regulations, locating a from this system of records to other to provide or arrange for representation delinquent or defaulted debtor or Federal agencies and to guaranty for the employee; agencies to determine whether locating a recipient owing an (iv) Any Department employee in his computer matching programs should be overpayment on a grant, initiating legal or her individual capacity where the conducted by the Department regarding action against an individual involved in agency has agreed to represent the an individual’s application for or program fraud, abuse, or employee; or participation in any grant or loan (v) The United States where the noncompliance, and enforcing Title IV program administered by the Department determines that the requirements against schools, lenders, Department. Purposes of these litigation is likely to affect the and guaranty agencies. disclosures may be to determine Department or any of its components. ROUTINE USES OF RECORDS MAINTAINED IN THE program eligibility and benefits, (b) Disclosure to the DOJ. If the SYSTEM, INCLUDING CATEGORIES OF USERS AND facilitate default reduction efforts, Department determines that disclosure THE PURPOSES OF SUCH USES: enforce the conditions and terms of a of certain records to the DOJ is relevant The Department of Education loan or grant, permit the servicing and and necessary to litigation or ADR, the (Department) may disclose information collecting of the loan or grant, enforce Department may disclose those records contained in a record in this system of debarment, suspension, and as a routine use to the DOJ. records under the routine uses listed in exclusionary actions, counsel the (c) Administrative Disclosures. If the this system of records without the individual in repayment efforts, Department determines that disclosure consent of the individual if the investigate possible fraud and verify of certain records to an adjudicative

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00063 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.094 pfrm02 PsN: 04JNN2 30168 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices body before which the Department is Chapter 71, provides that the name, address, taxpayer identification authorized to appear, an individual or Department will disclose personal number and other information necessary entity designated by the Department or records relevant to the organization’s to establish the identity of the otherwise empowered to resolve or mission. The disclosures will be made individual responsible for the claim; (2) mediate disputes is relevant and only as authorized by law. the amount, status, and history of the necessary to the administrative (9) Freedom of Information Act claim; and (3) the program under which litigation, the Department may disclose (FOIA) Advice Disclosure. The the claim arose. The Department may those records as a routine use to the Department may disclose records to the disclose the information specified in adjudicative body, individual, or entity. Department of Justice and the Office of this paragraph under 5 U.S.C. (d) Parties, counsels, representatives Management and Budget if the 552a(b)(12) and the procedures and witnesses. If the Department Department concludes that disclosure is contained in subsection 31 U.S.C. determines that disclosure of certain desirable or necessary in determining 3711(e). A consumer reporting agency to records to a party, counsel, whether particular records are required which these disclosures may be made is representative or witness in an to be disclosed under the FOIA. defined at 31 U.S.C. 3701(a)(3). administrative proceeding is relevant (10) Disclosure to the Department of and necessary to the litigation, the Justice (DOJ). The Department may POLICIES AND PRACTICES FOR STORING, Department may disclose those records disclose records to the DOJ to the extent RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: as a routine use to the party, counsel, necessary for obtaining DOJ advice on representative or witness. any matter relevant to an audit, STORAGE: (6) Employment, Benefit, and inspection, or other inquiry related to The records are maintained in either Contracting Disclosure. the programs covered by this system. hardcopy, microfilm, magnetic tape, or (a) For Decisions by the Department. (11) Contract Disclosure. If the other electronic media. The Department may disclose a record Department contracts with an entity for to a Federal, State, or local agency the purposes of performing any function RETRIEVABILITY: maintaining civil, criminal, or other that requires disclosure of records in Records are retrievable by Social relevant enforcement or other pertinent this system to employees of the Security number. records, or to another public authority contractor, the Department may disclose or professional organization, if the records to those employees. Before SAFEGUARDS: necessary to obtain information relevant entering into such a contract, the All physical access to the to a Department decision concerning the Department shall require the contractor Department’s site, and the sites of hiring or retention of an employee or to maintain Privacy Act safeguards as Department contractors where this other personnel action, the issuance of required under 5 U.S.C. 552a(m) with system of records is maintained, is a security clearance, the letting of a respect to the records in the system. controlled and monitored by security contract, or the issuance of a license, (12) Research Disclosure. The personnel who check each individual grant, or other benefit. Department may disclose records to a entering the building for his or her (b) For Decisions by Other Public researcher if an appropriate official of employee or visitor badge. Agencies and Professional the Department determines that the The computer system utilized by the Organizations. The Department may individual or organization to which the Department offers a high degree of disclose a record to a Federal, State, disclosure would be made is qualified to resistance to tampering and local, or foreign agency or other public carry out specific research related to circumvention. This security system authority or professional organization, functions or purposes of this system of limits data access to the Department and in connection with the hiring or records. The official may disclose contract staff on a ‘‘need-to-know’’ retention of an employee or other records from this system of records to basis, and controls individual users’ personnel action, the issuance of a that researcher solely for the purpose of ability to access and alter records within security clearance, the reporting of an carrying out that research related to the the system. All users of this system of investigation of an employee, the letting functions or purposes of this system of records are given a unique user ID with of a contract, or the issuance of a records. The researcher shall be personal identifiers. All interactions by license, grant, or other benefit, to the required to maintain Privacy Act individual users with the system are extent that the record is relevant and safeguards with respect to the disclosed recorded. necessary to the receiving entity’s records. RETENTION AND DISPOSAL: decision on the matter. (13) Congressional Member (7) Employee Grievance, Complaint or Disclosure. The Department may Records of individual loans may be Conduct Disclosure. The Department disclose records to a member of destroyed five (5) years after may disclose a record in this system of Congress from the record of an cancellation, forgiveness or final records to another agency of the Federal individual in response to an inquiry repayment of the loan. Records of Government if the record is relevant to from the member made at the written Federal Supplemental Educational one of the following proceedings request of that individual. The Opportunity Grant (SEOG) recipients regarding a present or former employee Member’s right to the information is no may be destroyed five (5) years after the of the Department: complaint, greater than the right of the individual fiscal operations report is filed. Records grievance, discipline or competence who requested it. of Federal Pell Grant recipients may be determination proceedings. The destroyed five (5) years after the initial disclosure may only be made during the DISCLOSURE TO CONSUMER REPORTING award year has ended, as set forth in course of the proceeding. AGENCIES: appropriate record retention schedules. (8) Labor Organization Disclosure. A Disclosures pursuant to 5 U.S.C. component of the Department may 552a(b)(12): The Department may SYSTEM MANAGER(S) AND ADDRESS: disclose records to a labor organization disclose to a consumer reporting agency Director, Program Systems Support, if a contract between the component information regarding a claim by the Office of Student Financial Assistance and a labor organization recognized Department which is determined to be Programs, U.S. Department of under Title V of the United States Code, valid and overdue as follows: (1) The Education, 400 Maryland Avenue, SW.,

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Room 4640, ROB–3, Washington, DC of Student Financial Assistance, 50 United customer service concerning their 20202–5258. See the Appendix at the Nations Plaza, Room 250, San Francisco, Federal student financial assistance end of this system notice for additional California 94102. (loans and grants) from various system managers. 18±11±08 programs and sources; NOTIFICATION PROCEDURE: (2) Providing eligible institutions of SYSTEM NAME: higher education with a standardized If you wish to determine whether a Student Account Manager System. record exists regarding you in the method for the receipt of Title IV system of records, provide the system SECURITY CLASSIFICATION: student financial assistance; and manager with your name, date of birth None. (3) Creating summary reports for Federal loan and grant funding sources and Social Security number. Requests SYSTEM LOCATION(S): must meet the requirements of the and program offices for loans and grants Program Systems Service, Office of regulations at 34 CFR 5b.5. delivered through the Student Account Student Financial Assistance Programs, Manager. RECORD ACCESS PROCEDURES: U.S. Department of Education, Seventh If you wish to gain access to a record and D Streets, SW., Room 4640, ROB– ROUTINE USES OF RECORDS MAINTAINED IN THE in this system, contact the system 3, Washington, DC 20202. National SYSTEM, INCLUDING CATEGORIES OF USERS AND manager and provide information as Computer Systems, 2510 North Dodge THE PURPOSES OF SUCH USES: described in the notification procedure. Street, Iowa City, Iowa 52240. The Department of Education Requests by an individual for access to Total Systems Services, Inc, 6101 (Department) may disclose information a record must meet the requirements of Stone Mill Drive, Columbus, GA; contained in a record in this system of the regulations at 34 CFR 5b.5. Golden Retriever System, 8 N. Roosevelt records under the routine uses listed in Avenue, Chandler, AZ 85221. CONTESTING RECORD PROCEDURES: this system of records without the If you wish to change the content of CATEGORIES OF INDIVIDUALS COVERED BY THE consent of the individual if the a record in the system of records, SYSTEM: disclosure is compatible with the contact the system manager with the The Student Account Manager System purposes for which the record was information described in the contains student financial assistance collected. These disclosures may be notification procedure, identify the records about students and/or borrowers made on a case-by-case basis or, if the specific items to be changed, and both who have applied for loans under Department has complied with the provide a written justification for the any Title IV Federal loan program and computer matching requirements of the change. Requests to amend a record students who have applied for grants Act, under a computer matching must meet the requirements of the under any Title IV Federal grant agreement. regulations at 34 CFR 5b.7. program. (1) Program purposes. Records may be disclosed for the following program CATEGORIES OF RECORDS IN THE SYSTEM: RECORD SOURCE CATEGORIES: purposes: The Student Account Manager System Information is obtained from reports (a) To report disbursement activity, from borrowers and their families, contains records relating to a student and/or borrower’s originated awards disclosures may be made to appropriate lenders, schools, examining or treating guaranty agencies, educational and physicians, employers, credit agencies, and disbursements of Title IV financial assistance. The system contains three financial institutions, and Federal Federal and State governmental agencies. agencies, and State or private nonprofit data element types as outlined below: guaranty agencies. However, lenders demographic information, such as (b) To deliver Federal student and guaranty agencies are not a source student and/or borrower name, mailing assistance funds to the educational of information for participants in the and permanent address, e-mail address, institution at which the student is Federal Direct Student Loan Program, current and original Social Security enrolled, disclosures may be made to since the Department maintains number, phone number, date of birth, that educational institution. individual records of borrowers for this student account number; loan and grant (2) Disclosure for Use by Other Law program. funding and award information, Enforcement Agencies. The Department including the Title IV code for the may disclose information to any SYSTEM EXEMPTED FROM CERTAIN PROVISIONS school(s) for which students and/or Federal, State, local, or foreign agency OF THE ACT: borrowers have requested or other public authority responsible for None. determinations of Federal financial enforcing, investigating, or prosecuting Appendix to 18-11-07 assistance eligibility, the origination violations of administrative, civil, or criminal law or regulation if that Additional System Managers and System date and I.D., the funding source I.D., Locations loan holder, credit limit or award information is relevant to any amount; loan and grant transaction enforcement, regulatory, investigative, Raytheon/E-Systems, 6201 I-30, Greenville, or prosecutive responsibility within the TX 75402. Assistant Regional information, including the transaction Administrator, U.S. Department of date, posting date, disbursement receiving entity’s jurisdiction. Education, Region IV, Division of Claims amount, acceptance/rejection field, (3) Enforcement disclosures. In the and Collections, Office of Student batch number. event that information in this system of Financial Assistance, 61 Forsyth Street, records indicates, either on its face or in AUTHORITY FOR MAINTENANCE OF THE SYSTEM: SW., Rm. 19T89, Atlanta, GA 30303. connection with other information, a Assistant Regional Administrator, U.S. Higher Education Act of 1965, Title violation or potential violation of any Department of Education, Region V, IV–A through IV–H, as amended, (20 applicable statute, regulation, or order Division of Claims and Collections, U.S.C. 1092b). of a competent authority, the Office of Student Financial Assistance, PURPOSE(S): 111 North Canal Street, Suite 1009, Department may disclose the relevant Chicago, Illinois 60605. This system of records is provided for records to the appropriate agency, Assistant Regional Administrator, U.S. the purposes of: whether foreign, Federal, State, Tribal, Department of Education, Region IX, (1) Giving students a single point of or local, charged with the responsibility Division of Claims and Collections, Office contact for information, statements, and of investigating

VerDate 06-MAY-99 17:36 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4701 Sfmt 4703 E:\FR\FM\04JNN2.XXX pfrm01 PsN: 04JNN2 30170 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices or prosecuting that violation or charged or professional organization, if the records to those employees. Before with enforcing or implementing the necessary to obtain information relevant entering into such a contract, the statute, or executive order, rule, to a Department decision concerning the Department shall require the contractor regulation, or order issued pursuant hiring or retention of an employee or to maintain Privacy Act safeguards as thereto. other personnel action, the issuance of required under 5 U.S.C. 552a(m) with (4) Litigation disclosure and a security clearance, the letting of a respect to the records in the system. Alternative Dispute Resolution (ADR) contract, or the issuance of a license, (11) Research Disclosure. The Disclosures. grant, or other benefit. Department may disclose records to a (a) Introduction. In the event that one (b) For Decisions by Other Public researcher if an appropriate official of of the parties listed below is involved in Agencies and Professional the Department determines that the litigation or ADR, or has an interest in Organizations. The Department may individual or organization to which the litigation or ADR, the Department may disclose a record to a Federal, State, disclosure would be made is qualified to disclose certain records to the parties local, or foreign agency or other public carry out specific research related to described in paragraphs (b), (c), and (d) authority or professional organization, functions or purposes of this system of of this routine use under the conditions in connection with the hiring or records. The official may disclose specified in those paragraphs: retention of an employee or other records from this system of records to (i) The Department of Education, or personnel action, the issuance of a that researcher solely for the purpose of any component of the Department; or security clearance, the reporting of an carrying out that research related to the (ii) Any Department employee in his investigation of an employee, the letting functions or purposes of this system of or her official capacity; or of a contract, or the issuance of a records. The researcher shall be (iii) Any Department employee in his license, grant, or other benefit, to the required to maintain Privacy Act or her individual capacity if the extent that the record is relevant and safeguards with respect to the disclosed Department of Justice (DOJ) has agreed necessary to the receiving entity’s records. to provide or arrange for representation decision on the matter. (12) Congressional member for the employee; or (6) Employee Grievance, Complaint, disclosure. The Department may (iv) Any Department employee in his or Conduct Disclosure. The Department disclose information to a member of or her individual capacity where the may disclose a record in this system of congress from the record of an agency has agreed to represent the records to another agency of the Federal individual in response to an inquiry employee; or Government if the record is relevant to from the member made at the written (v) The United States where the one of the following proceedings request of that individual. The Department determines that the regarding a present or former employee Member’s right to the information is no litigation is likely to affect the of the Department: Complaint, greater than the right of the individual Department or any of its components. grievance, discipline or competence who requested it. (b) Disclosure to the DOJ. If the determination proceedings. The (13) Disclosure to the Office of Department determines that disclosure disclosure may only be made during the Management and Budget (OMB) for of certain records to the DOJ is relevant course of the proceeding. Credit Reform Act (CRA) Support. The and necessary to litigation or ADR, the (7) Labor Organization Disclosure. A Department may disclose records to Department may disclose those records component of the Department may OMB as necessary to fulfill CRA as a routine use to the DOJ disclose records to a labor organization requirements. (c) Administrative disclosures. If the if a contract between the component Department determines that disclosure and a labor organization recognized DISCLOSURE TO CONSUMER REPORTING of certain records to an adjudicative under Title V of the United States Code, AGENCIES: body before which the Department is Chapter 71, provides that the Disclosures pursuant to 5 U.S.C. authorized to appear, an individual or Department will disclose personal 552a(b)(12): The Department may entity designated by the Department or records relevant to the organization’s disclose to a consumer reporting agency otherwise empowered to resolve or mission. The disclosures will be made information regarding a claim by the mediate disputes is relevant and only as authorized by law. Department which is determined to be necessary to the administrative (8) Freedom of Information Act valid and overdue as follows: (1) The litigation, the Department may disclose (FOIA) Advice Disclosure. The name, address, taxpayer identification those records as a routine use to the Department may disclose records to the number and other information necessary adjudicative body, individual, or entity. Department of Justice and the Office of to establish the identity of the (d) Parties, counsels, representatives Management and Budget if the individual responsible for the claim; (2) and witnesses. If the Department Department concludes that disclosure is the amount, status, and history of the determines that disclosure of certain desirable or necessary in determining claim; and (3) the program under which records to a party, counsel, whether particular records are required the claim arose. The Department may representative or witness in an to be disclosed under the FOIA. disclose the information specified in administrative proceeding is relevant (9) Disclosure to the Department of this paragraph under 5 U.S.C. and necessary to the litigation, the Justice (DOJ). The Department may 552a(b)(12) and the procedures Department may disclose those records disclose records to the DOJ to the extent contained in 31 U.S.C. 3711(e). A as a routine use to the party, counsel, necessary for obtaining DOJ advice on consumer reporting agency to which representative or witness. any matter relevant to an audit, these disclosures may be made is (5) Employment, Benefit, and inspection, or other inquiry related to defined at 31 U.S.C. 3701(a)(3). Contracting Disclosure. the programs covered by this system. (a) For Decisions by the Department. (10) Contract Disclosure. If the POLICIES AND PRACTICES FOR STORING, The Department may disclose a record Department contracts with an entity for RETRIEVING, ACCESSING, RETAINING, AND DISCLOSING OF RECORDS IN THE SYSTEM: to a Federal, State, or local agency the purposes of performing any function maintaining civil, criminal, or other that requires disclosure of records in STORAGE: relevant enforcement or other pertinent this system to employees of the The records at the National Computer records, or to another public authority contractor, the Department may disclose Systems (NCS) are maintained on the

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Individual records for Electronic Access Code.) sequel server database in Chandler, AZ unapproved Federal Pell Grant CONTESTING RECORD PROCEDURES: and backed up onto CD–ROM. applications will be transferred to a Federal Records Center 120 days after a If an individual wishes to change the RETRIEVABILITY: rejection or withdrawal, and may be contents of a record in the system of Each student and/or borrower’s file is destroyed three years after date of records, he or she may challenge a indexed by social security number and rejection or withdrawal (ED/RDS, Part transaction by contacting the system the first two characters of their last 10, Item 17(d)). Electronic Federal Pell manager by telephone or sending name. Grant records will be kept online and written notice to the Student Account Manager’s customer assistance area and SAFEGUARDS: easily available for 24 months after reconciliation with the funding source, providing the information described in All users of this system are given a then retained in accordance with ED/ the notification procedure, identifying unique user ID with a personal RDS, Part 10, Item 17. the specific item(s) to be changed, and identifier. Student and parent users are providing a written justification for the assigned an Electronic Access Code SYSTEM MANAGER(S) AND ADDRESS: change, including any supporting (EAC) through the Federal Student Aid Service Director, Program Systems documentation. Application Files Privacy Act system of Service, Office of Student Financial RECORD SOURCE CATEGORIES: records number 18–11–01 by which Assistance Programs, U.S. Department they can access their accounts. All of Education, 400 Maryland Avenue, Information is obtained from schools, physical access to the Department’s site, SW., ROB–3, Room 4640, Washington, lenders, guaranty agencies, students, and the sites of Department contractors DC 20202. borrowers, the Title IV Program Files where this system of records is (Privacy Act system of records number maintained, is controlled and monitored NOTIFICATION PROCEDURE: 18-11-05), the Federal Student Aid by security personnel who check each If an individual wishes to determine Application Files Privacy Act system of individual entering the building for his whether a record exists regarding him or records number 18-11-001), the Direct or her employee or visitor badge. her in this system of records, the Loan Origination Center, and the The computer system employed by individual may gain access to the Recipient Funds Management System the Department offers a high degree of system via the Internet or by contacting (RFMS). resistance to tampering and the system administrator through the circumvention. This security system Student Account Manager’s customer SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: limits data access to the Department, service e-mail address or toll-free agents of the Department (including telephone number. (To obtain access to None. schools and funding sources), and records by telephone, the student must 18-11-09 contract staff on a ‘‘need-to-know’’ first authorize telephone access through basis, and controls individual users’ the Student Account Manager’s website SYSTEM NAME: ability to access and alter records within using his or her Electronic Access Postsecondary Education Participants the system. All users of this system of Code.) The student must provide the System (PEPS). records are given a unique user ID with system manager with his or her name, SECURITY CLASSIFICATION: passwords. date of birth, Social Security number, and Electronic Access Code (EAC). None. RETENTION AND DISPOSAL: Requests for notification about an SYSTEM LOCATION: Federal Loan Records: The individual must meet the requirements Department will retain and dispose of Computer Sciences Corporation, 71 of the regulations at 34 CFR 5b.5, Deerfield Lane, Meriden, CT 06450. loan records in accordance with the including proof of identity. Individuals Department’s Records Disposition may also present their requests in CATEGORIES OF INDIVIDUALS COVERED BY THE Schedules (ED/RDS), Part 10, Item 16. person at any of the locations identified SYSTEM: Individual records (applications, for this system of records or address The PEPS contains records about certifications, disbursements, their requests to the system manager at owners (individuals, either solely or as correspondence, and related records) for the following address: Program Systems partners, and corporate entities), Federal loans may be destroyed three Service, Office of Student Financial officials, and authorized agents of years after cancellation, forgiveness or Assistance Programs, U.S. Department postsecondary institutions; members of final repayment of the Loan (ED/RDS, of Education, 400 Maryland Avenue, boards of directors or trustees of such Part 10, Item 16). Electronic Federal SW., ROB–3, Room 4640, Washington, institutions; employees of foreign loan records will be kept online and DC 20202. entities that evaluate the quality of easily available for 24 months after education; third-party servicers, reconciliation with the funding source, RECORD ACCESS PROCEDURES: including contact persons. then retained in accordance with ED/ If an individual wishes to gain access RDS, Part 10, Item 16. to a record in this system, he or she may CATEGORIES OF RECORDS IN THE SYSTEM: Federal Pell Grant Records: The do so via the Internet, by calling the toll The PEPS contains information Department will retain and dispose of free customer service phone number regarding the eligibility, administrative Pell Grant records in accordance with using a touch-tone telephone, or by capability, and financial responsibility ED/RDS, Part 10, Item 17. Records of contacting the system manager through of postsecondary schools that Federal Pell Grant recipients the Student Account Manager’s participate in the student financial aid

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In the event that one contract, or the issuance of a license, Higher Education Act of 1965, Title of the parties listed below is involved in grant, or other benefit. IV, as amended, (20 U.S.C. 1088, 1094, litigation or alternative dispute (b) For decisions by Other Public 1099c); the Debt Collection resolution (ADR), or has an interest in Agencies and Professional Improvement Act of 1996 (31 U.S.C. litigation or ADR, the Department may Organizations. The Department may 7701). disclose PEPS records to the parties disclose records to a Federal, State, local described in paragraphs (b), (c) and (d) or foreign agency or other public PURPOSE(S): of this routine use under the conditions authority or professional organization, The information contained in the specified in those paragraphs: in connection with the hiring or PEPS is used for the purposes of (i) The Department of Education, or retention of an employee or other determining initial and continuing any component of the Department; or personnel action, the issuance of a eligibility, administrative capability and (ii) Any Department employee in his security clearance, the letting of a financial responsibility of or her official capacity; or contract, or the issuance of a license, postsecondary schools that participate (iii) Any employee of the Department grant, or other benefit, to the extent that in the student financial assistance in his or her individual capacity where the record is relevant and necessary to programs, tracking school changes and the Department of Justice has agreed to the receiving entity’s decision on the maintaining history of this information provide or arrange for representation for matter. regarding schools that have ever applied the employee; or (5) Employee Grievance, Complaint or to participate or participated in these (iv) Any employee of the Department Conduct Disclosure. The Department programs and documenting any need for in his or her individual capacity where may disclose a record in PEPS to any protective or corrective action the agency has agreed to represent the another agency of the Federal against a school or individual associated employee; or government if the record is relevant to with the school. (v) The United States, where the a complaint, grievance, discipline or Department determines that the competence determination proceeding ROUTINE USES OF RECORDS MAINTAINED IN THE litigation is likely to affect the regarding a present or former employee SYSTEM, INCLUDING CATEGORIES OF USERS AND Department or any of its components. of the Department. The disclosure may THE PURPOSES OF SUCH USES: (b) Disclosure to the Department of only be made during the course of the The Department of Education Justice. If the Department determines proceeding. (Department) may disclose information that disclosure of certain records to the (6) Labor Organization Disclosure. contained in a record in this system of Department of Justice is relevant and The Department may disclose records to records without the consent of the necessary to litigation, the Department a labor organization if a contract individual if the disclosure is may disclose those records as a routine between the Department and a labor compatible with the purpose for which use to the Department of Justice. organization recognized under Title V of the record was collected and only as (c) Administrative Disclosures. If the the United States Code, Chapter 71, needed to achieve a program objective Department determines that disclosure provides that the Department will under the following routine uses: of certain records to an adjudicative disclose personal records relevant to the (1) Program Purposes. The body before which the Department is organization’s mission. The disclosures Department may disclose information authorized to appear, or to an individual will be made only as authorized by law. contained in the PEPS to appropriate or entity designated by the Department (7) Freedom of Information Act guaranty agencies, educational and or otherwise empowered to resolve or (FOIA) Advice Disclosure. The financial institutions, accrediting mediate disputes, is relevant and Department may disclose records to the agencies, State agencies, and necessary to the administrative Department of Justice and the Office of appropriate Federal, State, or local litigation, the Department may disclose Management and Budget if the agencies, in order to verify and assist those records as a routine use to that Department concludes that disclosure is with the determination of eligibility, adjudicative body, entity or individual. desirable or necessary in determining administrative capability, and financial (d) Opposing counsels, whether particular records are required responsibility of postsecondary representatives and witnesses. If the to be disclosed under the FOIA. institutions that have applied to Department determines that disclosure (8) Disclosure to the Department of participate in the student financial of certain records to an opposing Justice. The Department may disclose assistance programs. counsel, representative or witness in an records to the DOJ to the extent (2) Enforcement Disclosure. In the administrative proceeding is relevant necessary for obtaining DOJ advice on event that information in this system of and necessary to the litigation, the any matter relevant to an audit, records indicates, either on its face or in Department may disclose those records inspection, or other inquiry related to connection with other information, a as a routine use to the counsel, the programs covered by this system. violation or potential violation of any representative or witness. (9) Contract Disclosure. If the applicable statute, regulation, or order (4) Employment, Benefit and Department contracts with an entity for of a competent authority, the Contracting Disclosure. the purpose of performing any function Department may disclose the relevant (a) For decisions by the Department. that requires disclosure of records in records in the PEPS, as a routine use, to The Department may disclose records to this system to employees of the the appropriate agency, whether foreign, a Federal, State, or local agency contractor, the Department may disclose Federal, State, Tribal, or local, charged maintaining civil, criminal, or other the records to those employees. Before with the responsibility of investigating relevant enforcement or other pertinent entering into such a contract, the

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Department shall require the contractor RETRIEVABILITY: CONTESTING RECORD PROCEDURES: to maintain Privacy Act safeguards as The records are indexed by the name You may contest the content of a required under 5 U.S.C. 552a(m) with of the institution or organization, and record in PEPS pertaining to you by respect to the records in the system. may be retrieved by the OPEID of presenting to the system manager, either (10) Research Disclosure. The school, EIN (Entity Identification in writing or in person, a request to Department may disclose records to a Number) of the school or entity; or the amend or correct that information. The researcher if an appropriate official of name or TIN (Tax Identification Number request to amend, or for an appointment the Department determines that the or social security number) of the to present an oral request, must be made individual or organization to which the individual. in writing mailed to the system manager at the address provided above. The disclosure would be made is qualified to SAFEGUARDS: carry out specific research related to request must identify the particular All physical access to the Department functions or purposes of this system of record within the PEPS that you wish to of Education site, and the sites of records. The official may disclose have changed, state whether you wish to Department contractors where this records from this system of records to have the record amended, corrected or system of records is maintained, is that researcher solely for the purpose of deleted, and explain the reasons why controlled and monitored by security carrying out that research related to the you wish to have the record changed. personnel who check each individual functions or purposes of this system of entering the building for his or her RECORD SOURCE CATEGORIES: records. The researcher shall be employee or visitor badge. The required to maintain Privacy Act Information is obtained from computer system employed by the safeguards with respect to the disclosed applications submitted by institutions Department of Education offers a high records. and entities that seek to participate in degree of resistance to tampering and (11) Congressional Member the student financial assistance circumvention. This security system programs and from components of the Disclosure. The Department may limits data access to staff of the disclose records to a member of Department, from other Federal, State Department of Education, guarantors,. and non-governmental agencies and Congress from the record of an accrediting agencies, State agencies, and individual in response to an inquiry organizations that acquire information Department contractors on a ‘‘need-to- relevant to the purposes of the PEPS. from the member made at the written know’’ basis, and controls individual request of that individual. The users’ ability to access and alter records SYSTEM EXEMPTED FROM CERTAIN PROVISIONS member’s right to the information is no within the system. All users of this OF THE ACT: greater than the right of the individual system of records are given a unique None. who requested it. user ID with personal identifiers. All (12) Disclosure to the Office of interactions by individual users with 18±12±01 Management and Budget (OMB) for the system are recorded. SYSTEM NAME: Credit Reform Act (CRA) Support. The RETENTION AND DISPOSAL Title VI Foreign Language and Area Department may disclose records to : Studies Fellowships (FLAS). OMB as necessary to fulfill CRA History records are kept in PEPS requirements. indefinitely, or archived. Records are SECURITY CLASSIFICATION: maintained and destroyed in accordance None. DISCLOSURE TO CONSUMER REPORTING with the Department of Education AGENCIES: Records Disposition Schedules (ED/ SYSTEM LOCATION: Disclosures pursuant to 5 U.S.C. RDS). International Education and Graduate 552a(b)(12): The Department may SYSTEM MANAGER(S) AND ADDRESS: Programs Service, Office of disclose to a consumer reporting agency Director, Postsecondary Education Postsecondary Education, U.S. information regarding a claim by the Participants System, Office of Student Department of Education, 1250 Department which is determined to be Financial Assistance Programs, U.S. Maryland Avenue, SW, Room 600, valid and overdue as follows: (a) The Department of Education, Seventh and Portals Building, Washington, DC name, address, taxpayer identification D Streets, SW., Room 4629, ROB–3, 20202–5331. number and other information necessary Washington, DC 20202. AppNet, 103 W. Broad Street, Fifth to establish the identity of the Floor, Falls Church, VA 22046. individual responsible for the claim; (b) NOTIFICATION PROCEDURE: the amount, status, and history of the If you wish to determine whether a CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: claim; and (c) the program under which record exists regarding you in the PEPS, the claim arose. The Department may provide the system manager with your Graduate Students, who have been disclose the information specified in name and social security number. Your nominated for FLAS fellowships by this paragraph under 5 U.S.C. request must meet the requirements of grantee institutions of higher education. the regulations at 34 CFR 5b.5, 552a(b)(12) and the procedures CATEGORIES OF RECORDS IN THE SYSTEM: contained in subsection 31 U.S.C. including proof of identity. You may 3711(e). A consumer reporting agency to address your request, or present that The Title VI FLAS Records System which these disclosures may be made is request in person, to the system consists of a variety of records relating defined at 31 U.S.C. 3701(a)(3). manager at the address above. to an individual’s applications for, and participation in, the FLAS program. In RECORD ACCESS PROCEDURES: POLICIES AND PRACTICES FOR STORING, addition to the individual’s name, the RETRIEVING, ACCESSING, RETAINING, AND You may gain access to any record in system contains the participant’s DISPOSING OF RECORDS IN THE SYSTEM: the PEPS that pertain to you by grantee institution, degree status, award contacting the system manager and period, amount of the award, language STORAGE: following the procedures for notification of the award, title of language course The records are maintained on listed above and must meet the taken, major discipline, career goal, electronic data files on a server. requirements of 34 CFR 5b.5. foreign language proficiency self-

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.103 pfrm02 PsN: 04JNN2 30174 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices evaluation, and a brief description and implementing the statute, executive hiring or retention of an employee or evaluation of the study program. order, rule, regulation, or order issued other personnel action, the issuance of pursuant thereto. a security clearance, the letting of a AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (3) Litigation and Alternative Dispute contract, or the issuance of a license, The Higher Education Act of 1965, as Resolution (ADR) Disclosures. grant, or other benefit. amended, Part A, Title VI, Section (a) Introduction. In the event that one (b) For Decisions by Other Public 602(b). of the parties listed below is involved in Agencies and Professional litigation or ADR, or has an interest in Organizations. The Department may PURPOSE(S): litigation ADR, the Department may disclose a record to a Federal, State, The information contained in this disclose certain records to the parties local, or foreign agency or other public system is used to determine the described in paragraphs (b), (c) and (d) authority or professional organization, eligibility of nominees for FLAS of this routine use under the conditions in connection with the hiring or fellowships; to monitor compliance and specified in those paragraphs: retention of an employee or other accomplishments; and to use the data to (i) The Department of Education, or personnel action, the issuance of a demonstrate program effectiveness. any component of the Department; or security clearance, the reporting of an (ii) Any Department employee in his investigation of an employee, the letting ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND or her official capacity; or of a contract, or the issuance of a THE PURPOSE OF SUCH USES: (iii) Any Department employee in his license, grant, or other benefit, to the or her individual capacity if the extent that the record is relevant and The Department of Education Department of Justice (DOJ) has agreed necessary to the receiving entity’s (Department) may disclose information to provide or arrange for representation decision on the matter. contained in a record in this system of for the employee; (5) Employee Grievance, Complaint or records under the routine uses listed in (iv) Any Department employee in his Conduct Disclosure. The Department this system of records without the or her individual capacity where the may disclose a record in this system of consent of the individual if the agency has agreed to represent the records to another agency of the Federal disclosure is compatible with the employee; or Government if the record is relevant to purposes for which the record was (v) The United States where the one of the following proceedings collected. These disclosures may be Department determines that the regarding a present or former employee made on a case-by-case basis or, if the litigation is likely to affect the of the Department: complaint, Department has complied with the Department or any of its components. grievance, discipline or competence computer matching requirements of the (b) Disclosure to the DOJ. If the determination proceedings. The Act, under a computer matching Department determines that disclosure disclosure may only be made during the agreement. of certain records to the DOJ is relevant course of the proceeding. Department of Education personnel, and necessary to litigation or ADR, the (6) Labor Organization Disclosure. A field readers, and grantee institutions Department may disclose those records component of the Department may use the information to determine the as a routine use to the DOJ. disclose records to a labor organization eligibility of nominees and to monitor (c) Administrative Disclosures. If the if a contract between the component the progress of foreign language and Department determines that disclosure and a labor organization recognized area studies training. Department of of certain records to an adjudicative under Title V of the United States Code, Education personnel and AppNet use body before which the Department is Chapter 71, provides that the some of the data to demonstrate authorized to appear, an individual or Department will disclose personal program effectiveness. Disclosure may entity designated by the Department or records relevant to the organization’s be made to the following entities as otherwise empowered to resolve or mission. The disclosures will be made well: mediate disputes is relevant and only as authorized by law. (1) Disclosure for Use by Other Law necessary to the administrative (7) Freedom of Information Act Enforcement Agencies. The Department litigation, the Department may disclose (FOIA) Advice Disclosure. The may disclose information to any those records as a routine use to the Department may disclose records to the Federal, State, local, or foreign agency adjudicative body, individual, or entity. Department of Justice and the Office of or other public authority responsible for (d) Parties, counsels, representatives Management and Budget if the enforcing, investigating, or prosecuting and witnesses. If the Department Department concludes that disclosure is violations of administrative, civil, or determines that disclosure of certain desirable or necessary in determining criminal law or regulation if that records to a party, counsel, whether particular records are required information is relevant to any representative or witness in an to be disclosed under the FOIA. enforcement, regulatory, investigative, administrative proceeding is relevant (8) Disclosure to the Department of or prosecutive responsibility within the and necessary to the litigation, the Justice (DOJ). The Department may receiving entity’s jurisdiction. Department may disclose those records disclose records to the DOJ to the extent (2) Enforcement Disclosure. In the as a routine use to the party, counsel, necessary for obtaining DOJ advice on event that information in this system of representative or witness. any matter relevant to an audit, records indicates, either on its face or in (4) Employment, Benefit, and inspection, or other inquiry related to connection with other information, a Contracting Disclosure. the programs covered by this system. violation or potential violation of any (a) For Decisions by the Department. (9) Contract Disclosure. If the applicable statute, regulation, or order The Department may disclose a record Department contracts with an entity for of a competent authority, the to a Federal, State, or local agency the purposes of performing any function Department may disclose the relevant maintaining civil, criminal, or other that requires disclosure of records in records to the appropriate agency, relevant enforcement or other pertinent this system to employees of the whether foreign, Federal, State, Tribal, records, or to another public authority contractor, the Department may disclose or local, charged with the responsibility or professional organization, if the records to those employees. Before of investigating or prosecuting that necessary to obtain information relevant entering into such a contract, the violation or charged with enforcing or to a Department decision concerning the Department shall require the contractor

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00070 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.104 pfrm02 PsN: 04JNN2 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30175 to maintain Privacy Act safeguards as participants, participants’ institutions approved forms in hardcopy or required under 5 U.S.C. 552a(m) with and US Department of Education electronic format. respect to the records in the system. personnel. (10) Research Disclosure. The SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: Department may disclose records to a RETRIEVABILITY: researcher if an appropriate official of Hardcopy files are retrieved by None. the Department determines that the individual names and educational 18±12±02 individual or organization to which the institution. Electronic files can be disclosure would be made is qualified to accessed through all data elements. SYSTEM NAME: carry out specific research related to SAFEGUARDS: Fulbright-Hays—Doctoral Dissertation functions or purposes of this system of Research Abroad (DDRA), Faculty records. The official may disclose All physical access to the Department Research Abroad (FRA), Seminars records from this system of records to of Education site, and the site of Abroad (SA), Fellows. that researcher solely for the purpose of Department contractors where this carrying out that research related to the system of records is maintained, is SECURITY CLASSIFICATION: functions or purposes of this system of controlled and monitored by personnel None. who check each individual entering the records. The researcher shall be SYSTEM LOCATION: required to maintain Privacy Act building. International Education and Graduate safeguards with respect to the disclosed The computer system employed by Programs Service, Office of records. AppNet offers a high degree of Postsecondary Education, U.S. (11) Congressional Member resistance to tampering and Department of Education, 1250 Disclosure. The Department may circumvention. This security system Maryland Avenue, SW., Room 600, disclose records to a member of limits data access to Department of Portals Building, Washington, DC Congress from the record of an Education and contract staff grantees on 20202–5331. individual in response to an inquiry a ‘‘need-to-know’’ basis, and controls AppNet, 103 W. Broad Street, Fifth from the member made at the written individual users’ ability to access and Floor, Falls Church, VA 22046. request of that individual. The alter records within the system. All member’s right to the information is no users of this system of records are given CATEGORIES OF INDIVIDUALS COVERED BY THE greater than the right of the individual a unique user ID with personal SYSTEM: identifiers. All interactions by who requested it. This system contains records on individual users with the system are (12) Disclosure to the Office of teachers or prospective teachers who recorded. Management and Budget (OMB) for have been selected to be recipients for Credit Reform Act (CRA) Support. The RETENTION AND DISPOSAL: Fulbright-Hays awards to enable them to Department may disclose records to Hardcopy records are maintained for engage in foreign language and area OMB as necessary to fulfill CRA five years and then destroyed. Data studies projects overseas. requirements. stored in the electronic data warehouse CATEGORIES OF RECORDS IN THE SYSTEM: DISCLOSURE TO CONSUMER REPORTING are maintained until the need for The Fulbright-Hays Records System AGENCIES: longitudinal studies to demonstrate consists of a variety of records relating Disclosures pursuant to 5 U.S.C. program effectiveness is no longer to an individual’s applications for, and 552a(b)(12): The Department may required. participation in, the Fulbright-Hays disclose to a consumer reporting agency SYSTEM MANAGER(S) AND ADDRESS: DDRA, FRA or SA programs. In addition information regarding a claim by the to the individual’s name, the system Department which is determined to be Director, International Education and Graduate Programs Service, Office of contains the participant’s address, valid and overdue as follows: (1) The telephone number, educational name, address, taxpayer identification Postsecondary Education, U.S. Department of Education, 400 Maryland institution, date and place of birth, number and other information necessary citizenship, social security number, to establish the identity of the Avenue, SW., Room 600B, Portals Building, Washington, DC 20202–5247. veteran’s status, names of accompanying individual responsible for the claim; (2) dependents, previous overseas travel, the amount, status, and history of the NOTIFICATION PROCEDURE: educational and employment claim; and (3) the program under which If you wish to determine whether a background, student loan default status, the claim arose. The Department may record exists regarding you in the a health statement, transcripts, disclose the information specified in system of records, provide the system references, project description and this paragraph under 5 U.S.C. manager with your name, the year of the project cost based on either the cost-of- 552a(b)(12) and the procedures award, the name of the grantee living in the host country or the contained in subsection 31 U.S.C. institution, and language of the award. annualized salary of a faculty member, 3711(e). A consumer reporting agency to Your request must meet the field reader and US Embassy comments, which these disclosures may be made is requirements of the regulations at 34 award documents, and final project defined at 31 U.S.C. 3701(a)(3). CFR 5b.5, including proof of identity. reports. POLICIES AND PRACTICES FOR STORING, RECORD ACCESS PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Contact the system manager. The Mutual Educational and Cultural Exchange Act of 1961, as amended (22 STORAGE: CONTESTING RECORD PROCEDURES: U.S.C. 2451–2458). The records are maintained in Contact the system managers. hardcopy, filed in standard filing PURPOSE(S): cabinets and in an electronic data RECORD SOURCE CATEGORIES: The information contained in this warehouse maintained by AppNet and Information is obtained from the system is used for the following accessible by AppNet, individual individual and grantee institutions on purposes: (1) To determine the

VerDate 06-MAY-99 13:38 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4701 Sfmt 4703 E:\FR\FM\A04JN3.106 pfrm02 PsN: 04JNN2 30176 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices applicants’ qualifications, eligibility, litigation ADR, the Department may disclose a record to a Federal, State, suitability and feasibility; (2) to award disclose certain records to the parties local, or foreign agency or other public benefits for overseas research; (3) to described in paragraphs (b), (c) and (d) authority or professional organization, monitor the progress of the project of this routine use under the conditions in connection with the hiring or including its accomplishments; and (4) specified in those paragraphs: retention of an employee or other to demonstrate the program’s (i) The Department of Education, or personnel action, the issuance of a effectiveness. any component of the Department; or security clearance, the reporting of an (ii) Any Department employee in his investigation of an employee, the letting ROUTINE USES OF RECORDS MAINTAINED IN THE or her official capacity; or of a contract, or the issuance of a SYSTEM, INCLUDING CATEGORIES OF USERS AND (iii) Any Department employee in his license, grant, or other benefit, to the THE PURPOSE OF SUCH USES: or her individual capacity if the extent that the record is relevant and The Department of Education Department of Justice (DOJ) has agreed necessary to the receiving entity’s (Department) may disclose information to provide or arrange for representation decision on the matter. contained in a record in this system of for the employee; (6) Employee Grievance, Complaint or records under the routine uses listed in (iv) Any Department employee in his Conduct Disclosure. The Department this system of records without the or her individual capacity where the may disclose a record in this system of consent of the individual if the agency has agreed to represent the records to another agency of the Federal disclosure is compatible with the employee; or Government if the record is relevant to purposes for which the record was (v) The United States where the one of the following proceedings collected. These disclosures may be Department determines that the regarding a present or former employee made on a case-by-case basis or, if the litigation is likely to affect the of the Department: complaint, Department has complied with the Department or any of its components. grievance, discipline or competence computer matching requirements of the (b) Disclosure to the DOJ. If the determination proceedings. The Act, under a computer matching Department determines that disclosure disclosure may only be made during the agreement. of certain records to the DOJ is relevant course of the proceeding. (1) Program Disclosure. The and necessary to litigation or ADR, the (7) Labor Organization Disclosure. A Department may disclose information to Department may disclose those records component of the Department may field readers, the U.S. Department of as a routine use to the DOJ. disclose records to a labor organization State, U.S. Embassies, binational (c) Administrative Disclosures. If the if a contract between the component commissions, the J. William Fulbright Department determines that disclosure and a labor organization recognized Foreign Scholarship Board, foreign of certain records to an adjudicative under Title V of the United States Code, educators and officials so that the body before which the Department is Chapter 71, provides that the information can be used to determine authorized to appear, an individual or Department will disclose personal the qualifications, eligibility, suitability, entity designated by the Department or records relevant to the organization’s feasibility, and award benefits for otherwise empowered to resolve or mission. The disclosures will be made overseas research. mediate disputes is relevant and only as authorized by law. (2) Disclosure for Use by Other Law necessary to the administrative (8) Freedom of Information Act Enforcement Agencies. The Department litigation, the Department may disclose (FOIA) Advice Disclosure. The may disclose information to any those records as a routine use to the Department may disclose records to the Federal, State, local, or foreign agency adjudicative body, individual, or entity. Department of Justice and the Office of or other public authority responsible for (d) Parties, counsels, representatives Management and Budget if the enforcing, investigating, or prosecuting and witnesses. If the Department Department concludes that disclosure is violations of administrative, civil, or determines that disclosure of certain desirable or necessary in determining criminal law or regulation if that records to a party, counsel, whether particular records are required information is relevant to any representative or witness in an to be disclosed under the FOIA. enforcement, regulatory, investigative, administrative proceeding is relevant (9) Disclosure to the Department of or prosecutive responsibility within the and necessary to the litigation, the Justice (DOJ). The Department may receiving entity’s jurisdiction. Department may disclose those records disclose records to the DOJ to the extent (3) Enforcement Disclosure. In the as a routine use to the party, counsel, necessary for obtaining DOJ advice on event that information in this system of representative or witness. any matter relevant to an audit, records indicates, either on its face or in (5) Employment, Benefit, and inspection, or other inquiry related to connection with other information, a Contracting Disclosure. the programs covered by this system. violation or potential violation of any (a) For Decisions by the Department. (10) Contract Disclosure. If the applicable statute, regulation, or order The Department may disclose a record Department contracts with an entity for of a competent authority, the to a Federal, State, or local agency the purposes of performing any function Department may disclose the relevant maintaining civil, criminal, or other that requires disclosure of records in records to the appropriate agency, relevant enforcement or other pertinent this system to employees of the whether foreign, Federal, State, Tribal, records, or to another public authority contractor, the Department may disclose or local, charged with the responsibility or professional organization, if the records to those employees. Before of investigating or prosecuting that necessary to obtain information relevant entering into such a contract, the violation or charged with enforcing or to a Department decision concerning the Department shall require the contractor implementing the statute, executive hiring or retention of an employee or to maintain Privacy Act safeguards as order, rule, regulation, or order issued other personnel action, the issuance of required under 5 U.S.C. 552a(m) with pursuant thereto. a security clearance, the letting of a respect to the records in the system. (4) Litigation and Alternative Dispute contract, or the issuance of a license, (11) Research Disclosure. The Resolution (ADR) Disclosures. grant, or other benefit. Department may disclose records to a (a) Introduction. In the event that one (b) For Decisions by Other Public researcher if an appropriate official of of the parties listed below is involved in Agencies and Professional the Department determines that the litigation or ADR, or has an interest in Organizations. The Department may individual or organization to which the

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The researcher shall be The computer system employed by State, U.S. Embassies, binational required to maintain Privacy Act AppNet offers a high degree of commissions, the J. William Fulbright safeguards with respect to the disclosed resistance to tampering and Foreign Scholarship Board, and foreign records. circumvention. This security system educators and officials. (12) Congressional Member limits data access to Department of Disclosure. The Department may Education and contract staff grantees on SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: disclose records to a member of a ‘‘need-to-know’’ basis, and controls Congress from the record of an individual users’ ability to access and None. individual in response to an inquiry alter records within the system. All 18±12±04 from the member made at the written users of this system of records are given request of that individual. The a unique user ID with personal SYSTEM NAME: Member’s right to the information is no identifiers. All interactions by Jacob K. Javits Fellowship System. greater than the right of the individual individual users with the system are who requested it. recorded. SECURITY CLASSIFICATION: (13) Disclosure to the Office of Management and Budget (OMB) for RETENTION AND DISPOSAL: None. Credit Reform Act (CRA) Support. The Hardcopy records are maintained for SYSTEM LOCATION: Department may disclose records to five years and then destroyed. Data International Education and Graduate OMB as necessary to fulfill CRA stored in the electronic data warehouse Programs Service, Office of requirements. are maintained until the need for Postsecondary Education, U.S. longitudinal studies to demonstrate DISCLOSURE TO CONSUMER REPORTING Department of Education, 1250 AGENCIES: program effectiveness is no longer Maryland Avenue, SW., Room 600, required. Disclosures pursuant to 5 U.S.C. Portals Building, Washington, DC 552a(b)(12): The Department may SYSTEM MANAGER(S) AND ADDRESS: 20202–5247. disclose to a consumer reporting agency information regarding a claim by the Director, International Education and CATEGORIES OF INDIVIDUALS COVERED BY THE Department which is determined to be Graduate Programs Service, Office of SYSTEM: Postsecondary Education, U.S. valid and overdue as follows: (1) The This system contains records on Department of Education, 400 Maryland name, address, taxpayer identification individuals who apply for fellowships Avenue, SW., Room 600B, Portals number and other information necessary under the Jacob K. Javits Fellowship Building, Washington, DC 20202–5247. to establish the identity of the Program. individual responsible for the claim; (2) NOTIFICATION PROCEDURE: the amount, status, and history of the CATEGORIES OF RECORDS IN THE SYSTEM: claim; and (3) the program under which If you wish to determine whether a record exists regarding you in the The Jacob K. Javits Fellowship System the claim arose. The Department may consists of a variety of records relating disclose the information specified in system of records, provide the system manager with your name, date of birth, to a student’s application for, and this paragraph under 5 U.S.C. participation in, the Javits Fellowship 552a(b)(12) and the procedures social security number, the year of the award, the name of the grantee Program. In addition to the student’s contained in subsection 31 U.S.C. name, the system contains the student’s 3711(e). A consumer reporting agency to institution, major country in which you conducted your educational activity. social security number, or nine digit which these disclosures may be made is identification number, address, defined at 31 U.S.C. 3701(a)(3). Your request must meet the requirements of the regulations at 34 scholastic accomplishments, rating POLICIES AND PRACTICES FOR STORING, CFR 5b.5, including proof of identity. scores, and reference letters. RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: RECORD ACCESS PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: STORAGE: If you wish to gain access to records Title VII, Part A, Subpart 1 of the The records are maintained in regarding you in this system of records, Higher Education Act of 1965, as hardcopy, filed in standard filing contact the system manager at the amended (20 U.S.C. 1134–1134d). The cabinets and in an electronic data address listed above and follow the program regulations are found in 34 warehouse maintained by AppNet and steps outlined in the Notification CFR part 650. Procedures. Your request must meet the accessible by AppNet, individual PURPOSE(S): participants, participants’ institutions requirements of the regulations at 34 and U.S. Department of Education CFR 5b.5, including proof of identity. The information contained in this personnel. system is used to determine the CONTESTING RECORD PROCEDURES: qualifications, eligibility, and suitability RETRIEVABILITY: If you wish to contest the content of in the selection of fellows; to maintain Hardcopy files are retrieved by a record in this system of records, the progress of fellows; to ensure individual names and educational contact the system manager at the compliance with program requirements; institution. Electronic files can be address listed above. Your request must and to use the data to demonstrate accessed through all data elements. meet the requirements of the regulations program effectiveness.

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ROUTINE USES OF RECORDS MAINTAINED IN THE (v) The United States where the one of the following proceedings SYSTEM, INCLUDING CATEGORIES OF USERS AND Department determines that the regarding a present or former employee THE PURPOSE OF SUCH USES: litigation is likely to affect the of the Department: complaint, The Department of Education Department or any of its components. grievance, discipline or competence (Department) may disclose information (b) Disclosure to the DOJ. If the determination proceedings. The contained in a record in this system of Department determines that disclosure disclosure may only be made during the records under the routine uses listed in of certain records to the DOJ is relevant course of the proceeding. this system of records without the and necessary to litigation or ADR, the (6) Labor Organization Disclosure. A consent of the individual if the Department may disclose those records component of the Department may disclosure is compatible with the as a routine use to the DOJ. disclose records to a labor organization purposes for which the record was (c) Administrative Disclosures. If the if a contract between the component collected. These disclosures may be Department determines that disclosure and a labor organization recognized made on a case-by-case basis, or if the of certain records to an adjudicative under Title V of the United States Code, Department has complied with the body before which the Department is Chapter 71, provides that the computer matching requirements of the authorized to appear, an individual or Department will disclose personal Act, under a computer matching entity designated by the Department or records relevant to the organization’s agreement. otherwise empowered to resolve or mission. The disclosures will be made (1) Disclosure for Use by Other Law mediate disputes is relevant and only as authorized by law. Enforcement Agencies. The Department necessary to the administrative (7) Freedom of Information Act may disclose information to any litigation, the Department may disclose (FOIA) Advice Disclosure. The Federal, State, local, or foreign agency those records as a routine use to the Department may disclose records to the or other public authority responsible for adjudicative body, individual, or entity. Department of Justice and the Office of enforcing, investigating, or prosecuting (d) Parties, counsels, representatives Management and Budget if the violations of administrative, civil, or and witnesses. If the Department Department concludes that disclosure is criminal law or regulation if that determines that disclosure of certain desirable or necessary in determining information is relevant to any records to a party, counsel, whether particular records are required representative or witness in an enforcement, regulatory, investigative, to be disclosed under the FOIA. administrative proceeding is relevant (8) Disclosure to the Department of or prosecutive responsibility within the and necessary to the litigation, the Justice (DOJ). The Department may receiving entity’s jurisdiction. Department may disclose those records disclose records to the DOJ to the extent (2) Enforcement Disclosure. In the as a routine use to the party, counsel, necessary for obtaining DOJ advice on event that information in this system of representative or witness. any matter relevant to an audit, records indicates, either on its face or in (4) Employment, Benefit, and inspection, or other inquiry related to connection with other information, a Contracting Disclosure. the programs covered by this system. violation or potential violation of any (a) For Decisions by the Department. (9) Contract Disclosure. If the applicable statute, regulation, or order The Department may disclose a record Department contracts with an entity for of a competent authority, the to a Federal, State, or local agency the purposes of performing any function Department may disclose the relevant maintaining civil, criminal, or other that requires disclosure of records in records to the appropriate agency, relevant enforcement or other pertinent this system to employees of the whether foreign, Federal, State, Tribal, records, or to another public authority contractor, the Department may disclose or local, charged with the responsibility or professional organization, if the records to those employees. Before of investigating or prosecuting that necessary to obtain information relevant entering into such a contract, the violation or charged with enforcing or to a Department decision concerning the Department shall require the contractor implementing the statute, executive hiring or retention of an employee or to maintain Privacy Act safeguards as order, rule, regulation, or order issued other personnel action, the issuance of required under 5 U.S.C. 552a(m) with pursuant thereto. a security clearance, the letting of a respect to the records in the system. (3) Litigation and Alternative Dispute contract, or the issuance of a license, (10) Research Disclosure. The Resolution (ADR) Disclosures. grant, or other benefit. Department may disclose records to a (a) Introduction. In the event that one (b) For Decisions by Other Public researcher if an appropriate official of of the parties listed below is involved in Agencies and Professional the Department determines that the litigation or ADR, or has an interest in Organizations. The Department may individual or organization to which the litigation ADR, the Department may disclose a record to a Federal, State, disclosure would be made is qualified to disclose certain records to the parties local, or foreign agency or other public carry out specific research related to described in paragraphs (b), (c) and (d) authority or professional organization, functions or purposes of this system of of this routine use under the conditions in connection with the hiring or records. The official may disclose specified in those paragraphs: retention of an employee or other records from this system of records to (i) The Department of Education, or personnel action, the issuance of a that researcher solely for the purpose of any component of the Department; or security clearance, the reporting of an carrying out that research related to the (ii) Any Department employee in his investigation of an employee, the letting functions or purposes of this system of or her official capacity; or of a contract, or the issuance of a records. The researcher shall be (iii) Any Department employee in his license, grant, or other benefit, to the required to maintain Privacy Act or her individual capacity if the extent that the record is relevant and safeguards with respect to the disclosed Department of Justice (DOJ) has agreed necessary to the receiving entity’s records. to provide or arrange for representation decision on the matter. (11) Congressional Member for the employee; (5) Employee Grievance, Complaint or Disclosure. The Department may (iv) Any Department employee in his Conduct Disclosure. The Department disclose records to a member of or her individual capacity where the may disclose a record in this system of Congress from the record of an agency has agreed to represent the records to another agency of the Federal individual in response to an inquiry employee; or Government if the record is relevant to from the member made at the written

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The RETENTION AND DISPOSAL: CATEGORIES OF INDIVIDUALS COVERED BY THE Department may disclose records to SYSTEM: Hardcopy records are maintained for OMB as necessary to fulfill CRA This system contains records on requirements. five years and then destroyed. Data stored electronically is maintained until individual researchers who have been DISCLOSURE TO CONSUMER REPORTING the need for longitudinal data to selected to be recipients of International AGENCIES: demonstrate program effectiveness is no Research and Studies (IRS) awards. Disclosures pursuant to 5 U.S.C. longer needed. CATEGORIES OF RECORDS IN THE SYSTEM: 552a(b)(12): The Department may SYSTEM MANAGERS AND ADDRESS: The Title VI IRS Records System disclose to a consumer reporting agency consists of a variety of records relating Director, International Education and information regarding a claim by the to an individual’s applications for, and Graduate Programs Service, Office of Department which is determined to be participation in, the IRS program. In Postsecondary Education, U.S. valid and overdue as follows: (1) The addition to the individual’s name, the name, address, taxpayer identification Department of Education, 400 Maryland system contains the participant’s number and other information necessary Avenue, SW., Room 600, Portals address, telephone number, educational to establish the identity of the Building, Washington, DC 20202–5247. institution, citizenship, social security individual responsible for the claim; (2) NOTIFICATION PROCEDURE: number, institutional or individual the amount, status, and history of the If you wish to determine whether a DUNS number, educational and claim; and (3) the program under which employment background, salary, the claim arose. The Department may record exists regarding you in the system of records, provide the system research or instructional materials disclose the information specified in project description, project costs, field this paragraph under 5 U.S.C. manager with your name, date of birth and Social Security number. Your reader comments, award documents, 552a(b)(12) and the procedures and final project reports. contained in subsection 31 U.S.C. request must meet the requirements of 3711(e). A consumer reporting agency to the regulations at 34 CFR 5b.5, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: which these disclosures may be made is including proof of identity. The Higher Education Act of 1965, as defined at 31 U.S.C. 3701(a)(3). RECORD ACCESS PROCEDURE: amended, Part A, Title VI, section 605(a). POLICIES AND PRACTICES FOR STORING, If you wish to gain access to a record RETRIEVING, ACCESSING, RETAINING, AND regarding you in the system of records, PURPOSE(S): DISPOSING OF RECORDS IN THE SYSTEM: provide the system manager with your The information contained in this name, date of birth, and Social Security STORAGE: system is used for the following number. Your request must meet the purposes: (1) To determine the The records are maintained in hard requirements of the regulations at 34 qualifications and eligibility of the copy, filed in standard filing cabinets; CFR 5b.5, including proof of identity. project director, competitiveness of and on access-controlled personal need for the project, and award benefits; CONTESTING RECORD PROCEDURE: computers; and on removable personal (2) to monitor the progress of the project computer diskettes that are stored in If you wish to contest the content of including its accomplishments; and (3) filing cabinets. a record, contact the system manager. to demonstrate the program’s Your request must meet the RETRIEVABILITY: effectiveness. requirements of the regulations at 34 Hardcopy files are retrieved by CFR 5b.7. ROUTINE USES OF RECORDS MAINTAINED IN THE individual names and educational SYSTEM, INCLUDING CATEGORIES OF USERS AND institutions. Electronic files are accessed RECORD SOURCE CATEGORIES: THE PURPOSE OF SUCH USES: using an individual’s Social Security Information is obtained principally The Department of Education number, or other nine digit from individual applicants, references, (Department) may disclose information identification number. and schools attended by the applicant. contained in a record in this system of records under the routine uses listed in SAFEGUARDS: SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS this system of records without the All physical access to the OF THE ACT: consent of the individual if the Department’s site, and the sites of None. disclosure is compatible with the Department contractors where this purposes for which the record was 18-12-04 system of records is maintained, is collected. These disclosures may be controlled and monitored by security SYSTEM NAME: made on a case-by-case basis or, if the personnel who check each individual Title VI International Research and Department has complied with the entering the building for his or her Studies Program (IRS). computer matching requirements of the employee or visitor badge. Act, under a computer matching The computer system employed by SECURITY CLASSIFICATION: agreement. the Department offers a high degree of None. (1) Field Reader Disclosures. The resistance to tampering and Department may disclose information to circumvention. This security system SYSTEM LOCATION(S): field readers in order to determine the limits data access to Department and International Education and Graduate qualifications and eligibility of the contract staff on a ‘‘need-to-know’’ Programs Service, Office of project director, competitiveness of and basis, and controls individual users’ Postsecondary Education, U.S. need for the project, and award benefits.

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(2) Disclosure for Use by Other Law necessary to the administrative (8) Freedom of Information Act Enforcement Agencies. The Department litigation, the Department may disclose (FOIA) Advice Disclosure. The may disclose information to any those records as a routine use to the Department may disclose records to the Federal, State, local, or foreign agency adjudicative body, individual, or entity. Department of Justice and the Office of or other public authority responsible for (d) Parties, counsels, representatives Management and Budget if the enforcing, investigating, or prosecuting and witnesses. If the Department Department concludes that disclosure is violations of administrative, civil, or determines that disclosure of certain desirable or necessary in determining criminal law or regulation if that records to a party, counsel, whether particular records are required information is relevant to any representative or witness in an to be disclosed under the FOIA. enforcement, regulatory, investigative, administrative proceeding is relevant (9) Disclosure to the Department of or prosecutive responsibility within the and necessary to the litigation, the Justice (DOJ). The Department may receiving entity’s jurisdiction. Department may disclose those records disclose records to the DOJ to the extent (3) Enforcement Disclosure. In the as a routine use to the party, counsel, necessary for obtaining DOJ advice on event that information in this system of representative or witness. any matter relevant to an audit, records indicates, either on its face or in (5) Employment, Benefit, and inspection, or other inquiry related to connection with other information, a Contracting Disclosure. the programs covered by this system. violation or potential violation of any (a) For Decisions by the Department. (10) Contract Disclosure. If the applicable statute, regulation, or order The Department may disclose a record Department contracts with an entity for of a competent authority, the to a Federal, State, or local agency the purposes of performing any function Department may disclose the relevant maintaining civil, criminal, or other that requires disclosure of records in records to the appropriate agency, relevant enforcement or other pertinent this system to employees of the whether foreign, Federal, State, Tribal, records, or to another public authority contractor, the Department may disclose or local, charged with the responsibility or professional organization, if the records to those employees. Before of investigating or prosecuting that necessary to obtain information relevant entering into such a contract, the violation or charged with enforcing or to a Department decision concerning the Department shall require the contractor implementing the statute, executive hiring or retention of an employee or to maintain Privacy Act safeguards as order, rule, regulation, or order issued other personnel action, the issuance of required under 5 U.S.C. 552a(m) with pursuant thereto. a security clearance, the letting of a respect to the records in the system. (4) Litigation and Alternative Dispute contract, or the issuance of a license, (11) Research Disclosure. The Resolution (ADR) Disclosures. grant, or other benefit. Department may disclose records to a (a) Introduction. In the event that one (b) For Decisions by Other Public researcher if an appropriate official of of the parties listed below is involved in Agencies and Professional the Department determines that the litigation or ADR, or has an interest in Organizations. The Department may individual or organization to which the litigation ADR, the Department may disclose a record to a Federal, State, disclosure would be made is qualified to disclose certain records to the parties local, or foreign agency or other public carry out specific research related to described in paragraphs (b), (c) and (d) authority or professional organization, functions or purposes of this system of of this routine use under the conditions in connection with the hiring or records. The official may disclose specified in those paragraphs: retention of an employee or other records from this system of records to (i) The Department of Education, or personnel action, the issuance of a that researcher solely for the purpose of any component of the Department; or security clearance, the reporting of an carrying out that research related to the (ii) Any Department employee in his investigation of an employee, the letting functions or purposes of this system of or her official capacity; or of a contract, or the issuance of a records. The researcher shall be (iii) Any Department employee in his license, grant, or other benefit, to the required to maintain Privacy Act or her individual capacity if the extent that the record is relevant and safeguards with respect to the disclosed Department of Justice (DOJ) has agreed necessary to the receiving entity’s records. to provide or arrange for representation decision on the matter. (12) Congressional Member for the employee; (6) Employee Grievance, Complaint or Disclosure. The Department may (iv) Any Department employee in his Conduct Disclosure. The Department disclose records to a member of or her individual capacity where the may disclose a record in this system of Congress from the record of an agency has agreed to represent the records to another agency of the Federal individual in response to an inquiry employee; or Government if the record is relevant to from the member made at the written (v) The United States where the one of the following proceedings request of that individual. The Department determines that the regarding a present or former employee member’s right to the information is no litigation is likely to affect the of the Department: complaint, greater than the right of the individual Department or any of its components. grievance, discipline or competence who requested it. (b) Disclosure to the DOJ. If the determination proceedings. The (13) Disclosure to the Office of Department determines that disclosure disclosure may only be made during the Management and Budget (OMB) for of certain records to the DOJ is relevant course of the proceeding. Credit Reform Act (CRA) Support. The and necessary to litigation or ADR, the (7) Labor Organization Disclosure. A Department may disclose records to Department may disclose those records component of the Department may OMB as necessary to fulfill CRA as a routine use to the DOJ. disclose records to a labor organization requirements. (c) Administrative Disclosures. If the if a contract between the component Department determines that disclosure and a labor organization recognized DISCLOSURE TO CONSUMER REPORTING of certain records to an adjudicative under Title V of the United States Code, AGENCIES: body before which the Department is Chapter 71, provides that the Disclosures pursuant to 5 U.S.C. authorized to appear, an individual or Department will disclose personal 552a(b)(12): The Department may entity designated by the Department or records relevant to the organization’s disclose to a consumer reporting agency otherwise empowered to resolve or mission. The disclosures will be made information regarding a claim by the mediate disputes is relevant and only as authorized by law. Department which is determined to be

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The Department may manager with your name, date of birth, (3) Approximately 26,000 eighth disclose the information specified in social security number, the year of the grade students in 1,050 U.S. schools this paragraph under 5 U.S.C. award, the name of the grantee who participated in the National 552a(b)(12) and the procedures institution, major country in which you Education Longitudinal Study of 1988; contained in subsection 31 U.S.C. conducted your educational activity. (4) Approximately 60,000 students 3711(e). A consumer reporting agency to Your request must meet the enrolled in U.S. postsecondary which these disclosures may be made is requirements of the regulations at 34 institutions who participate in each defined at 31 U.S.C. 3701(a)(3). CFR 5b.5, including proof of identity. cycle of the National Postsecondary Student Aid Study, the Baccalaureate RECORD ACCESS PROCEDURES: POLICIES AND PRACTICES FOR STORING, and Beyond Study, or the Beginning RETRIEVING, ACCESSING, RETAINING, AND If you wish to gain access to records Postsecondary Students Longitudinal DISPOSING OF RECORDS IN THE SYSTEM: regarding you in this system of records, Study; STORAGE: contact the system manager at the (5) Approximately 21,000 address listed above and follow the The records are maintained in kindergartners, their parents, and 6,000 steps outlined in the Notification hardcopy, filed in standard filing teachers who are participating in the Procedure. Your request must meet the cabinets and in an electronic data Early Childhood Longitudinal Study, requirements of the regulations at 34 warehouse maintained by AppNet and Kindergarten Cohort in 1998; CFR 5b.5, including proof of identity. accessible by AppNet, individual (6) 14,000 children and their families participants, participants’ institutions CONTESTING RECORD PROCEDURES: as well as 4,500 childcare providers that will participate in the Early Childhood and Department personnel. If you wish to contest the content of Longitudinal Study, Birth Cohort 2000; a record in this system of records, RETRIEVABILITY: (7) Approximately 78,000 teachers, contact the system manager at the Hard copy files are retrieved by administrators, and librarians who address listed above. Your request must individual names and educational participate in each administration of the meet the requirements of the regulations institution. Electronic files can be School and Staffing Surveys of NCES; at 34 CFR 5b.7, including proof of accessed through all data elements. (8) Approximately 11,000 faculty and identity. administrators who participated in the SAFEGUARDS: RECORD SOURCE CATEGORIES: 1987–88 National Study of All physical access to the Information is obtained from the Postsecondary Faculty; Department’s site, and the sites of individuals and institutions on (9) Approximately 30,000 faculty, Department contractors where this approved application forms and from instructional staff, and administrators system of records is maintained, is field readers. who participate in subsequent controlled and monitored by personnel administrations of the National Study of who check each individual entering the SYSTEM EXEMPTED FROM CERTAIN PROVISIONS Postsecondary Faculty; building. OF THE ACT: (10) Approximately 33,000 U.S. The computer system employed by None. students who participated in the Third AppNet offers a high degree of International Mathematics and Science resistance to tampering and 18±13±01 Study and the 15,000 U.S. students who circumvention. This security system SYSTEM NAME: will participate in the subsequent limits data access to Department and National Center for Education administration of the Third contract staff grantees on a ‘‘need-to- Statistics Longitudinal Studies and the International Mathematics and Science know’’ basis, and controls individual School and Staffing Surveys. Study; users’ ability to access and alter records (11) Approximately 5,000 U.S. within the system. All users of this SECURITY CLASSIFICATION: students who will participate in an system of records are given a unique None. international Civics Education Study; user ID with personal identifiers. All (12) 9,000 U.S. students who will interactions by individual users with SYSTEM LOCATION: participate in the Program of the system are recorded. National Center for Education International Student Assessment; Statistics, Office of Educational (13) 8,000 U.S. adults who will RETENTION AND DISPOSAL: Research and Improvement, U.S. participate in the International Life Hard copy records are maintained for Department of Education, 555 New Skills Survey. five years and then destroyed. Data Jersey Avenue, NW., Room 400, CATEGORIES OF RECORDS IN THIS SYSTEM: stored in the electronic data warehouse Washington, DC 20202–5574. See the are maintained until the need for Appendix at the end of this system This system consists of responses to longitudinal to demonstrate program notice for additional system locations. survey instruments which contain effectiveness is no longer required. background and demographic data, CATEGORIES OF INDIVIDUALS COVERED BY THE questions concerning educational SYSTEM MANAGER(S) AND ADDRESS: SYSTEM: experiences, employment experiences, Director, International Education and This system contains information on finances, aspirations, plans and goals, Graduate Programs Service, Office of the following groups: family formation variables, and Postsecondary Education, US (1) High school seniors who attitudes. Cognitive test scores, financial Department of Education, 400 Maryland participated in the National aid records, and high school and college

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Your request must STORAGE: related to teachers and administrators meet the requirements in the regulations contain, in addition to the above, The research files will be stored on at 34 CFR 5b.7. computer tapes and diskettes. The information on training and experience, RECORD SOURCE CATEGORIES: salary history, and attitudes and location files will be kept on computer Information in the records comes form opinions on educational and operational tapes. responses to survey instruments. questions. RETRIEVABILITY: SYSTEM EXEMPTED FROM CERTAIN PROVISIONS AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The records are retrievable by title of survey and name of person. OF THE ACT: 20 U.S.C. 1221e–1. None. SAFEGUARDS: PURPOSE(S): The research files and location files Appendix to 18–13–01 This system is used to describe the are not directly mergeable in the form Additional System Locations critical influences, contexts, and maintained and stored. The transitions of students in elementary, U.S. Bureau of the Census, Federal Office identification codes on each file are Building 3, Washington, DC 20233. secondary, and postsecondary education different. They can be related by use of WESTAT, 1650 Research Boulevard, and into employment and adult an encryption algorithm known to only Rockville, Maryland 20850. experience. a few authorized staff. Copies of the Research Triangle Institute, P.O. Box 12194, computer tapes and discs containing the Research Triangle Park, North Carolina ROUTINE USES OF RECORDS MAINTAINED IN THE 27709. SYSTEM, INCLUDING CATEGORIES OF USERS AND location files are stored with three levels National Opinion Research Center, 1155 E. THE PURPOSES OF SUCH USES: of password protection. Hence, immediate access to the location files is 60th Street, Chicago, Illinois 60637– The Department of Education possible only by authorized staff. When 2799. (Department) may disclose information Educational Testing Service, 1825 Eye Street, in active use for editing, tabulation and contained in a record in this system of NW, Suite 475, Washington, DC 20006. analysis, files of information and records under the routine uses listed in The Gallup Organization, One Church Street, identifiers will not be kept together this system of records without the Suite 900, Rockville, MD 20850. unless necessary for processing the data. consent of the individual if the MPR Associates, 1995 University Avenue, The files will be accessed only through Suite 225, Berkeley, California 94704. disclosure is compatible with the approved identification of the user and Abt Associates, 55 Wheeler Street, purpose for which the record was the use of passwords. Passwords will be Cambridge, Massachusetts 02138. collected. These disclosures may be changed at the conclusion of each Pelavin Research Institute, 1,000 Thomas made on a case-by-case basis or, if the period of use and returned to storage. Jefferson Street, Suite 400, Washington, Department has complied with the Tapes, discs and questionnaires will be DC 20007. Institute for Social Research, Survey computer matching requirements of the kept in locked files in locked rooms. Act, under a computer matching Research Associates, University of agreement. RETENTION AND DISPOSAL: Michigan, 426 Thompson, Ann Arbor, (1) Contract Disclosure. When the MI 48106. The records will be kept for five years School of Education, University of Michigan, National Center for Education Statistics after the final survey administration, 610 E. University, Ann Arbor, MI 48109. intends to contract with a private firm including the base year survey and any for the purpose of collating, analyzing, following surveys and then transferred 18±13±02 aggregating, maintaining, appending, or to the Federal Records Center, where, SYSTEM NAME: otherwise refining records in this after 15 years, they will be destroyed. system, the Commissioner of Education National Center for Education Statistics may release relevant records to SYSTEM MANAGER(S) AND ADDRESS: Statistics Affidavits of Nondisclosure. Commissioner, National Center for the contractor. The contractor will be SECURITY CLASSIFICATION: required to maintain safeguards under Education Statistics, Office of None. the Privacy Act of 1974 and under Educational Research and Improvement, U.S. Department of Education, 555 New section 406(d)(4) of GEPA (20 U.S.C. SYSTEM LOCATION: 1221e–1(d)(4)) with respect to such Jersey Avenue, NW., Room 400, Washington, DC 20208–5574. See the Appendix to this system records. notice. (2) Research Disclosure. Where the NOTIFICATION PROCEDURE: Commissioner of Education Statistics If you wish to determine whether a CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: determines that an individual or record exists regarding you in the organization is qualified to carry out system of records, contact the system This system contains information on specific research, the Commissioner manager at the address listed above. employees of the National Center for may disclose information from these Your request must meet the Education Statistics (NCES) or other systems of records to that researcher requirements in the regulations at 34 persons who assist NCES in the solely for the purpose of carrying out CFR 5b.5, including proof of identity. performance of its work, who have that research. The researcher shall be access to any record, response form, required to maintain under the Privacy RECORD ACCESS PROCEDURE: completed survey or aggregation thereof Act of 1974 and 20 U.S.C. 1221–e1(d)(4) If you wish to gain access to a record from which information about safeguards with respect to such records. regarding you, contact system manager. individual students, teachers,

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Other persons who may of individuals who have access to records to a party, counsel, assist NCES include employees of individually identifiable information in representative or witness in an companies, profit or nonprofit performance of their duties under the administrative proceeding is relevant organizations, State agencies, local contract or other agreement. and necessary to the litigation, the agencies or instrumentalities having a (2) Enforcement Disclosure. In the Department may disclose those records contract, task order, interagency event that information in this system of as a routine use to the party, counsel, agreement, or some other formal records indicates, either on its face or in representative or witness. agreement with NCES and who have connection with other information, a (7) Employee Grievance, Complaint or access to individually identifiable violation or potential violation of any Conduct Disclosure. The Department information. applicable statute, regulation, or order may disclose a record in this system of of a competent authority, the records to another agency of the Federal CATEGORIES OF RECORDS IN THE SYSTEM: Department may disclose the relevant Government if the record is relevant to This system contains the following records to the appropriate agency, one of the following proceedings information: whether foreign, Federal, State, Tribal, regarding a present or former employee (1) The affidavit of nondisclosure that or local, charged with the responsibility of the Department: Complaint, includes the individual’s name, place of of investigating or prosecuting that grievance, discipline or competence work (company, agency, etc.), signature, violation or charged with enforcing or determination proceedings. The and date signed; and implementing the statute, executive (2) the name of the project or survey disclosure may only be made during the order, rule, regulation, or order issued in which the entity employing the course of the proceeding. pursuant thereto. individual was involved. (8) Freedom of Information Act (3) Litigation and Alternative Dispute (FOIA) Advice Disclosure. The AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Resolution (ADR) Disclosures. Department may disclose records to the Section 406(d)(4) of the General (a) Introduction. In the event that one Department of Justice and the Office of Education Provisions Act, as amended of the parties listed below is involved in Management and Budget if the by Title III, Part A, Section 3001, of litigation or ADR, or has an interest in Department concludes that disclosure is Public Law 100–297, April 28, 1988 (20 litigation ADR, the Department may desirable or necessary in determining U.S.C. 1221e–1(d)(4)). disclose certain records to the parties whether particular records are required described in paragraphs (b), (c) and (d) to be disclosed under the FOIA. PURPOSE(S): of this routine use under the conditions (9) Contract Disclosure. If the This system of records is used for the specified in those paragraphs: Department contracts with an entity for following purposes: (1) To maintain (i) The Department of Education, or the purposes of performing any function information necessary for internal any component of the Department; or that requires disclosure of records in control and monitoring of those having (ii) Any Department employee in his this system to employees of the access to individually identifiable or her official capacity; or contractor, the Department may disclose information; (2) to provide evidence in (iii) Any Department in his or her the records to those employees. Before disciplinary actions or prosecution of individual capacity if the Department of entering into such a contract, the individuals who disclose individually Justice (DOJ) has agreed to provide or Department shall require the contractor identifiable information protected from arrange for representation for the to maintain Privacy Act safeguards disclosure under Section 406(d)(4) of employee; or under 5 U.S.C. 552a(m) with respect to the General Education Provisions Act, (iv) Any Department employee in his such records. as amended; and (3) to ensure that or her individual capacity where the individuals utilized by the agency has agreed to represent the DISCLOSURE TO CONSUMER REPORTING Commissioner of NCES protect the employee; or AGENCIES: individually identifiable data of NCES. (v) The United States where the Not applicable to this system of ROUTINE USES OF RECORDS MAINTAINED IN THE Department determines that the records. SYSTEM, INCLUDING THE CATEGORIES OF USERS litigation is likely to affect the POLICIES AND PRACTICES FOR STORING, AND THE PURPOSES OF THOSE USERS: Department or any of its components. RETRIEVING, ACCESSING, RETAINING, AND The Department of Education (4) Disclosure to the DOJ. If the DISPOSING OF RECORDS IN THE SYSTEM: (Department) may disclose information Department determines that disclosure contained in a record in this system of of certain records to the DOJ is relevant STORAGE: records under the routine uses listed in and necessary to litigation and ADR, the Information will be kept in file folders this system of records without the Department may disclose those records and on computer diskettes or computer consent of the individual if the as a routine use to the DOJ. tapes. disclosure is compatible with the (5) Administrative Disclosures. If the purpose for which the record was Department determines that disclosure RETRIEVABILITY: collected. These disclosures may be of certain records to an adjudicative The records will be retrievable by made on a case-by-case basis or, if the body before which the Department is name, date, and place of work of the Department has complied with the authorized to appear, an individual or individual. computer matching requirements of the entity designated by the Department or Act, under a computer matching otherwise empowered to resolve or SAFEGUARDS: agreement. mediate disputes is relevant and The records will be kept in locked (1) Contractor Disclosure. A record necessary to the administrative files. The computer tapes and diskettes may be disclosed from this system of litigation, the Department may disclose will be accessible by authorized records to employees of entities having those records as a routine use to the personnel through identification a contract or other agreement with the adjudicative body, individual, or entity. number and password.

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RETENTION AND DISPOSAL: MPR Associates, 1995 University Avenue, ROUTINE USES OF RECORDS MAINTAINED IN THE Each affidavit will be kept for 5 years Suite 225, Berkeley, CA 94704. SYSTEM, INCLUDING CATEGORIES OF USERS AND after the individual access to NCES Abt Associates, 55 Wheeler Street, THE PURPOSES OF SUCH USES: confidential data has ceased and then Cambridge, MA 02138. The Department of Education Pelavin Research Institute, 1,000 Thomas will be transferred to the Federal (Department) may disclose information Jefferson Street, Suite 400, Washington, contained in a record in this system of Records Center, where it can remain up DC 20007. to 15 years before it is destroyed. Institute for Social Research, Survey records under the routine uses listed in Research Associates, University of this system of records without the SYSTEM MANAGER(S) AND ADDRESS: Michigan, 426 Thompson, Ann Arbor, consent of the individual if the Chief Statistician & Individual Survey MI 48106. disclosure is compatible with the Project Officers, National Center for School of Education, University of Michigan, purposes for which the record was Education Statistics, U.S. Department of 610 E. University, Ann Arbor, MI 48109. collected. These disclosures may be Education, 555 New Jersey Avenue, 18±13±03 made on a case-by-case basis or, if the NW., Washington, DC 20208-5574. Department has complied with the NOTIFICATION PROCEDURE: SYSTEM NAME: computer matching requirements of the Act, under a computer matching If you wish to determine whether a National Center for Education agreement. record exists regarding you in this Statistics’ National Assessment of Educational Progress. During a six-month verification system of records, contact the system period, individually identifiable manager at the address listed above and SECURITY CLASSIFICATION: information about individuals who provide your name, place of work (i.e. None. leave school early or are young adults is company, agency, etc.), and the dates of subject to the Privacy Act, and may be employment. Your request must meet SYSTEM LOCATION: disclosed under routine uses that are the requirements in the regulations at 34 WESTAT, 1650 Research Boulevard, consistent with the Commissioner’s CFR 5b.5, including proof of identity. Rockville, MD 20850. authority under section 406(d)(4) of RECORD ACCESS PROCEDURESS: Educational Testing Service, Rosedale GEPA (20 U.S.C. 1221e-1(d)(4)). The If you wish to gain access to records Road, Princeton, NJ 08541. routine uses that apply to this period regarding you in this system of records, National Computer Systems, 2510 N. permit disclosures to individuals who: contact the system manager and provide Dodge Street, Iowa City, IA 52245. (1) Take the oath and sign an affidavit your name, place of work (i.e. company, of nondisclosure required under 20 agency, etc.), and the dates of CATEGORIES OF INDIVIDUALS COVERED BY THE U.S.C. 9007; SYSTEM: employment. Your request must meet (2) Work for a contractor, grantee, or the requirements in the regulations at 34 This system contains information on party to a cooperative agreement or CFR 5b.5, including proof of identity. the following individuals: (1) other entity that has an agreement with Individuals who leave school early as the Commissioner to conduct research CONTESTING RECORD PROCEDURES: early graduates or as drop-outs (defined for National Center for Education If you wish to contest the content of as 17-year-olds who are no longer in Statistics (NCES), or a record regarding you, contact the school) and are covered during a six (3) Work under a research contract, system manager. Your request to amend month data verification period; (2) grant, or cooperative agreement with a a record must meet the requirements of young adults in the study who are Federal, State, or local agency that 43 CFR 5b.7. covered during a six month data requires the use of individually verification period; and (3) individual identifiable information, and the RECORD SOURCE CATEGORIES: schools which are covered under the research is compatible with the purpose Information in the records comes from National Assessment of Educational for which NCES collected the data, or individuals who have signed the Progress (NAEP) statute (20 U.S.C. 9010 (4) Work under an agreement in affidavits of nondisclosure. (c)(2)(A)). writing to: SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS (i) Use the information for statistical CATEGORIES OF RECORDS IN THE SYSTEM: OF THE ACT: purposes only, (ii) Maintain the data in accordance None. Records contain responses to assessment and survey instruments. The with applicable Federal laws, Appendix to 18–13–02 contents of these instruments are of two (iii) Prohibit redisclosure in Additional System Locations types: (1) Cognitive test items to assess identifiable form, and the educational achievement of students (iv) Permit NCES’ periodic inspection National Center for Education Statistics, U.S. to determine adherence to the contract Department of Education, 555 New and young adults in various subject Jersey Avenue, NW., Washington, DC areas taught in school; and (2) questions or agreement. 20202–5574. about student demographic and Regarding the records of individual U.S. Bureau of the Census, Federal Office background variables as well as the schools, which, under 20 U.S.C. Building 3, Washington, DC 20233. characteristics of teachers and schools. 9010(c)(2)(A), must be treated as WESTAT, 1650 Research Boulevard, individuals subject to the Privacy Act, Rockville, Maryland 20850. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: NCES may make routine use Research Triangle Institute, P.O. Box 12194, 20 U.S.C. 9010. disclosures, consistent with the Research Triangle Park, North Carolina statistical purposes for which a record 27709. PURPOSE(S): was supplied, as follows: National Opinion Research Center, 1155 E. The purpose of the National (1) Contract Disclosure. If the 60th Street, Chicago, Illinois 60637– 2799. Assessment of Educational Progress Department contracts with an entity for Educational Testing Service, 1825 Eye Street, (NAEP), funded by the Department of the purposes of performing any function NW, Suite 475, Washington, DC 20006. Education, is to provide information on that requires disclosure of records in The Gallup Organization, One Church Street, the educational achievement of young this system to employees of the Suite 900, Rockville, MD 20850. Americans over time. contractor, the Department may disclose

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If the facility is housed within a fire-resistant Department may disclose records to a Department determines that disclosure masonry and steel door structure. researcher if an appropriate official of of certain records to an adjudicative Physical access to the facility is the Department determines that the body before which the Department is electronically controlled through individual or organization to which the authorized to appear, an individual or magnetically imprinted identification disclosure would be made is qualified to entity designated by the Department or badges and is limited to authorized staff carry out specific research related to otherwise empowered to resolve or who have functional responsibilities functions or purposes of this system of mediate disputes is relevant and within the secured areas. Open-ended records. The official may disclose necessary to the administrative responses are kept indefinitely. records from this system of records to litigation, the Department may disclose However, data that could be used to that researcher solely for the purpose of those records as a routine use to the identify individuals are destroyed six carrying out that research related to the adjudicative body, individual, or entity. months after collection. functions or purposes of this system of (d) Parties, counsels, representatives SYSTEM MANAGER(S) AND ADDRESS: records. The researcher shall be and witnesses. If ED determines that required to maintain Privacy Act disclosure of certain records to a party, Associate Commissioner, Educational safeguards with respect to the disclosed counsel, representative or witness in an Assessment Division, National Center records. administrative proceeding is relevant for Education Statistics, Office of (3) Congressional Member Disclosure. and necessary to the litigation, the Educational Research and Improvement, The Department may disclose records to Department may disclose those records U.S. Department of Education, 555 New a member of Congress from the record as a routine use to the party, counsel, Jersey Avenue, NW., Room 308C, of an individual in response to an representative or witness. Washington, DC 20208–5653. inquiry from the member made at the NOTIFICATION PROCEDURES: written request of that individual. The POLICIES AND PRACTICES FOR RETRIEVING, member’s right to the information is no ACCESSING, RETAINING AND DISPOSING OF If you wish to determine whether a greater than the right of the individual RECORDS IN THE SYSTEM: record regarding you exists in this who requested it. system of records, you should contact STORAGE: (4) Freedom of Information Act the system manager at the address listed (FOIA) Advice Disclosure. The The records are maintained on above and provide your name, date of Department may disclose records to the magnetic tape and computer disk media. birth and social security number. Your Department of Justice and the Office of requests must meet the requirements of Management and Budget if the RETRIEVABILITY: the regulations at 34 CFR 5b.5, Department concludes that disclosure is Records are retrievable by assessment including proof of identity. desirable or necessary in determining year, subject area, age or grade at the RECORD ACCESS PROCEDURES: whether particular records are required school or individual respondent level. to be disclosed under the FOIA. If you wish to gain access to a record (5) Litigation and Alternative Dispute SAFEGUARDS: in this system of records, you should contact the system manager and provide Resolution (ADR) Disclosures. Access to the restricted-use data files the information described in the (a) Introduction. In the event that one and completed test booklets and forms Notification Procedures. Your request of the parties listed below is involved in is severely limited to key contractor and must meet the requirements of the litigation or ADR, or has an interest in NCES staff. User access to the restricted- regulations at 34 CFR 5b.5, including litigation ADR, ED may disclose certain use data files has three levels of data proof of identity. records to the parties described in access protection. Access to the files is paragraphs (b), (c) and (d) of this routine restricted to authorized NAEP staff who CONTESTING RECORD PROCEDURES: use under the conditions specified in have a valid need for immediate access If you wish to contest information those paragraphs: to NAEP data. This access is controlled contained in this system of records, you (i) The Department of Education, or and monitored by the use of secure ‘‘log- should contact the system manager. You any component of the Department; or on’’ identification and password should specify the particular record you (ii) Any Department employee in his protection schemes. Access to are seeking to amend, whether a or her official capacity; or individual restricted-use data files is deletion, an addition, or a substitution (iii) Any Department employee in his controlled by an access control facility is being sought and the reason(s) for the or her individual capacity if the that restricts users to only those files requested change(s). Your request Department of Justice (DOJ) has agreed that are necessary and approved for should meet the requirements of the to provide or arrange for representation their perusal. In addition, the restricted- regulations at 34 CFR 5b.7. for the employee; use data files are backed-up to an off- (iv) Any Department employee in his site secure location that will protect RECORD SOURCE CATEGORIES: or her individual capacity where the NAEP data in the event of a computer The information in this system comes agency has agreed to represent the center disaster. This off-site storage is in from the data collected from the subject employee; or a secure vault that is physically individuals and individual schools. (v) The United States where the protected from unauthorized entry. The Department determines that the open-ended responses are stored in a SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS litigation is likely to affect the secure warehouse with access limited to OF THE ACT: Department or any of its components. NAEP project staff. None.

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18±13±04 disclosure is compatible with the SYSTEM MANAGER(S) AND ADDRESS: purpose for which the record was SYSTEM NAME: Director, National Institute on collected and only as needed to perform Postsecondary Education, Libraries and Outcomes of Diversity in Higher one or more of the following routine Lifelong Learning, U.S. Department of Education Surveys. uses: Education, 555 New Jersey Avenue, SECURITY CLASSIFICATION: (1) Contract Disclosure. When OERI NW., Room 627, Washington, DC None. intends to contract with a private firm 20208–5531. for the purpose of collating, analyzing, SYSTEM LOCATION: aggregating, maintaining, appending, or NOTIFICATION PROCEDURE: National Institute on Postsecondary otherwise refining records in this If you wish to determine whether a Education, Libraries, and Lifelong system, the Director may release record exists regarding you, contact the Learning, U.S. Department of Education, relevant records to the contractor. The system manager at the address listed 555 New Jersey Avenue, NW., Room contractor will be required to maintain above. Your requests must meet the 627, Washington, DC 20208–5531. See safeguards under the Privacy Act of requirements in the regulations at 34 the Appendix at the end of this system 1974 and under section 406(d)(4) of CFR 5b.5. notice for additional system locations. GEPA (20U.S.C. 1221e–1(d)(4)) with respect to such records. RECORD ACCESS PROCEDURES: CATEGORIES OF INDIVIDUALS COVERED BY THE (2) Research Disclosure. Where the Same as Notification Procedure. SYSTEM: Director determines that an individual This system contains data on the or organization is qualified to carry out CONTESTING RECORD PROCEDURES: following individuals: (1) specific research, the Director may If you wish to contest the content of Approximately 5500 students who were disclose information from these systems a record, contact the system manager. first-time freshmen in Fall 1998 at 9 of records to that researcher solely for Any requests to amend a record must four-year institutions of higher the purpose of carrying out that meet the requirements of 34 CFR 5b.7. education; (2) approximately 300 faculty research. The researcher shall be RECORD SOURCE CATEGORIES: who teach freshmen at those required to maintain Privacy Act of institutions; and (3) approximately 45 1974 and 20 U.S.C. 1221e–1(d)(4) Information in the records comes from administrators of those institutions. safeguards with respect to such records. the responses to survey instruments. There will be follow-up data for spring POLICIES AND PRACTICES FOR STORING, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS of 1999 and spring of 2000 on the initial RETRIEVING, ACCESSING, RETAINING, AND OF THE ACT: set of freshmen respondents. DISPOSING OF RECORDS IN THE SYSTEM: None. CATEGORIES OF RECORDS IN THE SYSTEM: STORAGE: Appendix to 18–13–04 This system consists of responses to The research and location files will be Additional System Locations survey instruments and interview stored on separate computer diskettes. protocols. In addition to background Mathtech, Inc., 6402 Arlington Blvd., Suite RETRIEVABILITY: and demographic data, the survey 1200, Falls Church, VA 22042–2356. Aggregate files may be retrieved by Mathtech, Inc., 202 Carnegie Center, Suite instruments include sets of items 111, Princeton, NJ 08540–6239. concerning perception of institutional title of survey. The location files will be destroyed upon completion of this Mathtech, Inc., 180 Pembrooke Circle, commitment to diversity, attitudes, Phoenixville, PA 19460. campus climate, knowledge of multiple project as there will be no future need cultures and pedagogy. The opinions of to retrieve an individual record. Only 18±14±01 the completed interview protocols will students, faculty and administrators SYSTEM NAME: concerning diversity and be retained in hard copy by title of multiculturalism are also represented. individual interviewed at each of the Educationally Disadvantaged nine institutions. Students Attending Private Schools AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Served Through Bypass Contracts. SAFEGUARDS: 20 U.S.C. 6031 (h) (Supp. 1998). The research files and location files SECURITY CLASSIFICATION: PURPOSE(S): cannot be merged in the form None. The information contained in the maintained and stored since the system is used for the following identification codes on each file are SYSTEM LOCATION: purposes: (1) To increase understanding different. They can be related by use of Contractor serving the State of of the effects of diversity in higher an encryption algorithm known only to Virginia: Nonpublic Educational education on all students by examining a few staff authorized to work with the Services, Inc., 14416 Jefferson Davis incoming attitudes of first-time data files. When in active use for Highway, Suite 11, Woodbridge, VA freshmen and changes in attitudes and editing, tabulation and analysis, files of 22191. cognitive development concerning information and identifiers will not be Contractor serving the State of issues of diversity and multiculturalism; kept together unless necessary for data Missouri: Blue Hills Homes and (2) to assess pedagogy and student processing. Tapes, discs and Corporation, 1020 East 63rd Street, participation, attainment, development, questionnaires will be kept in locked Kansas City, MO 64110. files. attitudes and knowledge. CATEGORIES OF INDIVIDUALS COVERED BY THE ROUTINE USES OF RECORDS MAINTAINED IN THE RETENTION AND DISPOSAL: SYSTEM: SYSTEM, INCLUDING CATEGORIES OF USERS AND The records will be kept for five years This system contains records on THE PURPOSES OF SUCH USES: after the final survey administration, in selected elementary and secondary The Department may disclose spring of 2000. In the spring of 2005, the school students whom: information contained in a record in records will be transferred to the (1) Attend private schools; this system of records without the Federal Records Center, where, after 15 (2) Reside in target areas of bypassed consent of the individual if the years, they will be destroyed. local educational agencies; and

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(3) Participate in the program for records indicates, either on its face or in (d) Parties, counsels, representatives students who are failing or most at risk connection with other information, a and witnesses. If the Department of failing under Title I of the Elementary violation or potential violation of any determines that disclosure of certain and Secondary Education Act of 1965 as applicable statute, regulation, or order records to a party, counsel, amended. of a competent authority, the representative or witness in an Department may disclose the relevant administrative proceeding is relevant CATEGORIES OF RECORDS IN THE SYSTEM: records to the appropriate agency, and necessary to the litigation, the This system contains student whether foreign, Federal, State, Tribal, Department may disclose those records documents such as test scores, report or local, charged with the responsibility as a routine use to the party, counsel, cards, individual instructional records of investigating or prosecuting that representative or witness. and reports from teachers to other violation or charged with enforcing or (5) Freedom of Information Act teachers and parents. implementing the statute, executive (FOIA) Advice Disclosure. The AUTHORITY FOR MAINTENANCE OF THE SYSTEM: order, rule, regulation, or order issued Department may disclose records to the Department of Justice and the Office of Elementary and Secondary Education pursuant thereto. Management and Budget if the Act of 1965 1120(d), 20 U.S.C. 6321. (3) Congressional Member Disclosure. The Department may disclose records to Department concludes that disclosure is PURPOSE(S): a member of Congress from the record desirable or necessary in determining The information contained in this of an individual in response to an whether particular records are required system is used for a variety of purposes. inquiry from the member made at the to be disclosed under the FOIA. The standardized test scores obtained at written request of that individual. The (6) Employment, Benefit, and the beginning of a year are used to Member’s right to the information is no Contracting Disclosure. determine the eligibility of students for greater than the right of the individual (a) For Decisions by the Department. The Department may disclose a record participation in the Title I program. The who requested it. to a Federal, State, or local agency report cards and reports of Title I (4) Litigation and Alternative Dispute maintaining civil, criminal, or other teachers to regular classroom teachers Resolution (ADR) Disclosures. relevant enforcement or other pertinent and to parents are used to report the (a) Introduction. In the event that one records, or to another public authority progress students are making during the of the parties listed below is involved in school year. The scores on the or professional organization, if litigation or ADR, or has an interest in necessary to obtain information relevant achievement tests given at the end of a litigation ADR, the Department may school year are used to measure the to a Department decision concerning the disclose certain records to the parties hiring or retention of an employee or progress students have made during the described in paragraphs (b), (c) and (d) year and the degree to which the other personnel action, the issuance of of this routine use under the conditions a security clearance, the letting of a objectives of the Title I progress have specified in those paragraphs: contract, or the issuance of a license, been met. The purpose of the individual (i) The Department of Education, or grant, or other benefit. instructional record is to provide a plan any component of the Department; or (b) For Decisions by Other Public for meeting the students’ instructional (ii) Any Department employee in his Agencies and Professional needs. or her official capacity; or Organizations. The Department may ROUTINE USES OF RECORDS MAINTAINED IN THE (iii) Any Department employee in his disclose a record to a Federal, State, SYSTEM, INCLUDING CATEGORIES OF USERS AND or her individual capacity if the local, or foreign agency or other public THE PURPOSES OF SUCH USES: Department of Justice (DOJ) has agreed authority or professional organization, The Department of Education to provide or arrange for representation in connection with the hiring or (Department) may disclose information for the employee; retention of an employee or other contained in a record on this system of (iv) Any Department employee in his personnel action, the issuance of a records under the routine uses listed in or her individual capacity where the security clearance, the reporting of an this system of records without the agency has agreed to represent the investigation of an employee, the letting consent of the individual if the employee; or of a contract, or the issuance of a disclosure is compatible with the (v) The United States where the license, grant, or other benefit, to the purposes for which the record was Department determines that the extent that the record is relevant and collected. These disclosures may be litigation is likely to affect the necessary to the receiving entity’s made on a case-by-case basis or, if the Department or any of its components. decision on the matter. Department has complied with the (b) Disclosure to the DOJ. If the (7) Disclosure for Use by Other Law computer matching requirements of the Department determines that disclosure Enforcement Agencies. The Department Act, under a computer matching of certain records to the DOJ is relevant may disclose information to any agreement. and necessary to litigation or ADR, the Federal, State, local, or foreign agency (1) Educational Disclosures. Title I Department may disclose those records or other public authority responsible for teachers make information contained in as a routine use to the DOJ. enforcing, investigating, or prosecuting this system of records available to (c) Administrative Disclosures. If the violations of administrative, civil, or regular classroom teachers and to the Department determines that disclosure criminal law or regulation if that parents of those students to explain the of certain records to an adjudicative information is relevant to any eligibility of students and their progress body before which the Department is enforcement, regulatory, investigative, in the Title I program. Supervisors of authorized to appear, an individual or or prosecutive responsibility within the the Title I teachers also use the entity designated by the Department or receiving entity’s jurisdiction. information contained in this system of otherwise empowered to resolve or (8) Employee Grievance, Complaint or records as a part of the monitoring mediate disputes is relevant and Conduct Disclosure. The Department process to measure progress being made necessary to the administrative may disclose a record in this system of toward achieving program objectives. litigation, the Department may disclose records to another agency of the Federal (2) Enforcement Disclosure. In the those records as a routine use to the Government if the record is relevant to event that information in this system of adjudicative body, individual, or entity. one of the following proceedings

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If the Department contracts with an entity for Records are maintained in the None. contractor’s office or storage facility for the purposes of performing any function 18±14±02 that requires disclosure of records in at least three years after final payment this system to employees of the on the contract. Disposal of records are SYSTEM NAME: contractor, the Department may disclose in accordance with the Department of Fellowships for Indian Students— the records to those employees. Before Education Records Disposition Applications and Awards. entering into such a contract, the Schedules (ED/RDS). SECURITY CLASSIFICATION: Department shall require the contractor SYSTEM MANAGER(S) AND ADDRESS: None. to maintain Privacy Act safeguards as Director, Compensatory Education required under 5 U.S.C. 552a(m) with Programs, U.S. Department of SYSTEM LOCATION: respect to the records in the system. Education, 400 Maryland Avenue, SW., Office of Indian Education, Office of (10) Research Disclosure. The Room 3W230, Washington, DC 20202. Elementary and Secondary Education, Department may disclose records to a 1250 Maryland Avenue, SW., Room researcher if an appropriate official of NOTIFICATION PROCEDURE: 4300, Portal Building, Washington, DC the Department determines that the If a student or his or her parent or 20202–6335. individual or organization to which the guardian wishes to determine whether a disclosure would be made is qualified to record exists regarding them in this CATEGORIES OF INDIVIDUALS COVERED BY THE carry out specific research related to system of records, he or she must notify SYSTEM: functions or purposes of this system of the appropriate contractor for the State American Indians who are citizens of records. The official may disclose served by the bypass contract. The name the United States or residents of the records from this system of records to and address of the appropriate United States for other than a temporary that researcher solely for the purpose of contractor is listed under the system purpose, who have been accepted by carrying out that research related to the location of this notice. For institutions of higher education in a functions or purposes of this system of identification, the authorized individual program leading to an undergraduate or records. The researcher shall be seeking information should provide the graduate degree in the fields of Business required to maintain Privacy Act name, home address, and school of the Administration, Engineering and safeguards with respect to the disclosed student for whom information is being Natural Resources or related fields, and records. requested. The request must meet the graduate degree in the fields of requirements in the regulations at 34 education, law and medicine or related DISCLOSURES TO CONSUMER REPORTING AGENCIES: CFR 5b.5. fields, and who have applied to Department’s Office of Indian Education Not applicable to this system of RECORD ACCESS PROCEDURES: for a fellowship. records. In order to gain access to a record in this system, you should contact the CATEGORIES OF RECORDS IN THE SYSTEM: POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND contractor listed in the system location Name, address, phone number, date DISPOSING OF RECORDS IN THE SYSTEM: or the system manager. You should and place of birth, tribal affiliation, provide the contractor with the tribal roll number, social security STORAGE: information listed in the Notification number, sex, marital status, citizenship, Each student’s records are kept in a Procedure of this notice and reasonably names of dependents, educational separate file folder. All folders are filed specify the record contents being background, employment background, in a locked filing cabinet in the Title I sought. The request must meet the educational transcripts, references, classroom. After a student no longer requirements of the regulations at 34 income information, admission test participates in the program, his or her CFR 5b.5, including proof of identity. scores. records are transferred to the contractor’s office or storage facility CONTESTING RECORD PROCEDURES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: where they are stored in locked filing If you wish to contest the content of Indian Education Act of 1972, as cabinets. the record of a participating Title I amended, Pub. L. 92–318, Part B, student, you should contact the section 423. RETRIEVABILITY: contractor for the State served by the The records are indexed by student bypass contract. You should identify ROUTINE USES OF RECORDS MAINTAINED IN THE names, school attended and year of yourself and state, in writing, which SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: attendance at that school. portion of the record you desire to be changed and provide a justification and The Department of Education SAFEGUARDS: authorization for the change. The (Department) may disclose information The records are secured in a locked contractor will forward the request to contained in a record in this system of filing cabinet. The key is kept by the the system manager. The request must records under the routine uses listed in Title I teacher. After a student no longer meet the requirements of the regulations this system of records without the participates in the program, the records at 34 CFR 5b.7. consent of the individual if the are transferred to the contractor’s office disclosure is compatible with the or storage facility where they are stored RECORD SOURCE CATEGORIES: purpose for which the record was in a locked filing cabinet. Direct access The information in this system comes collected. These disclosures may be is restricted to the Title I teacher and from test scores on achievement tests for made on a case-by-case basis or, if the

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Department has complied with the planning, reporting and publicity Room 5618, Washington, DC 20202– computer matching requirements of the purposes. 6642. Act, under a computer matching agrement. RETENTION AND DISPOSAL: CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: (1) Advisory Council Disclosure. Records on fellowship holders are Information may be released to members maintained and disposed of in This system contains records about of the National Advisory Council on accordance with the Department of individuals who apply for acceptance in Indian Education. Education Records Disposition the program, and if approved, who (2) Field Readers Disclosure. Field Schedules (ED/RDS). participate in the fellowship program. Readers for the purpose of determining SYSTEM MANAGER(S) AND ADDRESS: CATEGORIES OF RECORDS IN THE SYSTEM: eligibility and recommending awardees; Director, Office of Indian Education, This system consists of a variety of selected data for developing brochures records relating to a student’s describing the Fellows and their career Office of Elementary and Secondary Education, ATTN: Education Program application for, and participation in, the goals for public information purposes. fellowship program. In addition to the (3) Congressional Member Disclosure. Specialist for Fellowships, U.S. Department of Education, 400 Maryland student’s name, the system contains the The Department may disclose records to student’s address, telephone number, a member of Congress from the record Avenue SW., Room 4300, Washington, DC 20202–6335. social security number, name of the of an individual in response to an institution attended, amount of award, inquiry from the member made at the NOTIFICATION PROCEDURE: obligation status, degree sought, field of written request of that individual. The If you wish to determine whether a study, and the name and address of the member’s right to the information is no record exists regarding you in this employer. greater than the right of the individual system of records, provide the system who requested it. manager with your name, the year of the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (4) Litigation and Alternative Dispute award, the name of the grantee Title VII, Part A of the Bilingual Resolution (ADR) Disclosures. institution, and type of award. Your Education Act of 1994, as amended (a) Introduction. In the event that one request must meet the requirements of (Pub. L. 103–382) (20 U.S.C. 7475 of the parties listed below is involved in the regulations at 34 CFR 5b.5, (1994)). The program regulations are litigation or ADR, or has an interest in including proof of identity. found in 34 CFR part 535. litigation or ADR, the Department may disclose certain records to the parties RECORD ACCESS PROCEDURES: PURPOSE(S): described in paragraphs (b), (c) or (d) of To gain access to records regarding The information contained in this this routine use under the conditions you in this system of records, follow the system is used for the purposes of specified in those paragraphs: Notification Procedure described above. administering the Bilingual Education (i) The Department of Education, any Your request must meet the Graduate Fellowship Program, component of the Department; or requirements of the regulations at 34 including enforcing the terms and (ii) Any Department employee in his CFR 5b.5, including proof of identity. conditions of the contracts signed by the or her official capacity; or fellows, permitting the collections on (iii) Any Department employee in his CONTESTING RECORD PROCEDURES: loans, and locating delinquent or or her individual capacity if the If you wish to contest the content of defaulted debtors. Department of Justice (DOJ) has agreed a record regarding you in this system of to provide or arrange for representation ROUTINE USES OF RECORDS MAINTAINED IN THE records, contact the system manager at SYSTEM, INCLUDING CATEGORIES OF USERS AND for the employee; or the address listed above and reasonably THE PURPOSE OF SUCH USES: (iv) Any Department employee in his identify the record and specify the The Department of Education or her official capacity where the agency information to be contested. Your has agreed to represent the employee; or (Department) may disclose information request must meet the requirements of contained in a record in this system of (v) The United States where the the regulations at 34 CFR 5b.7. Department determines that the records under the routine uses listed in litigation is likely to affect the RECORD SOURCE CATEGORIES: this system of records without the Department or any of its components. Information is obtained from the consent of the individual, if the individual applicant and from disclosure is compatible with the POLICIES AND PRACTICES FOR STORING, references submitted by the applicant purposes for which the record was RETRIEVING, ACCESSING, RETAINING, AND on approved forms. collected. These disclosures may be DISPOSING OF RECORDS IN THE SYSTEM: made on a case-by-case basis or, if the STORAGE: SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS Department has complied with the The records are maintained in hard OF THE ACT: computer matching requirements of the copy, filed in locked standard file None. Act, under a computer matching cabinets. agreement. 18±15±01 (1) Disclosure for Use by Other Law RETRIEVABILITY: SYSTEM NAME: Enforcement Agencies. The Department Records are accessed by individual Bilingual Education Graduate may disclose information to any names only by authorized Department Fellowship Program. Federal, State, local, or foreign agency staff and Field Readers for the purposes or other public authority responsible for of determining eligibility; selecting SECURITY CLASSIFICATION: enforcing, investigating, or prosecuting Fellows: Establishing allowances for None. violations of administrative, civil, or stipends, dependents, tuition, and other criminal law or regulation if that expenses; determining continued SYSTEM LOCATION: information is relevant to any eligibility; and developing profile U.S. Department of Education, Office enforcement, regulatory, investigative, information regarding recipients of of Bilingual Education and Minority or prosecutive responsibility within the fellowships for program evaluation, Languages Affairs, 330 C Street, SW., receiving entity’s jurisdiction.

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(2) Enforcement Disclosure. In the as a routine use to the party, counsel, Department which is determined to be event that information in this system of representative or witness. valid and overdue as follows: (1) The records indicates, either on its face or in (4) Freedom of Information Act name, address, taxpayer identification connection with other information, a (FOIA) Advice Disclosure. The number and other information necessary violation or potential violation of any Department may disclose records to the to establish the identity of the applicable statute, regulation, or order Department of Justice and the Office of individual responsible for the claim; (2) of a competent authority, the Management and Budget if the the amount, status, and history of the Department may disclose the relevant Department concludes that disclosure is claim; and (3) the program under which records to the appropriate agency, desirable or necessary in determining the claim arose. The Department may whether foreign, Federal, State, Tribal, whether particular records are required disclose the information specified in or local, charged with the responsibility to be disclosed under the FOIA. this paragraph under 5 U.S.C. of investigating or prosecuting that (5) Disclosure to the Department of 552a(b)(12) and the procedures violation or charged with enforcing or Justice (DOJ). The Department may contained in subsection 31 U.S.C. implementing the statute, executive disclose records to the DOJ to the extent 3711(e). A consumer reporting agency to order, rule, regulation, or order issued necessary for obtaining DOJ advice on which these disclosures may be made is pursuant thereto. any matter relevant to an audit, defined at 31 U.S.C. 3701(a)(3). (3) Litigation and Alternative Dispute inspection, or other inquiry related to Resolution (ADR) Disclosures. the programs covered by this system. POLICIES AND PRACTICES FOR STORING, (a) Introduction. In the event that one (6) Contract Disclosure. If the RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: of the parties listed below is involved in Department contracts with an entity for litigation or ADR, or has an interest in the purposes of performing any function STORAGE litigation ADR, ED may disclose certain that requires disclosure of records in The records are maintained in hard records to the parties described in this system to employees of the copy and on an access-controlled paragraphs (b), (c) and (d) of this routine contractor, the Department may disclose personal computer. use under the conditions specified in the records to those employees. Before those paragraphs: entering into such a contract, the RETRIEVABILITY: (i) The Department of Education, or Department shall require the contractor The file is indexed by Social Security any component of the Department; or to maintain Privacy Act safeguards as number or name. Data for awards made (ii) Any Department employee in his required under 5 U.S.C. 552a(m) with under the Bilingual Education Graduate or her official capacity; or respect to the records in the system. Fellowship Program are retrieved by (iii) Any Department employee in his (7) Research Disclosure. The social security number or name. or her individual capacity if the Department may disclose records to a Department of Justice (DOJ) has agreed researcher if an appropriate official of SAFEGUARDS: to provide or arrange for representation the Department determines that the All physical access to the for the employee; individual or organization to which the Department’s site where this system of (iv) Any Department employee in his disclosure would be made is qualified to records is maintained is controlled and or her individual capacity where the carry out specific research related to monitored by security personnel who agency has agreed to represent the functions or purposes of this system of check each individual entering the employee; or records. The official may disclose building for his or her employee or (v) The United States where the records from this system of records to visitor badge. The computer system Department determines that the that researcher solely for the purpose of employed by the Department offers a litigation is likely to affect the carrying out that research related to the high degree of resistance to tampering Department or any of its components. functions or purposes of this system of and circumvention. This security (b) Disclosure to the DOJ. If the records. The researcher shall be system limits data access to Department Department determines that disclosure required to maintain Privacy Act and contract staff on a ‘‘need-to-know’’ of certain records to the DOJ is relevant safeguards with respect to the disclosed basis, and controls individual users’ and necessary to litigation or ADR, the records. ability to access and alter records within Department may disclose those records (8) Congressional Member Disclosure. the system. All users of this system of as a routine use to the DOJ. The Department may disclose records to records are given a unique user ID with (c) Administrative Disclosures. If the a member of Congress from the record personal identifiers. All interactions by Department determines that disclosure of an individual in response to an individual users with the system are of certain records to an adjudicative inquiry from the member made at the recorded. body before which the Department is written request of that individual. The RETENTION AND DISPOSAL: authorized to appear, an individual or member’s right to the information is no entity designated by the Department or greater than the right of the individual Records of individual awards are otherwise empowered to resolve or who requested it. destroyed five years after cancellation, mediate disputes is relevant and (9) Disclosure to the Office of forgiveness, final payment to grantee, or necessary to the administrative Management and Budget (OMB) for audit, of the loan, whichever is sooner. litigation, the Department may disclose Credit Reform Act (CRA) Support. The Records relating to those individuals those records as a routine use to the Department may disclose records to who are not approved to participate in adjudicative body, individual, or entity. OMB as necessary to fulfill CRA the fellowship program are transferred (d) Parties, counsels, representatives requirements. to the Federal Records Center and and witnesses. If the Department destroyed three years after the date of determines that disclosure of certain DISCLOSURE TO CONSUMER REPORTING rejection or withdrawal. records to a party, counsel, AGENCIES: representative or witness in an Disclosures pursuant to 5 U.S.C. SYSTEM MANAGER AND ADDRESS: administrative proceeding is relevant 552a(b)(12): The Department may Education Program Specialist, and necessary to the litigation, the disclose to a consumer reporting agency Bilingual Education Graduate Department may disclose those records information regarding a claim by the Fellowship Program, Office of Bilingual

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Education and Minority Languages you should contact the system manager record requested for amendment; (3) Affairs, U.S. Department of Education, and provide the information as whether a deletion, an addition, or a 400 Maryland Avenue, SW., Room 5618, described in the Notification Procedure. substitution is being sought; and (4) the Switzer Building, Washington, DC In order to avoid excessive delays and reason(s) for the requested change(s). 20202–6642. exchanges of correspondence, you are You should include in your requests encouraged to request both notification any appropriate documentation NOTIFICATION PROCEDURE: and access at the same time. Requests supporting the requested change(s). If you wish to determine whether a for access to a record should reasonably Your request must meet the record exists regarding you in this specify the particular record content requirements of the regulations at 34 system of records, provide the system being sought. Your request must meet CFR 5b.7. manager with your name, date of birth, the requirements of the regulations at 34 social security number, and the name of CFR 5b.5, including proof of identity. RECORD SOURCE CATEGORIES: the school through which the award was obtained. You may present your request CONTESTING RECORD PROCEDURES: Information is obtained from in person at the system manager’s fellowship recipients, institutions of address indicated above. Your request If you wish to contest information higher education, and employers. must meet the requirements of the contained in a record in this system of regulations at 34 CFR 5b.5, including records, you should contact the system SYSTEM EXEMPTED FROM CERTAIN PROVISIONS proof of identity. manager. Requests for amendment of OF THE ACT: records may be made either in writing None. RECORD ACCESS PROCEDURES: or in person, and should specify: (1) The If you wish to gain access to a record system of records from which the record [FR Doc. 99–12656 Filed 6–3–99; 8:45 am] regarding you in this system of records, is to be retrieved; (2) the particular BILLING CODE 4000±01±P

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ENVIRONMENTAL PROTECTION action include primary lead smelters the 174 categories of sources listed. The AGENCY (SIC 3339). This action will affect three category consists of smelters that existing primary lead smelting facilities process lead bearing ore concentrates 40 CFR Part 63 and any new primary lead smelting into lead metal. The listing was based [AD±FRL±6345±8] facilities built in the future. on the Administrator’s determination Technology Transfer Network. The that primary lead smelters may RIN 2060±AE97 text of today’s notice will also be reasonably be anticipated to emit available on the Technology Transfer several of the 188 listed HAP’s in National Emission Standards for Network (TTN), one of EPA’s electronic quantities sufficient to designate them Hazardous Air Pollutants for Primary bulletin boards. The TTN provides as major sources. Information Lead Smelting information and technology exchange in subsequently collected by the EPA as AGENCY: Environmental Protection various areas of air pollution control. part of this rulemaking confirms that all Agency (EPA). The service is free, except for the cost three operating primary lead smelters ACTION: Final rule. of a phone call. Dial (919) 541–5742 for have the potential to emit greater than up to a 14,400 BPS modem. The TTN 9.1 megagrams per year (Mg/yr) (10 tons SUMMARY: This action promulgates also is accessible through the Internet at per year (tpy)) of a single HAP or greater national emission standards for ‘‘http://www.epa.gov/ttn’’. If more than 22.7 Mg/yr (25 tpy) of a hazardous air pollutants (NESHAP) for information on the TTN is needed, call combination of HAP’s (Docket ID No. II- new and existing primary lead smelters the HELP line at (919) 541–5348. The B–4). Therefore, all three primary lead pursuant to section 112 of the Clean Air HELP desk is staffed from 11 a.m. to 5 smelters are major sources. Act (Act) as amended in November p.m.; a voice menu system is available This NESHAP was proposed in the 1990. Primary lead smelters have been at other times. Federal Register on April 17, 1998 (63 identified by the EPA as significant Outline. FR 19200). The EPA received 2 letters emitters of lead compounds, and other The information presented in this commenting on the proposed rule. The metal hazardous air pollutants (HAP) preamble is organized as follows: EPA received no requests for a public including arsenic, antimony, and I. Background hearing. cadmium. Exposure to lead compounds II. Summary A supplemental proposal was may result in adverse effects on the A. Summary of the Promulgated Standards published in the Federal Register on blood, central nervous system and B. Summary of Major Changes Since February 12, 1999 (64 FR 7149). This kidneys. Chronic exposure to arsenic is Proposal notice proposed an operating limit that associated with skin, bladder, liver and C. Summary of Environmental, Energy, and would require owners and operators of lung cancer and other developmental Economic Impacts a primary lead smelter (referred to as and reproductive effects. This NESHAP III. Public Participation operators in the remainder of this provides protection to the public by IV. Summary of Comments and Responses A. Comments on April 1998 Proposal preamble) to operate and maintain each requiring all primary lead smelters to B. Comments on February 1999 affected baghouse such that the required meet emission standards that reflect the Supplemental Proposal bag leak detection system would not application of maximum achievable V. Administrative Requirements sound more than five percent of the control technology (MACT). A. Docket operating time. The EPA received three EFFECTIVE DATE: June 4, 1999. B. Executive Order 12866 letters commenting on the supplemental ADDRESSES: Docket. Docket No. A–97– C. Executive Order 12875 proposal. The EPA received no requests 33 contains supporting information D. Executive Order 13084 for a public hearing on the E. Unfunded Mandates Reform Act supplemental proposal. used in developing the standards. The F. Regulatory Flexibility Act docket is located at the U.S. G. Paperwork Reduction Act II. Summary Environmental Protection Agency, 401 H. Submission to Congress and the General M Street, SW, Washington, DC. 20460 in Accounting Office A. Summary of the Promulgated room M–1500, Waterside Mall (ground I. National Technology Transfer and Standards floor), and may be inspected from 8:30 Advancement Act Standards are being promulgated to a.m. to 12:00 p.m. and 1:00 to 3:00 p.m., J. Pollution Prevention Considerations K. Protection of Children from limit metal HAP emissions from: (1) Monday through Friday. The regulatory process sources, (2) process fugitive text and other materials related to this Environmental Health Risks and Safety Risk Under Executive Order 13045 sources, and (3) fugitive dust sources at rulemaking are available for review in L. Judicial Review primary lead smelters. Process source the docket or copies may be mailed on emissions are discharged as the main request from the Air Docket by calling I. Background exhaust of a sinter machine or smelting (202) 260–7548. A reasonable fee may Section 112 of the Act requires that furnace through a chimney, flue, or be charged for copying docket materials. the EPA promulgate regulations ductwork. Process sources that are FOR FURTHER INFORMATION CONTACT: For requiring the control of HAP emissions regulated include sinter machines, blast information concerning these standards from major and certain area sources. furnaces, and dross furnaces. and technical aspects of primary lead The control of HAP’s is achieved Process fugitive emission sources that smelting emissions and control, contact through promulgation of emission are regulated include sinter machine Mr. Kevin Cavender, Environmental standards under sections 112(d) and (f) charging and discharging, sinter Protection Agency, MD–13, Research and, in appropriate circumstances, work crushing and sizing, blast furnace Triangle Park, NC 27711, telephone practice standards under section 112(h). tapping, and dross furnace charging and number (919) 541–2364, facsimile An initial list of categories of major tapping. number (919) 541–5600, electronic mail and area sources of HAP’s selected for Fugitive dust sources that are address ‘‘[email protected].’’. regulation in accordance with section regulated include plant yards and SUPPLEMENTARY INFORMATION: 112(c) of the Act was published in the roadways subject to wind and vehicle Regulated Entities. The regulated Federal Register on July 16, 1992 (57 FR traffic, process areas, and materials category and entities affected by this 31576). Primary lead smelting is one of handling and storage areas.

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1. Process and Process Fugitive Sources 2. Standards for Fugitive Dust Sources Operators are required to perform an initial compliance demonstration for the A ‘‘plant wide’’ emission limit is The standards for fugitive dust sources are in the form of work practice sinter machine building in-draft being promulgated for lead compounds requirement. Operators are required to from process and process fugitive and operating standards. The EPA is setting work practice and operating demonstrate in-draft at all doorway emission sources. The lead compound openings using an anemometer or emission limit is a surrogate for all standards based on the determination in accordance with section 112 (h)(2)(A) equivalent device. The demonstration is metal HAP’s and will apply to both to be conducted when wind speed is existing and new sources. The that the HAPs controlled by those standards cannot be emitted through a less than two meters per second (five aggregated lead emissions from the miles per hour.) following process and process fugitive conveyance designed and constructed to sources are limited to 500 g/Mg of lead emit or capture those HAP. Again, the 5. Monitoring Requirements standards apply to fugitive dust sources produced (1.0 lb/ton of lead produced): Each operator subject to the NESHAP (1) Sinter machine; at both new and existing smelters. Each primary lead smelter shall develop a shall be required to develop and operate (2) Blast furnace; Standard Operating Procedures (SOP) according to a SOP manual for operation (3) Dross furnace; manual for fugitive dust sources that and maintenance of the control devices (4) Dross furnace charging location; details procedures to limit fugitive dust used to comply with the emission (5) Blast and dross furnace tapping emissions. Each smelter’s SOP manual limits. Each smelter’s SOP manual shall locations; shall be reviewed and subject to be reviewed and subject to approval by the Administrator. The minimum SOP (6) Sinter machine charging location; approval by the Administrator. Existing requirements identified in the rule shall (7) Sinter machine discharge end; manuals developed as part of a control strategy to meet a facility’s State serve as the criteria by which the (8) Sinter crushing and sizing Administrator would decide whether to equipment; and implementation plan (SIP) may be used to meet this requirement if the existing approve a smelter’s SOP. (9) Sinter machine area. manuals address the identified fugitive Minimum requirements for the bag In addition to the emission limit, dust sources. leak detection system required in the work practice standards are required for process and process fugitive standards the above listed fugitive sources (items 3. Compliance Dates section are detailed. The bag leak 4 through 9). The charging, tapping, and Compliance with the standards must detection system shall be equipped with sinter handling sources identified above be achieved by June 4, 2001 for existing an audible alarm that automatically (items 4 through 8) shall be equipped primary lead smelters, and upon startup sounds when an increase in particulate with a hood ventilated to an air for new and reconstructed smelters. emissions above a predetermined level pollution control device. The hood is detected. The system shall be capable design and ventilation rate shall be 4. Compliance Test Methods of detecting PM emissions at consistent with the American The following EPA test methods will concentrations of 10 milligrams per Conference of Governmental Industrial be used to measure the lead emissions actual cubic meter (0.004 grains per Hygienists (ACGIH) recommended from the process and process fugitive actual cubic foot) and provide an output practices. In addition, the sinter sources included in the plant wide of relative PM emissions. Operators machine and sinter crushing and sizing emission limit. Testing of lead shall continuously record the bag leak equipment shall be located in a building compound emissions from process and detection system output. Such a device ventilated to a baghouse or equivalent process fugitive emission control shall serve as an indicator of the device at a rate that maintains in-draft devices shall be conducted according to performance of the baghouse and shall through any doorway opening. EPA reference method 12 (40 CFR part provide an indication of when The operator must install a bag leak 60, appendix A). Sampling locations for maintenance of the baghouse is needed. detection system for each baghouse used all compliance tests shall be determined An alarm by itself will not necessarily on a process or process fugitive source. by EPA reference method 1. Stack gas indicate noncompliance with the lead The bag leak detection system shall be velocity and volumetric flow rate shall limit, but would indicate an increase in equipped with an audible alarm that be determined by EPA reference method PM emissions and trigger an inspection automatically sounds when an increase 2. Gas analysis shall be conducted of the baghouse to determine the cause in particulate matter (PM) emissions according to EPA reference method 3 for of the alarm. The operator would above a predetermined level is detected. carbon dioxide, oxygen, excess air, and initiate corrective actions according to Operators are further required to molecular weight on a dry basis. the procedures in their operation, maintain and operate each affected The plant wide emission rate will be maintenance, and monitoring plan. The baghouse such that the bag leak calculated as follows. The previous 12 operator would be considered out of detection device does not sound more calender months production data shall compliance upon failure to initiate than five percent of the total operating be used to calculate lead production within one hour the procedures to time in any 6-month period. Alarms based on the mass produced, and the determine the cause of the alarm, as caused by startups, shutdowns, or lead content of lead products, copper specified in the baghouse operation and malfunctions are not included in the speiss, and copper matte. Plant records maintenance SOP manual. alarm time calculation if the condition will be used to determine the facility Operators are given three options for is described in the startup, shutdown, operating hours for the previous 12 the monitoring of sinter building in- and malfunction plan and the operator calender months. The plant wide draft. Under the first option, operators follows all the procedures in the plan emission rate is calculated by dividing may elect to perform daily checks for in- prescribed for the subject condition. the sum of lead emission rates, draft at all doorway openings using an Alarms caused by a malfunction of the determined through stack testing, for the anemometer or equivalent device. bag leak detection system are also process and process fugitive sources by Checks are only to be conducted when excluded from the alarm time the average hourly lead production rate ambient wind speed is less than two calculation. for the previous 12 calender months. meters per second (five miles per hour).

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Under the second option, operators system (if applicable); (6) records of the to monitor relative particulate matter are required to establish and maintain daily damper position checks (if loadings.’’ the ventilation exhaust rate and damper applicable); (7) records demonstrating The definition of total enclosure has positions at settings that result in an in- implementation of the baghouse SOP; been replaced with a definition of a draft at each open doorway. Operators and (8) records demonstrating building. For the purpose of this are required to install and operate a flow implementation of the fugitive dust subpart, a ‘‘building means a roofed and monitor device on the ventilation controls contained in the smelter’s SOP walled structure with limited openings system that would continuously record manual. to allow access and egress for people the ventilation exhaust rate. Operators In addition to the information and vehicles.’’ are required to conduct an initial required by the General Provisions to The definition of malfunction demonstration of in-draft at all doorway part 63, (40 CFR part 63, subpart A), the included in the General Provisions has openings using an anemometer or operator of a primary lead smelter will been added to the subpart for clarity. A equivalent device while simultaneously be required to submit semi-annual ‘‘malfunction means any sudden, recording the ventilation system exhaust reports containing: (1) records of all infrequent, and not reasonably rate and damper positions. Operators alarms from the bag leak detection preventable failure of air pollution are then required to maintain the system including a description of the control equipment, process equipment, ventilation rate at or above the average procedures taken following each bag or a process to operate in a normal or rate recorded during the in-draft leak detection system alarm; (2) the usual manner. Failures that are caused demonstration, and check and record percent of operating time the bag leak in part by poor maintenance or careless daily the damper positions to ensure detection alarmed; (3) a summary of the operation are not malfunctions.’’ that they are maintained in the position records maintained as part of the A definition of operating time has they were in when the in-draft practices described in the baghouse been added. For the purpose of this demonstration was performed. SOP, including an explanation of the subpart, ‘‘operating time means the As a third option, operators may periods when the procedures were not period of time in hours that an affected petition the administrator or delegated followed and the corrective actions source is in operation beginning at a authority for an alternative monitoring taken; (4) an identification of the startup and ending at the next method by following the procedures and periods when the in-draft was 0.0 shutdown.’’ requirements in § 63.8(f) of the General meters per second or less, and an A definition of plant operating time Provisions. explanation of the corrective actions has been added. For the purpose of this taken (if applicable); (5) an subpart, ‘‘plant operating time means 6. Notification Requirements identification of the periods when the the period of time in hours that either The operator of a primary lead smelter 15-minute volumetric flow rate(s) a sinter machine or blast furnace is in is required to submit the notifications dropped below the minimum operation.’’ described in § 63.9 of the General established during the most recent in- The definition of shutdown in the Provisions to part 63, (40 CFR part 63, draft determination (if applicable); (6) General Provisions has been added to subpart A). These will include the an identification of the days that the the subpart for clarity. A ‘‘shutdown initial notification, notifications of damper positions were not in the means the cessation of operation of an performance tests, and the notification positions established during the most affected source for any purpose.’’ of compliance status. In addition, each recent in-draft determination, and an The definition of startup in the operator will be required to submit the explanation of the corrective actions General Provisions has been added to baghouse operation and maintenance taken (if applicable); and (7) a summary the subpart for clarity. A ‘‘startup means SOP manual and the fugitive dust of the fugitive dust control measures the setting in operation of an affected control SOP manual along with a performed during the required reporting source for any purpose.’’ notification to the Administrator period, including when procedures requesting review and approval of the 2. Standards for Process and Process outlined in the fugitive dust control Fugitive Sources smelter’s SOP manuals. SOP were not followed and the corrective actions taken. The requirements for annual 7. Recordkeeping and Reporting compliance tests have been changed. Requirements B. Summary of Major Changes Since Upon demonstrating compliance for 3 The operator of a primary lead smelter Proposal consecutive years, operators will be will be required to comply with the Based on public comments received allowed up to 24 months between recordkeeping and reporting in response to both the initial notice of compliance tests. Operators will retain requirements described in § 63.10 of the proposal and the supplemental notice, the 24 month compliance test schedule General Provisions to part 63, (40 CFR the EPA has made several changes to the as long as each subsequent test part 63, subpart A). In addition, the proposed rule. A summary of the major demonstrates that the facility is in operator of a primary lead smelter will changes is presented below. compliance with the plant wide be required to retain for 5 years records emission limit. of: (1) production data of the weight and 1. Definitions An operating limit has been added lead content of lead products, copper A definition of bag leak detection that requires operators to maintain and matte, and copper speiss; (2) records of system has been added to the final rule. operate each affected baghouse such bag leak detection system output; (3) an Based on the definition, a ‘‘bag leak that the bag leak detection system does identification of the date and time of all detection system means a system that is not alarm more than five percent of the bag leak detection system alarms, the capable of monitoring particulate matter time in any 6-month period. Alarms time procedures to determine the cause (dust) loadings in the exhaust of a caused by startups, shutdowns, or of the alarm were initiated, their cause, baghouse in order to detect bag failures. malfunctions are not included if the and an explanation of the corrective A bag leak detection system includes, condition is described in the startup, actions taken; (4) records of daily in- but is not limited to, an instrument that shutdown, malfunction plan and the draft checks (if applicable); (5) records operates on triboelectric, light operators follow all the procedures in of the output from the flow monitoring scattering, transmittance or other effect the plan prescribed for the subject

VerDate 06-MAY-99 13:48 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\A04JN0.004 pfrm07 PsN: 04JNR2 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations 30197 condition. Alarms caused by a it is anticipated that improved baghouse IV. Summary of Comments and malfunction of the bag leak detection operation and maintenance procedures Responses system are also excluded from the alarm coupled with continuous bag leak The EPA received two comment time calculation. detection will result in unquantifiable letters (one letter contained joint 3. Monitoring Requirements reductions in emissions of lead comments from two commenters) on the compounds and other metal HAP. The monitoring requirements for initial proposal, and three letters baghouses have been modified. Similarly, cost and economic impacts commenting on the supplemental Operators will be required to identify, are expected to be minimal. The only proposal (again, one letter contained and monitor against, the normal costs associated with the standards are joint comments from two commenters). pressure drop range across each those required to perform compliance Comment summaries and EPA baghouse cell. Also, the requirement for assurance activities such as performance responses are presented below. a quarterly check of bag tension has testing, monitoring, reporting, and A. Comments on April 1998 Proposal been changed to a quarterly visual check recordkeeping. These costs are minimal, of bag tension. and will not result in any significant The comments contain both favorable The requirements for demonstrating economic impact. and adverse comments. Topics and compliance with the sinter machine requirements which received favorable building in-draft requirements have III. Public Participation and supportive comments include the following: been changed. Operators are given three Prior to proposal of the standards, the options for the continuous monitoring —The use of lead as a surrogate EPA met with representatives from the of in-draft. Under the first option, pollutant for all metal HAP, only operators of primary lead smelters. operators may elect to perform daily —The conclusion that organic HAP The EPA discussed the standards being checks for in-draft at all doorway emissions from blast furnaces are not openings using an anemometer or evaluated for proposal. Comments significant enough to warrant equivalent device. submitted following this meeting were regulation, Under the second option, operators incorporated into the proposed rule as —The use of a plant-wide emission are required to establish and maintain appropriate. limit, the ventilation exhaust rate and damper The standards were proposed and —The requirement that sinter plants positions at settings that result in an in- published in the Federal Register on be enclosed and ventilated to a draft at each open doorway. Operators April 17, 1998 (63 FR 19200). The baghouse or equivalent control device, are required to install and operate a flow preamble to the proposed standards —The requirement that certain monitor device on the ventilation described the technical basis, purpose, process fugitive emission sources be equipped with a hood and ventilated to system that would continuously record and impacts of the proposed standards. a baghouse or equivalent control device, the ventilation exhaust rate. Operators Public comments were solicited at the —Allowing 2 years to achieve are required to conduct an initial time of proposal. demonstration of in-draft at all doorway compliance, and openings using an anemometer or To provide interested persons the —The requirement for an approved equivalent device while simultaneously opportunity for oral presentation of plan for the control of fugitive dust recording the ventilation system exhaust data, views, or arguments concerning emissions. rate and damper positions. Operators the proposed standards, the opportunity Topics and provisions of the proposed are then required to maintain the for a public hearing was offered at rule which received adverse comments ventilation rate at or above the average proposal; however, no requests for a are summarized below with the EPA’s rate recorded during the in-draft hearing were received. The public responses. demonstration, and check and record comment period was from April 17, Comment. One commenter stated that daily the damper positions to ensure 1998 to June 16, 1998. Two comment it is not possible to maintain a sinter that they are maintained in the position letters were received. The comments machine building ‘‘at a lower than they were in when the in-draft were carefully considered in ambient pressure to ensure in-draft demonstration was performed. formulating the final rule. through any doorway opening’’ at all times. They argue that static pressure As a third option, operators may A supplemental proposal was petition the Administrator or delegated measured at any one point in a building published in the Federal Register on is the sum of the pressures caused by authority for an alternative monitoring February 12, 1999 (64 FR 7149). That method by following the procedures and the combination of several effects notice proposed an operating limit that including mechanical or forced requirements in § 63.8(f) of the General would require owners and operators of Provisions. ventilation, stack effects, wind a primary lead smelter (referred to as influences and local effects. A C. Summary of Environmental, Energy, operators in the remainder of this ventilation system that is designed and and Economic Impacts preamble) to operate and maintain each operated for a specific building can There are only three existing primary affected baghouse such that the required effectively control the escape of most lead smelters that will be subject to the bag leak detection system would not fugitive emissions. However, the standards, and no new facilities are sound more than five percent of the variable influence of stack draft, wind, anticipated to be constructed in the next operating time. Again the opportunity and local effects will cause the actual 5 years. The required levels of control for a public hearing was offered at building static pressure to vary over are based on existing SIP emission proposal; however, no requests for a space and time, thereby making it limits for lead. No additional emission hearing were received. The public impossible to comply with a standard controls will be required to comply with comment period was from February 12, that requires maintaining a building at the standards. Therefore, no quantifiable 1999 to March 15, 1999. Three comment lower than ambient pressure at all emission reduction or other letters were received. Again, the times. environmental impacts are anticipated comments were carefully considered in The commenter suggested that the to result from this rulemaking. However, formulating the final rule. EPA give operators the following three

VerDate 06-MAY-99 13:48 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\A04JN0.006 pfrm07 PsN: 04JNR2 30198 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations alternatives. First, require operators to the ventilation exhaust rate. Operators is a time-consuming process that can submit to the Administrator or are required to conduct an initial create increased risks of worker delegated authority a statement from a demonstration of in-draft at all doorway exposures to lead. The EPA also agrees professional engineer certifying that the openings using an anemometer or that a visual check is sufficient to design of the ventilation system in the equivalent device while simultaneously determine adequate bag tension. As sinter buildings is sufficient to attain in- recording the ventilation system exhaust such, the EPA is amending draft with all doorways in their rate and damper positions. Again, the § 63.1547(c)(6) to require quarterly customary position during normal demonstration is not to be conducted visual inspections of bag tension to operation. Each operator would be when wind speeds are greater than two make certain bags are not kinked or required to design and operate its meters per second (five miles per hour.) lying on their sides. ventilation system to meet a minimum Operators are then required to maintain Comment. One commenter stated that exhaust flow rate, and would have to the ventilation rate at or above the the proposed requirement for bag leak restrict the total surface area of average rate recorded during the in-draft detection devices does not provide for doorways open during normal operation demonstration, and check and record alternative/equivalent methods, such as to some maximum. daily the damper positions to ensure opacity monitors, which are already in Second, allow for more flexible that they are maintained in the position use at some facilities. As such, the performance tests (i.e., use of they were in when the in-draft regulation would impose unnecessary anemometers) to account for wind demonstration was performed. additional costs by not including other effects. The commenter suggested that As a third option, the EPA is adding compliance methods. the performance demonstrations be a reference to the section of the General Response. The EPA is adding a limited to periods when the wind speed Provisions which describes the definition of bag leak detection system is less than five miles per hour. procedures for requesting an alternative in the final rule. This definition was The third suggestion was to allow monitoring method, 40 CFR 63.8(f). This inadvertently left out of the proposal. operators flexibility in developing site- reference is being added to highlight the Based on the definition, a ‘‘bag leak specific methods to demonstrate availability of this option. detection system means a system that is compliance with the in-draft Comment. One commenter identified capable of monitoring particulate matter requirement. All site specific an error in the proposed rule. Section (dust) loadings in the exhaust of a alternatives would be subject to 63.1546(b) states ‘‘Operators shall baghouse in order to detect bag failures. approval of the Administrator or determine compliance with the doorway A bag leak detection system includes, delegated authority. in-draft requirements for buildings in but is not limited to, an instrument that Response. The EPA has considered 63.1543(b) and 63.1544(c) * * *’’ operates on triboelectric, light the comment, and agrees to modify the However, building in-draft requirements scattering, transmittance or other effect requirements for sinter building in-draft. are contained in § 63.1543(c). to monitor relative particulate matter The EPA believes that with some Response. This error is corrected in loadings.’’ This is the same definition modification, the alternatives suggested the final rule. that appears in the final rule for by the commenter are better than the Comment. One commenter stated that secondary lead smelters (40 CFR part negative pressure requirements they are required to test for particulate 63, subpart X) and several other contained in the proposal. As such, the matter and lead as part of their SIP currently proposed rules which include EPA is making the following changes to requirements. The commenter requests bag leak detection requirements. the proposed rule. that operators be given the flexibility to Based on the definition and the Operators are required to perform an use the ‘‘hybrid Method 5–12’’ to test for requirements of § 63.1547(e)(1), an initial compliance demonstration for the particulate matter and lead opacity monitor can be used as a bag sinter machine building in-draft simultaneously. leak detection system if the requirement. Operators are required to Response. The rule specifies that EPA manufacturer of the opacity monitor demonstrate in-draft at all doorway Method 12 be used to measure lead certifies that it is capable of detecting openings using an anemometer or emission rates. There is no EPA Method particulate matter emissions at equivalent device. The demonstration is 5–12. However, section 8.1 of EPA concentrations of 10 milligram per to be conducted when wind speed is Method 12 allows for the simultaneous actual cubic meter or less. However, due less than two meters per second (five measurement of both lead and to the poor correlation between opacity miles per hour.) particulate matter. As such, no change and particulate matter at low grain Operators are given three options for is being made to address this comment. loadings, it is doubtful that any the continued monitoring of in-draft. Comment. The proposed rule requires conventional opacity monitors have the Under the first option, operators may quarterly checks of bag tension on sensitivity necessary to meet this elect to perform daily checks for in-draft certain types of baghouses. One requirement. Bag leak detection systems at all doorway openings using an commenter stated that none of their based on triboelectric or light scattering anemometer or equivalent device. This facilities are currently required to check effects are capable of detecting option is similar to the option given in bag tension under existing SIPs. They particulate matter emissions well below the proposed rule, however, the checks claim that measuring bag tension would the level of visible emissions, and are for in-draft are limited to days when the be a time-consuming process resulting believed to be more reliable, accurate, ambient wind speed is less than two in extended periods of worker exposure and cost effective than opacity monitors meters per second (five miles per hour.) to high temperatures and potentially for detecting broken bags in baghouses. Under the second option, operators lead. They recommend that the Comment. One commenter stated that are required to establish and maintain requirement for bag tension testing be the condition of the fan has little, if any, the ventilation exhaust rate and damper eliminated, or at a minimum modified direct effect on baghouse performance. positions at settings that result in an in- to an annual visual check to make They suggested that this requirement be draft at each open doorway. Operators certain bags are not kinked (kneed or on an annual basis rather than a are required to install and operate a flow bent) or lying on their sides. quarterly basis. monitor device on the ventilation Response. The EPA agrees with the Response. The EPA concurs that fan system that would continuously record commenter that measuring bag tension condition may have little effect on

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Both the preamble and the rule leak detection (section 63.1543(f) and remove it from service. As such, the were intended to refer to the same time (g)). No change is being made to the rule EPA believes that requiring quarterly period, i.e., the period of time allowed to address this comment. inspection of fan condition does not between the time an alarm occurs and Comment. One commenter stated that place an undue burden on the industry. the time when procedures to determine a minimum differential pressure should No change to the final rule is being the cause of the alarm are initiated. The be specified and continuously made to address this comment. rule requires facilities to initiate the monitored to ensure the baghouse or Comment. One commenter stated that procedures outlined in their corrective equivalent control device is maintained the benefits associated with the suite of action plan within 1 hour of the alarm at a pressure that is lower than ambient monitoring requirements are unclear and correct the problem as soon as pressure. and at best very low. They suggest that practicable. Response. The rule requires daily the proposed bag leak detection system Comment. One commenter stated that monitoring of the pressure drop across requirements alone should be adequate compliance testing should be required each baghouse cell. The EPA agrees that to ensure proper baghouse functioning. on a less than annual basis. Proposed a minimum pressure drop should be Response. The EPA’s proposed section 63.1543(d) requires facilities to identified and monitored against. operating procedures requirements for conduct compliance tests for lead However, several factors affect the baghouses represent a two-pronged compounds on an annual basis. The pressure drop across a baghouse cell approach to baghouse operation— commenter suggests that the EPA including filter material, cell geometry, preventative maintenance and baghouse should permit a reduction in the cleaning cycles, and air-to-cloth ratio. failure monitoring, coupled with timely frequency of testing on a site-by-site As such, the minimum pressure drop corrective action. The inspection and basis, based upon the results of annual across the cell is baghouse specific, if maintenance requirements in the testing. For example, if 3 years of testing not cell specific. Furthermore, there is proposed rule are intended to ensure the shows the standard is consistently being little or no correlation between proper operation of the baghouse and to met, they suggest that a facility be able baghouse pressure drop and emissions. reduce the number of baghouse upsets to reduce the frequency of its testing. Therefore, it would be inappropriate for through prevention. The bag leak Response. The EPA agrees that less the rule to identify a minimum pressure detection requirements are intended to frequent testing should be allowed drop. However, the EPA has amended assist in early detection of baghouse when facilities are able to demonstrate failures allowing for timely corrective compliance consistently. As such, the the rule to require operators to monitor action. final rule allows operators up to 24 the pressure drop across each cell to The proposed inspection and months between compliance tests if the ensure that it is within the normal maintenance requirements represent a results of the three most recent operating range for that cell. Operators minimal, yet practical, strategy for compliance tests demonstrate will be required to identify the normal ensuring proper baghouse operation. compliance. operating range for each baghouse cell The EPA believes that good inspection Comment. One commenter stated that in the baghouse operation and and maintenance practices are critical to the recordkeeping requirements for the maintenance SOP. achieving and maintaining the high bag leak detection system are Comment. One commenter stated that level of control that baghouses are inconsistent with recordkeeping the lead production rate should be capable of. Furthermore, these requirements for fugitive dust and calculated on data from the previous 12 requirements do not result in significant baghouse inspection and maintenance. months of operation. The commenter costs or burden. Proposed section 63.1549(b)(3) and (4), adds that the requirement does not Comment. One commenter stated that which refers to control of fugitive dust consider plant shutdown, when lead the time limits for initiating corrective emissions and baghouse inspection and production is zero; hence, artificially action may be impossible to fulfill. With maintenance procedures, requires low emissions could result from the regard to the bag leak detection alarm, recordkeeping if it is part of the recommended calculation. the preamble to the proposed rule states, practices described in the respective Response. Based on the proposed ‘‘An alarm by itself does not indicate SOP manual. The commenter also stated rule, lead production is calculated based noncompliance with the lead limit, but that the recordkeeping requirements on production data for the 12 months would indicate an increase in emissions proposed in section 63.1549(b)(2) for the prior to conducting the test, including and trigger an inspection of the bag leak detection system are not periods when the facility is shut down. baghouse to determine the cause of the contingent on such requirements being The EPA believes that this is in alarm.’’ The preamble goes on to state, part of the SOP manual, and are thus agreement with this statement. ‘‘The owner or operator would be inconsistent with section 63.1549(b)(3) As noted, plant shutdowns would considered out of compliance upon and (4). result in lower lead production. failure to initiate corrective actions Response. The rule requires facilities However, the result of lower lead within 1 hour of the alarm.’’ They also to develop site specific SOP manuals for production would be to increase the point out that the rule states in section baghouse inspection and maintenance calculated, production-based, lead 63.1547(f)(1) that ‘‘the procedures used procedures. Since these SOP manuals compound emission rate, not reduce it to determine the cause of the alarm are site-specific, the EPA has left it up as suggested by the commenter. In fact, must be initiated within 30 minutes of to the operator to work with the if a facility were to experience a the alarm.’’ They comment that reading Administrator or delegated authority to prolonged shutdown, it may be these provisions together suggests that develop appropriate site specific impossible to meet the emission limit facilities must always initiate recordkeeping and reporting based on the proposed calculation.

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Upon further review, the EPA has discussions with personnel at a did not alarm more than five percent of decided to amend the procedure for secondary lead smelter using secondary the time over a 6-month period. The calculation of the production-based, HEPA filters, HEPA filters last several EPA also added the requirement that lead compound emission rate to account months when used as a secondary filter. operators continuously record the for periods when the facility is shut As such, the EPA believes that daily output of the bag leak detection system. down. As amended, the production- checks of the differential pressure across The EPA added these requirements to based, lead compound emission rate the HEPA filter is adequate. No changes help ensure that baghouses are properly will be calculated by multiplying the to the rule are being made to address operated and maintained, and that sum of lead emission rates (determined this comment. enforcement officials will have adequate through stack testing, in units of grams Comment. One commenter stated that data to assess compliance with the bag per hour) from the nine listed sources the rule should specify the building leak detection system requirements. by the plant operating hours (in units of ventilation requirements in a definitive B. Comments on February 1999 hours/year) and dividing by the lead way, e.g., by requiring an exhaust Supplemental Proposal production rate (in units of megagrams system capable of a given number of air per year). Plant operating hours are changes per hour. Comment. One commenter stated that defined as the period of time in hours Response. While air changes per hour the term ‘‘initiate corrective actions’’ as that either a sinter machine or blast may be an important consideration in used in section 63.1547(e)(9) was furnace is in operation. addressing indoor air quality and somewhat ambiguous, and requested Comment. One commenter suggested worker exposure, it has little meaning that the EPA clarify what constitutes the that the bag leak detection system when assessing the capture effectiveness initiation of corrective action. alarms should be set at 75 percent or 80 of a building. The EPA believes that the Furthermore, they noted that, as percent of the previous 12-month requirement that the sinter machine required in section 63.1547(f), the first average. Alternatively the commenter building be ventilated at a rate that steps in the corrective action process is suggests that the system be equipped ensures in-draft through all open doors to acknowledge the alarm and with two alarms: a high level set at 75 provides the best assurance that determine its cause. It was suggested percent to 80 percent of scale, and a emissions escaping the building are that the term ‘‘initiate corrective action’’ high-high alarm that sounds when the minimized. No changes to the rule are be changed to ‘‘initiate procedures to maximum value is reached. The being made to address this comment. acknowledge the alarm and determine commenter also commented that a Comment. One commenter stated that its cause, as specified in the corrective requirement for time averaging of the for total enclosures there should be a actions plan.’’ emissions should be added. The monitoring device on the exhaust fan Response. The EPA is concerned that commenter suggested the use of 1- (e.g., motor current) to verify the term ‘‘initiate corrective action’’ minute time averages for monitoring the continuously that the ventilation system could be misinterpreted to mean the particulate emissions. is in operation, and added that failure beginning of a physical repair. As Response. The EPA has developed of the ventilation system should be pointed out by the commenter, the first guidance on the use of bag leak recorded and included in the reporting step in the corrective action process is detectors based on information provided requirements. to acknowledge (or record) the alarm by bag leak detection system vendors, Response. As discussed above, the and to begin procedures for determining industry representatives with bag leak EPA has amended the rule to require the cause of the alarm. As such, the EPA detection experience, and an EPA- that operators either (1) install, is changing the proposed rule language sponsored field study. The EPA believes calibrate, and operate a flow monitor to to capture more accurately what is that this guidance provides the most continuously measure and record total intended. The new language requires appropriate methods for selecting, exhaust rate out of the enclosure; or (2) facilities to ‘‘record the date and time of installing, initializing, and operating bag perform daily checks for in-draft, with the alarm and initiate procedures to leak detection systems. No changes to a vane anemometer or equivalent determine the cause of a bag leak the rule are being made to address this device, at each doorway normally open. detection system alarm’’ within 1 hour. comment. Failure of the ventilation system Comment. The commenters stated Comment. One commenter stated that would be considered a malfunction of that they believe the addition of section the differential pressure across the air pollution control equipment. The 63.1547(e)(9) makes the provision in baghouses equipped with high rule requires that operators develop a section 63.1547(f)(1) redundant. They efficiency particulate arrestor (HEPA) start-up, shut-down, and malfunction suggest that section 63.1547(f)(1) be filters should be monitored once per plan for all air pollution control removed. operating shift and at least 8 hours apart equipment. In addition, the rule Response. The EPA does not believe or every 24 hours ± 4 hours. The requires operators to record the that the requirements of section commenter states that monitoring once occurrence and duration of each 63.1547(e)(9) and section 63.1547(f)(1) a day allows operators to take readings malfunction of the source or air are redundant. The purpose of the at 0100 hours one day, and at 2300 pollution control equipment. No operating limit in section 63.1547(e)(9) hours the next day, allowing up to 46 additional changes are being made to is to require operators to operate and hours to pass between readings. address this comment. maintain an affected baghouse such that Response. An exemption to the bag Comment. One commenter stated that upset events are limited to a level that leak detection system requirements is there should be some specified limits on the EPA considers acceptable both in provided in the rule if a baghouse is the number of allowable violations terms of number of occurrences and equipped with a secondary HEPA filter. (alarms) during a given time period. duration. The intent of the requirement The exemption is not given if the HEPA Response. On February 12, 1999 (64 that operators record and initiate filter is the only filter in the system. FR 7149), the EPA proposed an procedures to determine the cause of the Under this configuration, the primary operating limit that would require alarm within 1 hour (section filter collects the bulk of the operators of primary lead smelters to 63.1547(f)(1)) is to ensure that operators particulates, while the secondary HEPA operate and maintain their baghouses acknowledge and respond to each alarm filter acts as a finishing filter. Based on such that the bag leak detection system in a timely manner.

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Please note that the requirements Comment. One commenter stated that record in the case of judicial review. contained in section 63.1547(e)(9) of the by limiting the cumulative time that a (See section 307(d)(7)(A) of the Act.) supplemental proposal have been source may operate before initiating B. Executive Order 12866 revised in the final rule. The corrective action, rather than before requirement to maintain and operate completing corrective action, the Under Executive Order 12866 (58 FR each baghouse such that the alarm on a proposed changes would provide an 51735, October 4, 1993), the EPA must bag leak detection system does not incentive for the operator to indefinitely determine whether the regulatory action sound for more than five percent of the delay completion of corrective action. is ‘‘significant’’ and therefore subject to total operating time in a 6-month Response. The commenter is review by the Office of Management and reporting period has been moved to mistaken. Section 63.6(e)(1)(ii) of the Budget (OMB) and the requirements of section 63.1543(f) in the final rule. The General Provisions requires that the Executive Order. The Executive methodology to be used in calculating malfunctions be corrected as soon as Order defines ‘‘significant regulatory the percent of the total operating time practicable after their occurrence. As action’’ as one that is likely to result in that the alarm sounds has been clarified such, an operator cannot delay a rule that may: and moved to section 63.1547(g) in the completion of corrective action without (1) Have an annual effect on the final rule. In addition, the requirements being in violation of the General economy of $100 million or more or contained in section 63.1547(f)(1) of the Provisions. However, the EPA has adversely affect in a material way the original proposal have been moved to changed section 63.1543(g) of the final economy, a sector of the economy, section 63.1543(g) in the final rule. rule to require that ‘‘The cause of the productivity, competition, jobs, the Comment. One commenter stated that alarm shall be corrected as soon as environment, public health or safety, or it appears that the EPA is proposing to practicable.’’ No other changes are being state, local, or tribal governments or penalize operators for a rapid response made to the rule to address this communities; to initiate corrective actions by setting 1 comment. (2) create a serious inconsistency or hour as a minimum time counted for Comment. One commenter stated that otherwise interfere with an action taken each alarm while using the actual time the MACT technology should be or planned by another agency; (3) materially alter the budgetary for periods which exceed 1 hour. The reanalyzed to account for the particulate impact of entitlements, grants, user fees, commenter proposes that the EPA HAP control which is achievable during or loan programs, or the rights and simplify the requirement such that the a one-time performance test conducted on a newly constructed or reconstructed obligation of recipients thereof; or alarm time should be counted as the (4) raise novel legal or policy issues actual amount of time taken by the baghouse. The commenter continues to state that while some operators might arising out of legal mandates, the owner or operator to initiate corrective President’s priorities, or the principles actions for all cases. choose to maintain and promptly repair their air pollution control devices, the set forth in the Executive Order. Response. As discussed above, the Pursuant to the terms of Executive rules could not be enforced to require intent of the operating limit on bag leak Order 12866, it has been determined this level of control. detection system alarm time is to limit that this rule is not a ‘‘significant Response. The EPA believes that the not only the duration, but also the regulatory action’’ because none of the commenter has misinterpreted the rule. number of alarm-causing events. By listed criteria apply to this action. The commenter infers that the lead rounding the amount of alarm time Consequently, this action was not emission limits should be based on the counted up to 1 hour for any alarm submitted to OMB for review under level of control that a brand new where the operator responds within 1 Executive Order 12866. hour, the total number of potential baghouse can achieve since only a one- alarm-causing events is limited to time test is required. However, the rule C. Executive Order 12875 roughly 220 alarms in a 6-month requires annual compliance testing, not Under Executive Order 12875, EPA reporting period. Counting fractions of a one-time compliance test. may not issue a regulation that is not an hour per event could allow for an Furthermore, the rule contains federally required by statute and that creates a unlimited number of events. For enforceable requirements for the mandate upon a State, local or tribal example, at 10 minutes per event, the operation and maintenance of each government, unless the Federal total number of alarm-causing events affected baghouse. No change is being government provides the funds could be as high as 1,300 in a 6-month made to the rule to address this necessary to pay the direct compliance reporting period. comment. costs incurred by those governments, or Comment. One commenter suggested V. Administrative Requirements EPA consults with those governments. If that the operating limit on bag leak EPA complies by consulting, Executive detection system alarm time be A. Docket Order 12875 requires EPA to provide to reviewed and considered for application The docket is an organized and the Office of Management and Budget a to other MACT standards using common complete file of all the information description of the extent of EPA’s prior add-on emissions control technologies considered by the EPA in the consultation with representatives of (i.e., baghouses). development of this rulemaking. The affected State, local and tribal Response. The EPA intends to docket is a dynamic file because governments, the nature of their incorporate the operating limit on bag material is added throughout the concerns, copies of any written leak detection system alarm time in the rulemaking process. The docketing communications from the governments, rules that EPA is currently developing system is intended to allow members of and a statement supporting the need to and any future rules where baghouses the public and industries involved to issue the regulation. In addition, are used to control HAP emissions. In readily identify and locate documents Executive Order 12875 requires EPA to addition, the EPA is considering so that they can effectively participate develop an effective process permitting amending existing NESHAP where in the rulemaking process. Along with elected officials and other baghouses are used to control HAP the proposed and promulgated representatives of State, local and tribal emissions to include the operating limit standards and their preambles, the governments ‘‘to provide meaningful on bag leak detection system alarm time. contents of the docket will serve as the and timely input in the development of

VerDate 06-MAY-99 13:48 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\A04JN0.012 pfrm07 PsN: 04JNR2 30202 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations regulatory proposals containing written statement is needed, section 205 Small entities include small businesses, significant unfunded mandates.’’ of the UMRA generally requires the EPA small not-for-profit enterprises, and Today’s rule does not create a mandate to identify and consider a reasonable small government jurisdictions. on State, local or tribal governments. number of regulatory alternatives and The EPA has determined that none of The rule does not impose any adopt the least costly, most cost- the existing primary lead smelters are enforceable duties on these entities. effective, or least burdensome small entities, and has concluded that None of these entities own or operate an alternative that achieves the objectives this proposed rule would not have a affected source. Accordingly, the of the rule. The provisions of section significant economic impact on a requirements of section 1(a) of 205 do not apply when they are substantial number of small entities. Executive Order 12875 do not apply to inconsistent with applicable law. Therefore, I certify that this action will this rule. Moreover, section 205 allows the EPA to not have a significant economic impact adopt an alternative other than the least on a substantial number of small D. Executive Order 13084 costly, most cost-effective, or least entities. Under Executive Order 13084, EPA burdensome alternative if the G. Paperwork Reduction Act may not issue a regulation that is not Administrator publishes with the final required by statute, that significantly or rule an explanation why that alternative The information collection uniquely affects the communities of was not adopted. Before the EPA requirements in this rule will be Indian tribal governments, and that establishes any regulatory requirements submitted for approval to the Office of imposes substantial direct compliance that may significantly or uniquely affect Management and Budget under the costs on those communities, unless the small governments, including tribal Paperwork Reduction Act, 44 U.S.C. Federal government provides the funds governments, it must have developed 3501 et seq. An Information Collection necessary to pay the direct compliance under section 203 of the UMRA a small Request (ICR) document has been costs incurred by the tribal government agency plan. The plan must prepared by EPA (ICR No. 1856.02) and governments, or EPA consults with provide for notifying potentially a copy may be obtained from Sandy those governments. If EPA complies by affected small governments, enabling Farmer by mail at OPPE Regulatory consulting, Executive Order 13084 officials of affected small governments Information Division; U.S. requires EPA to provide to the Office of to have meaningful and timely input in Environmental Protection Agency Management and Budget, in a separately the development of EPA regulatory (2137); 401 M St., SW, Washington, DC identified section of the preamble to the proposals with significant Federal 20460, by email at rule, a description of the extent of EPA’s intergovernmental mandates, and [email protected], or by prior consultation with representatives informing, educating, and advising calling (202) 260–2740. A copy may also of affected tribal governments, a small governments on compliance with be downloaded off the internet at http:/ summary of the nature of their concerns, the regulatory requirements. /www.epa.gov/icr. The information and a statement supporting the need to The EPA has determined that this rule requirements are not effective until issue the regulation. In addition, does not contain a Federal mandate that OMB approves them. Executive Order 13084 requires EPA to may result in expenditures of $100 The information requirements are develop an effective process permitting million or more for State, local, and based on notification, recordkeeping, elected officials and other tribal governments, in the aggregate, or and reporting requirements in the representatives of Indian tribal the private sector in any 1 year. The NESHAP General Provisions (40 CFR governments ‘‘to provide meaningful maximum total annual cost of this rule part 63, subpart A), which are and timely input in the development of for any year has been estimated to be mandatory for all operators subject to regulatory policies on matters that less than $250,000. Thus, today’s rule is national emission standards. These significantly or uniquely affect their not subject to the requirements of recordkeeping and reporting communities.’’ Today’s rule does not sections 202 and 205 of the UMRA. In requirements are specifically authorized significantly or uniquely affect the addition, the EPA has determined that by section 114 of the Act (42 U.S.C. communities of Indian tribal this rule contains no regulatory § 7414). All information submitted to governments. No tribal governments requirements that might significantly or the EPA pursuant to the recordkeeping own or operate an affected source. uniquely affect small governments and reporting requirements for which a Accordingly, the requirements of because it contains no requirements that claim of confidentiality is made is section 3(b) of Executive Order 13084 apply to such governments or impose safeguarded according to Agency do not apply to this action. obligations upon them. Therefore, policies set forth in 40 CFR part 2, today’s rule is not subject to the subpart B. E. Unfunded Mandates Reform Act requirements of section 203 of the The rule would require maintenance Title II of the Unfunded Mandates UMRA. inspections of the control devices but Reform Act of 1995 (UMRA), Pub. L. would not require any notifications or 104–4, establishes requirements for F. Regulatory Flexibility Act reports beyond those required by the Federal agencies to assess the effects of As amended by the Small Business General Provisions. The recordkeeping their regulatory actions on State, local, Regulatory Enforcement Fairness Act requirements require only the specific and tribal governments and the private (SBREFA), the Regulatory Flexibility information needed to determine sector. Under section 202 of the UMRA, Act (RFA) generally requires an agency compliance. the EPA generally must prepare a to conduct a regulatory flexibility The annual monitoring, reporting, and written statement, including a cost- analysis of any rule subject to notice recordkeeping burden for this collection benefit analysis, for proposed and final and comment rulemaking requirements, (averaged over the first 3 years after the rules with ‘‘Federal mandates’’ that may as well as take other actions intended to effective date of the rule) is estimated to result in expenditures by State, local, minimize the rule’s potential impact on be 2,002 labor hours per year at a total and tribal governments, in aggregate, or small entities, unless the agency annual cost of $114,900. This estimate by the private sector, of $100 million or certifies that the rule will not have a includes a one-time performance test more in any one year. Before significant economic impact on a and report (with repeat tests where promulgating an EPA rule for which a substantial number of small entities. needed); one-time purchase and

VerDate 06-MAY-99 13:48 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\A04JN0.013 pfrm07 PsN: 04JNR2 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations 30203 installation of bag leak detection I. National Technology Transfer and The plant wide emission limit systems; one-time submission of a Advancement Act approach in this final rule promotes the startup, shutdown, and malfunction Section 12(d) of the National use of pollution prevention alternatives plan with semiannual reports for any Technology Transfer and Advancement by giving facilities full credit for source event when the procedures in the plan Act of 1995 (NTTAA), Pub. L. No. 104– reduction in determining compliance were not followed; semiannual excess 113, section 12(d) (15 U.S.C. 272 note), with the emission limit. Furthermore, emission reports; maintenance directs all Federal agencies to use the focus of the fugitive dust inspections; notifications; and voluntary consensus standards instead requirements is on work practice and recordkeeping. Total capital/startup of government-unique standards in their operating standards that reduce costs associated with the monitoring regulatory activities unless to do so emission potential, rather than capture requirements over the 3-year period of would be inconsistent with applicable and treatment options. the ICR are estimated at $107,500, with law or otherwise impractical. Voluntary K. Protection of Children From operation and maintenance costs of consensus standards are technical Environmental Health Risks and Safety $5,500/yr. standards (e.g., material specifications, Risk Under Executive Order 13045 test method, sampling and analytical Burden means the total time, effort, or procedures, business practices, etc.) that Executive Order 13045: ‘‘Protection of financial resources expended by persons are developed or adopted by one or Children from Environmental Health to generate, maintain, retain, or disclose more voluntary consensus standards Risks and Safety Risks’’ (62 FR 19885, or provide information to or for a bodies. Examples of organizations April 23, 1997) applies to any rule that: Federal agency. This includes the time generally regarded as voluntary (1) is determined to be ‘‘economically needed to review instructions; develop, consensus standards bodies include the significant’’ as defined under E.O. acquire, install, and utilize technology American Society for Testing and 12866, and (2) concerns an and systems for the purposes of Materials (ASTM), the National Fire environmental health or safety risk that collecting, validating, and verifying Protection Association (NFPA), and the EPA has reason to believe may have a information, processing and Society of Automotive Engineers (SAE). disproportionate effect on children. If maintaining information, and disclosing The NTTAA requires Federal agencies the regulatory action meets both criteria, and providing information; adjust the like EPA to provide Congress, through the Agency must evaluate the existing ways to comply with any OMB, with explanations when an environmental health or safety effects of previously applicable instructions and agency decides not to use available and the planned rule on children, and requirements; train personnel to be able applicable voluntary consensus explain why the planned regulation is to respond to a collection of standards. preferable to other potentially effective and reasonably feasible alternatives information; search data sources; During this rulemaking the Agency considered by the Agency. complete and review the collection of searched for voluntary consensus information; and transmit or otherwise standards that might be applicable. The The EPA interprets Executive Order disclose the information. search has identified no applicable (E.O.) 13045 as applying only to those voluntary standards. Accordingly, the regulatory actions that are based on An Agency may not conduct or NTTAA requirement to use applicable health or safety risks, such that the sponsor, and a person is not required to voluntary consensus standards does not analysis required under section 5–501 of respond to, a collection of information apply to this rule. the E.O. has the potential to influence unless it displays a currently valid OMB As part of a larger effort, the EPA is the regulation. This rule is not subject control number. The OMB control undertaking a project to cross-reference to E.O. 13045 because it does not numbers for EPA’s regulations are listed existing voluntary consensus standards establish an environmental standard in 40 CFR part 9 and 48 CFR chapter 15. on testing, sampling, and analysis, with intended to mitigate health or safety risks. Furthermore, this rule has been H. Submission to Congress and the current and future EPA test methods. When completed, this project will assist determined not to be ‘‘economically General Accounting Office the EPA in identifying potentially- significant’’ as defined under E.O. The Congressional Review Act, 5 applicable voluntary consensus 12866. U.S.C. § 801 et seq., as added by the standards which can then be evaluated L. Judicial Review Small Business Regulatory Enforcement for equivalency and applicability in Fairness Act of 1996, generally provides determining compliance with future Under section 307(b)(1) of the Act, judicial review of a NESHAP is that before a rule may take effect, the regulations. available only by filing a petition for agency promulgating the rule must J. Pollution Prevention Considerations review in the U.S. Court of Appeals for submit a rule report, which includes a The Pollution Prevention Act of 1990 the District of Columbia Circuit within copy of the rule, to each House of the (42 U.S.C. 13101 et seq., Pub. L. 101– 60 days of today’s publication of this Congress and to the Comptroller General 508, November 5, 1990) establishes the final rule. Under section 307(b)(2) of the of the United States. The EPA will national policy of the United States for Act, the requirements that are the submit a report containing this rule and pollution prevention. This act declares subject of today’s action may not be other required information to the U.S. that: (1) pollution should be prevented challenged later in civil or criminal Senate, the U.S. House of or reduced whenever feasible, (2) proceedings brought by the EPA to Representatives, and the Comptroller pollution that cannot be prevented or enforce these requirements. General of the United States prior to reduced should be recycled or reused in List of Subjects in 40 CFR Part 63 publication of the rule in the Federal an environmentally-safe manner Register. A major rule cannot take effect wherever feasible, (3) pollution that Environmental protection, Air until 60 days after it is published in the cannot be recycled or reused should be pollution control, Hazardous Federal Register. This action is not a treated, and (4) disposal or release into substances, Reporting and ‘‘major rule’’ as defined by 5 U.S.C. the atmosphere should be chosen only recordkeeping requirements, Primary § 804(2). if none of the other options is available. lead smelters.

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Dated: May 13, 1999. in this subpart and Table 1: § 63.6 in part by poor maintenance or careless Carol M. Browner, (Compliance with standards and operation are not malfunctions. Administrator. maintenance requirements), § 63.9 Materials storage and handling area BILLING CODE 6560±50±P (Notification requirements), and § 63.10 means any area of a primary lead (Recordkeeping and reporting For reasons set out in the preamble, smelter in which lead-bearing materials requirements). Section § 63.11 (Control 40 CFR part 63 is amended as follows: (including ore concentrate, sinter, device requirements) does not apply to granulated lead, dross, slag, and flue PART 63ÐNATIONAL EMISSION this subpart. dust) are stored or handled between process steps, including areas in which STANDARDS FOR HAZARDOUS AIR § 63.1542 Definitions. POLLUTANTS FOR SOURCE materials are stored in piles, bins, or Terms used in this subpart are CATEGORIES tubs, and areas in which material is defined in the Act, in subpart A of this prepared for charging to a sinter 1. The authority citation for part 63 part, or in this section as follows: machine or smelting furnace. continues to read as follows: Bag leak detection system means a Operating time means the period of system that is capable of continuously Authority: 42 U.S.C. 7401 et seq. time in hours that an affected source is monitoring relative particulate matter in operation beginning at a startup and 2. Part 63 is amended by adding (dust) loadings in the exhaust of a subpart TTT, to read as follows: ending at the next shutdown. baghouse in order to detect bag leaks Plant operating time means the period and other upset conditions. A bag leak Subpart TTTÐNational Emission of time in hours that either a sinter detection system includes, but is not machine or blast furnace is in operation. Standards for Hazardous Air Pollutants limited to, an instrument that operates for Primary Lead Smelting Plant roadway means any area of a on triboelectric, light scattering, light primary lead smelter that is subject to Sec. transmittance, or other effect to vehicle traffic, including traffic by fork 63.1541 Applicability. continuously monitor relative lifts, front-end loaders, or vehicles 63.1542 Definitions. particulate matter loadings. carrying ore concentrates or cast lead 63.1543 Standards for process and process Blast furnace means any reduction ingots. Excluded from this definition are fugitive sources. furnace to which sinter is charged and employee and visitor parking areas, 63.1544 Standards for fugitive dust sources. which forms separate layers of molten provided they are not subject to traffic 63.1545 Compliance dates. slag and lead bullion. by vehicles carrying lead-bearing 63.1546 Test methods. Building means a roofed and walled 63.1547 Monitoring requirements. materials. structure with limited openings to allow 63.1548 Notification requirements. Primary lead smelter means any access and egress for people and 63.1549 Recordkeeping and reporting facility engaged in the production of vehicles. requirements. lead metal from lead sulfide ore 63.1550 Delegation of authority. Charging location means the physical opening through which raw materials concentrates through the use of Subpart TTTÐNational Emission are introduced into a sinter machine, pyrometallurgical techniques. Standards for Hazardous Air Pollutants blast furnace, or dross furnace. Process fugitive source means a for Primary Lead Smelting Dross furnace means any smelting source of hazardous air pollutant furnace to which drosses are charged emissions at a primary lead smelter that § 63.1541 Applicability. and which chemically and physically is associated with lead smelting or (a) The provisions of this subpart separates lead from other impurities. refining but is not the primary exhaust apply to the following affected sources Drossing and refining kettle means an stream and is not a fugitive dust source. at primary lead smelters: sinter open-top vessel that is constructed of Process fugitive sources include sinter machine, blast furnace, dross furnace, cast iron or steel and is indirectly machine charging locations, sinter process fugitive sources, and fugitive heated from below and contains molten machine discharge locations, sinter dust sources. The provisions of this lead for the purpose of drossing, crushing and sizing equipment, furnace subpart do not apply to secondary lead refining, or alloying lead. Included are charging locations, furnace taps, smelters, lead refiners, or lead remelters. pot furnaces, receiving kettles, and drossing kettles, and refining kettles. (b) Table 1 of this subpart specifies holding kettles. Refining and casting area means any the provisions of subpart A that apply Fugitive dust source means a area of a primary lead smelter in which and those that do not apply to owners stationary source of hazardous air drossing or refining operations occur, or and operators of primary lead smelters. pollutant emissions at a primary lead casting operations occur. The following sections of part 63 apply smelter resulting from the handling, Shutdown means the cessation of to this subpart as stated in subpart A storage, transfer, or other management operation of an affected source for any and Table 1: § 63.1 (Applicability), of lead-bearing materials where the purpose. § 63.2 (Definitions), § 63.3 (Units and source is not associated with a specific Sinter machine means any device in abbreviations), § 63.4 (Prohibited process, process vent, or stack. Fugitive which a lead sulfide ore concentrate activities and circumvention), § 63.5 dust sources include roadways, storage charge is heated in the presence of air (Construction and reconstruction), piles, materials handling transfer points, to eliminate sulfur contained in the § 63.7 (Performance testing and materials transport areas. charge and to agglomerate the charge requirements), § 63.8 (Monitoring Furnace area means any area of a into a hard porous mass called sinter. requirements), § 63.12 (State authority primary lead smelter in which a blast Sinter machine area means any area and delegations), § 63.13 (Addresses of furnace or dross furnace is located. of a primary lead smelter where a sinter State air pollution control agencies and Malfunction means any sudden, machine, or sinter crushing and sizing EPA Regional Offices), § 63.14 infrequent, and not reasonably equipment is located. (Incorporations by reference), and preventable failure of air pollution Sinter machine discharge end means § 63.15 (Availability of information control equipment, process equipment, the physical opening at the end of a confidentiality). The following sections or a process to operate in a normal or sinter machine where the sinter exits of part 63 apply to the extent specified usual manner. Failures that are caused the sinter machine.

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Startup means the setting in operation system required under § 63.1547(c)(9) determined according to the following of an affected source for any purpose. does not sound for more than five test methods in appendix A of part 60 Tapping location means the opening percent of the total operating time in a of this chapter: thru which lead and slag are removed 6-month reporting period. (i) Method 1 shall be used to select from the furnace. (g) The owner or operator of a primary the sampling port location and the lead smelter shall record the date and number of traverse points. § 63.1543 Standards for process and time of a bag leak detection system process fugitive sources. (ii) Method 2 shall be used to measure alarm and initiate procedures to volumetric flow rate. (a) No owner or operator of any determine the cause of the alarm (iii) Method 3 shall be used for gas existing, new, or reconstructed primary according to the corrective action plan analysis. lead smelter shall discharge or cause to required under § 63.1547(c)(9) within 1 (iv) Method 4 shall be used to be discharged into the atmosphere lead hour of the alarm. The cause of the determine moisture content of the stack compounds in excess of 500 grams of alarm shall be corrected as soon as gas lead per megagram of lead metal practicable. (v) Method 12 shall be used to produced (1.0 pounds of lead per ton of measure the lead emission rate of the lead metal produced) from the § 63.1544 Standards for fugitive dust stack gas. The minimum sample volume aggregation of emissions discharged sources. shall be 0.85 dry standard cubic meters from the air pollution control devices (a) Each owner or operator of a (30 dry standard cubic feet) and the used to control emissions from the primary lead smelter shall prepare, and minimum sampling time shall be 60 sources listed in paragraphs (a)(1) at all times operate according to, a minutes for each run. Three runs shall through (a)(9) of this section. standard operating procedures manual be performed and the average of the (1) Sinter machine; that describes in detail the measures three runs shall be used to determine (2) Blast furnace; that will be put in place to control compliance. (3) Dross furnace; fugitive dust emissions from the sources (4) Dross furnace charging location; (2) The lead production rate, in units listed in paragraphs (a)(1) through (a)(5) of megagrams per hour, shall be (5) Blast furnace and dross furnace of this section: tapping location; determined based on production data (1) Plant roadways; for the previous 12 calendar months (6) Sinter machine charging location; (2) Material storage and handling according to the procedures detailed in (7) Sinter machine discharge end; area(s); paragraphs (a)(2)(i) through (a)(2)(v) of (8) Sinter crushing and sizing (3) Sinter machine area(s); this section: equipment; and (4) Furnace area(s); and (i) Total lead products production (9) Sinter machine area. (5) Refining and casting area(s). multiplied by the fractional lead content (b) The process fugitive sources listed (b) Not withstanding paragraph (c) of shall be determined in units of in paragraphs (a)(4) through (a)(8) of this this section, the standard operating megragrams. section shall be equipped with a hood procedures manual shall be submitted (ii) Total copper matte production and shall be ventilated to a baghouse or to the Administrator or delegated multiplied by the fractional lead content equivalent control device. The hood authority for review and approval. shall be determined in units of design and ventilation rate shall be (c) Existing manuals that describe the megragrams. consistent with American Conference of measures in place to control fugitive Governmental Industrial Hygienists dust sources required as part of a State (iii) Total copper speiss production recommended practices. implementation plan for lead shall multiplied by the fractional lead content (c) The sinter machine area shall be satisfy the requirements of paragraph (a) shall be determined in units of enclosed in a building that is ventilated of this section provided they address the megragrams. to a baghouse or equivalent control sources listed in paragraphs (a)(1) (iv) Total lead production shall be device at a rate that maintains a positive through (a)(5) of this section. determined by summing the values in-draft through any doorway opening. obtained in paragraphs (a)(2)(i) through (d) Except as provided in paragraph § 63.1545 Compliance dates. (a)(2)(iii) of this section. (e) of this section, following the initial (a) Each owner or operator of an (v) The lead production rate, in units test to demonstrate compliance with existing primary lead smelter shall of megragrams per hours, shall be paragraph (a) of this section, the owner achieve compliance with the calculated based on the total lead or operator of a primary lead smelter requirements of this subpart no later production, as determined in shall conduct a compliance test for lead than May 4, 2001. accordance with paragraph (a)(2)(iv) of compounds on an annual basis (no later (b) Each owner or operator of a this section, divided by the total plant than 12 calendar months following any primary lead smelter that commences operating time, in hours, for the previous compliance test). construction or reconstruction after previous 12 months. (e) If the three most recent compliance April 17, 1998, shall achieve (3) The sum of lead compound tests demonstrate compliance with the compliance with the requirements of emission rates for the sources in emission limit specified in paragraph (a) this subpart by June 4, 1999 or upon § 63.1543(a)((1) through (a)(9), as of this section, the owner or operator of startup of operations, whichever is later. determined in accordance with a primary lead smelter shall be allowed paragraph (a)(1) of this section, shall be up to 24 calendar months from the last § 63.1546 Test methods. divided by the lead production rate, as compliance test to conduct the next (a) The following procedure shall be determined in accordance with compliance test for lead compounds. used to determine compliance with the paragraph (a)(2)(v) of this section, to (f) The owner or operator of a primary emissions standard for lead compounds obtain a production-based, lead lead smelter shall maintain and operate under § 63.1543(a): compound emission rate in units of each baghouse used to control emissions (1) The lead compound emission rate, grams of lead per megagram of lead from the sources listed in paragraphs in units of grams of lead per hour, for metal produced. The production-based, (a)(1) through (a)(9) of this section such each source listed in § 63.1543(a)(1) lead compound emission rate shall be that the alarm on a bag leak detection through § 63.1543(a)(9) shall be used to determine compliance with the

VerDate 06-MAY-99 14:34 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\04JNR2.XXX pfrm07 PsN: 04JNR2 30206 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations emissions standard for lead compounds (6) Quarterly visual check of bag (6) Following initial adjustment, the under § 63.1543(a). tension on reverse air and shaker-type owner or operator shall not adjust the (b) Owner and operators shall perform baghouses to ensure that bags are not sensitivity or range, averaging period, an initial compliance test to kinked (kneed or bent) or laying on their alarm set points, or alarm delay time, demonstrate compliance with the sinter sides. Such checks are not required for except as detailed in the approved SOP building in-draft requirements of shaker-type baghouses using self- required under paragraph (a) of this § 63.1543(c) at each doorway opening in tensioning (spring loaded) devices. section. In no event shall the sensitivity accordance with paragraphs (b)(1) (7) Quarterly confirmation of the be increased by more than 100 percent through (b)(4) of this section. physical integrity of the baghouse or decreased more than 50 percent over (1) Use a propeller anemometer or through visual inspection of the a 365-day period unless a responsible equivalent device. baghouse interior for air leaks. official certifies that the baghouse has (2) Determine doorway in-draft by (8) Quarterly inspection of fans for been inspected and found to be in good placing the anemometer in the plane of wear, material buildup, and corrosion operating condition. the doorway opening near its center. through visual inspection, vibration (7) For negative pressure, induced air (3) Determine doorway in-draft for detectors, or equivalent means. baghouses, and positive pressure each doorway that is open during (9) Except as provided in paragraph baghouses that are discharged to the normal operation with all remaining (h) of this section, continuous operation atmosphere through a stack, the bag leak doorways in their customary position of a bag leak detection system. detector must be installed downstream during normal operation. (d) The procedures specified in the of the baghouse and upstream of any (4) Do not determine doorway in-draft standard operating procedures manual wet acid gas scrubber. when ambient wind speed exceeds 2 for maintenance shall, at a minimum, (8) Where multiple detectors are meters per second. include a preventative maintenance required, the system’s instrumentation schedule that is consistent with the and alarm may be shared among § 63.1547 Monitoring requirements. baghouse manufacturer’s instructions detectors. (a) Owners and operators of primary for routine and long-term maintenance. (f) The standard operating procedures lead smelters shall prepare, and at all (e) The bag leak detection system manual required by paragraph (a) of this times operate according to, a standard required by paragraph (c)(9) of this section shall include a corrective action operating procedures manual that section shall meet the specifications and plan that specifies the procedures to be describes in detail the procedures for requirements of (e)(1) through (e)(8) of followed in the event of a bag leak inspection, maintenance, and bag leak this section. detection system alarm. The corrective detection and corrective action for all (1) The bag leak detection system action plan shall include, at a baghouses that are used to control must be certified by the manufacturer to minimum, procedures to be used to process, process fugitive, or fugitive be capable of detecting particulate determine the cause of an alarm, as well dust emissions from any source subject matter emissions at concentrations of 10 as actions to be taken to minimize to the lead emission standards in milligram per actual cubic meter (0.0044 emissions, which may include, but are §§ 63.1543 and 63.1544, including those grains per actual cubic foot) or less. not limited to, the following. used to control emissions from general (2) The bag leak detection system (1) Inspecting the baghouse for air ventilation systems. sensor must provide output of relative leaks, torn or broken bags or filter (b) The standard operating procedures particulate matter loadings, and the media, or any other condition that may manual for baghouses required by owner or operator shall continuously cause an increase in emissions. paragraph (a) of this section shall be record the output from the bag leak (2) Sealing off defective bags or filter submitted to the Administrator or detection system. media. delegated authority for review and (3) The bag leak detection system (3) Replacing defective bags or filter approval. must be equipped with an alarm system media, or otherwise repairing the (c) The procedures specified in the that will sound when an increase in control device. standard operating procedures manual relative particulate loading is detected (4) Sealing off a defective baghouse for inspections and routine maintenance over a preset level, and the alarm must compartment. shall, at a minimum, include the be located such that it can be heard by (5) Cleaning the bag leak detection requirements of paragraphs (c)(1) the appropriate plant personnel. system probe, or otherwise repairing the through (c)(9) of this section. (4) Each bag leak detection system bag leak detection system. (1) Daily monitoring of pressure drop that works based on the triboelectric (6) Shutting down the process across each baghouse cell to ensure effect shall be installed, calibrated, and producing the particulate emissions. pressure drop is within the normal maintained in a manner consistent with (g) The percentage of total operating operating range identified in the guidance provided in the U.S. time the alarm on the bag leak detection standard operating procedures manual. Environmental Protection Agency system sounds in a 6-month reporting (2) Weekly confirmation that dust is guidance document ‘‘Fabric Filter Bag period shall be calculated in order to being removed from hoppers through Leak Detection Guidance’’ (EPA–454/R– determine compliance with the five visual inspection or equivalent means of 98–015). Other bag leak detection percent operating limit in § 63.1543(f). ensuring the proper functioning of systems shall be installed, calibrated, The percentage of time the alarm on the removal mechanisms. and maintained in a manner consistent bag leak detection system sounds shall (3) Daily check of compressed air with the manufacturer’s written be determined according to paragraphs supply for pulse-jet baghouses. specifications and recommendations. (g)(1) through (g)(5) of this section. (4) An appropriate methodology for (5) The initial adjustment of the (1) Alarms that occur due solely to a monitoring cleaning cycles to ensure system shall, at a minimum, consist of malfunction of the bag leak detection proper operation. establishing the baseline output by system shall not be included in the (5) Monthly check of bag cleaning adjusting the sensitivity (range) and the calculation. mechanisms for proper functioning averaging period of the device, and (2) Alarms that occur during startup, through visual inspection or equivalent establishing the alarm set points and the shutdown, or malfunction shall not be means. alarm delay time. included in the calculation if the

VerDate 06-MAY-99 14:34 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\04JNR2.XXX pfrm07 PsN: 04JNR2 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations 30207 condition is described in the startup, monitoring device that continuously of these plans and procedures. Owners shutdown, and malfunction plan and records the actual volumetric flow rate or operators of existing primary lead the owner or operator follows all the through each separately ducted hood; or smelters shall submit this notification procedures in the plan defined for this install, calibrate, maintain, and operate no later than November 6, 2000. The condition. a monitoring device that continuously owner or operator of a primary lead (3) For each alarm where the owner or records the volumetric flow rate at the smelter that commences construction or operator initiates procedures to control device inlet of each exhaust reconstruction after April 17, 1998, shall determine the cause of an alarm within system ventilating the building. The submit this notification no later than 1 hour of the alarm, 1 hour of alarm flow rate monitoring device(s) can be 180 days before startup of the time shall be counted. installed in any location in the exhaust constructed or reconstructed primary (4) For each alarm where the owner or duct such that reproducible flow rate lead smelter, but no sooner than operator does not initiate procedures to monitoring will result. The flow rate September 2, 1999. determine the cause of the alarm within monitoring device(s) shall have an 1 hour of the alarm, alarm time will be accuracy of plus or minus 10 percent § 63.1549 Recordkeeping and reporting counted as the actual amount of time over its normal operating range and requirements. taken by the owner or operator to shall be calibrated according to (a) The owner or operator of a primary initiate procedures to determine the manufacturer’s instructions. lead smelter shall comply with all of the cause of the alarm. (ii) During the initial demonstration of recordkeeping requirements of § 63.10 (5) The percentage of time the alarm sinter building in-draft, and at any time of subpart A, General Provisions. on the bag leak detection system sounds the owner or operator wishes to re- (b) In addition to the general records shall be calculated as the ratio of the establish the baseline ventilation required by paragraph (a) of this section, sum of alarm times to the total operating parameters, the owner or operator shall each owner or operator of a primary time multiplied by 100. continuously record the volumetric flow lead smelter shall maintain for a period (h) Baghouses equipped with HEPA rate through each separately ducted of 5 years, records of the information filters as a secondary filter used to hood, or continuously record the listed in paragraphs (b)(1) through (b)(8) control process or process fugitive volumetric flow rate at the control of this section. sources subject to the lead emission device inlet of each exhaust system (1) Production records of the weight standards in § 63.1543 are exempt from ventilating the building and record and lead content of lead products, the requirement in § 63.1543(c)(9) to be exhaust system damper positions. The copper matte, and copper speiss. equipped with a bag leak detector. The owner or operator shall determine the (2) Records of the bag leak detection owner or operator of an affected source average volumetric flow rate(s) system output. that uses a HEPA filter shall monitor corresponding to the period of time the (3) An identification of the date and and record the pressure drop across the in-draft compliance determinations are time of all bag leak detection system HEPA filter system daily. If the pressure being conducted. alarms, the time that procedures to drop is outside the limit(s) specified by (iii) The owner or operator shall determine the cause of the alarm were the filter manufacturer, the owner or maintain the volumetric flow rate(s) at initiated, the cause of the alarm, an operator must take appropriate or above the value(s) established during explanation of the actions taken, and the corrective measures, which may the most recent in-draft determination at date and time the cause of the alarm was include, but not be limited to, the all times the sinter machine is in corrected. following: operation. Volumetric flow rate(s) shall (4) Any recordkeeping required as (1) Inspecting the filter and filter be calculated as a 15-minute average. part of the practices described in the housing for air leaks and torn or broken (iv) If the volumetric flow rate is standard operating procedures manual filters. monitored at the control device inlet, required under § 63.1544(a) for the (2) Replacing defective filter media, or the owner or operator shall check and control of fugitive dust emissions. otherwise repairing the control device. record damper positions daily to ensure (5) Any recorkeeping required as part (3) Sealing off a defective control they are in the positions they were in of the practices described in the device by routing air to other control during the most recent in-draft standard operating procedures manual devices. determination. for baghouses required under (4) Shutting down the process (3) An owner or operator may request § 63.1547(a). producing the particulate emissions. an alternative monitoring method by (6) If an owner or operator chooses to (i) Owners and operators shall following the procedures and demonstrate continuous compliance monitor sinter machine building in-draft requirements in § 63.8(f) of the General with the sinter building in-draft to demonstrate continued compliance Provisions. requirement under § 63.1543(c) by with the operating standard specified in employing the method allowed in § 63.1543(c) in accordance with either § 63.1548 Notification requirements. § 63.1546(i)(1), the records of the daily paragraph (i)(1), (i)(2), or (i)(3) of this (a) The owner or operator of a primary doorway in-draft checks, an section. lead smelter shall comply with all of the identification of the periods when there (1) Owners and operators shall check notification requirements of § 63.9 of was not a positive in-draft, and an and record on a daily basis doorway in- subpart A, General Provisions. explanation of the corrective actions draft at each doorway in accordance (b) The owner or operator of a primary taken. with the methodology specified in lead smelter shall submit the fugitive (7) If an owner or operator chooses to § 63.1546(b). dust control standard operating demonstrate continuous compliance (2) Owners and operators shall procedures manual required under with the sinter building in-draft establish and maintain baseline § 63.1544(a) and the standard operating requirement under § 63.1543(c) by ventilation parameters which result in a procedures manual for baghouses employing the method allowed in positive in-draft according to paragraphs required under § 63.1547(a) to the § 63.1546(i)(2), the records of the output (i)(2)(i) through (i)(2)(iv) of this section. Administrator or delegated authority from the continuous volumetric flow (i) Owners and operators shall install, along with a notification that the monitor(s), an identification of the calibrate, maintain, and operate a smelter is seeking review and approval periods when the 15-minute volumetric

VerDate 06-MAY-99 13:48 Jun 03, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\A04JN0.023 pfrm07 PsN: 04JNR2 30208 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Rules and Regulations flow rate dropped below the minimum following each bag leak detection the most recent in-draft determination, established during the most recent in- system alarm pursuant to § 63.1547(f). and an explanation of the corrective draft determination, and an explanation (3) The reports shall include a actions taken. of the corrective actions taken. calculation of the percentage of time the (7) The reports shall contain a (8) If an owner or operator chooses to alarm on the bag leak detection system summary of the records maintained as demonstrate continuous compliance sounded during the reporting period part of the practices described in the with the sinter building in-draft pursuant to § 63.1547(g). standard operating procedures manual requirement under § 63.1543(c) by (4) If an owner or operator chooses to for baghouses required under employing the method allowed in demonstrate continuous compliance § 63.1547(a), including an explanation § 63.1546(i)(2), and volumetric flow rate with the sinter building in-draft of the periods when the procedures is monitored at the baghouse inlet, requirement under § 63.1543(c) by were not followed and the corrective records of the daily checks of damper employing the method allowed in actions taken. positions, an identification of the days § 63.1546(i)(1), the reports shall contain an identification of the periods when (8) The reports shall contain a that the damper positions were not in summary of the fugitive dust control the positions established during the there was not a positive in-draft, and an explanation of the corrective actions measures performed during the required most recent in-draft determination, and reporting period, including an an explanation of the corrective actions taken. (5) If an owner or operator chooses to explanation of any periods when the taken. demonstrate continuous compliance procedures outlined in the standard (c) Records for the most recent 2 years with the sinter building in-draft operating procedures manual required of operation must be maintained on site. requirement under § 63.1543(c) by by § 63.1544(a) were not followed and Records for the previous 3 years may be employing the method allowed in the corrective actions taken. The reports maintained off site. § 63.1546(i)(2), the reports shall contain shall not contain copies of the daily (d) The owner or operator of a an identification of the periods when records required to demonstrate primary lead smelter shall comply with the 15-minute volumetric flow rate(s) compliance with the requirements of the all of the reporting requirements of dropped below the minimum standard operating procedures manuals § 63.10 of subpart A, General Provisions. established during the most recent in- required under §§ 63.1544(a) and (e) In addition to the information draft determination, and an explanation § 63.1547(a). required under § 63.10 of the General of the corrective actions taken. § 63.1550 Delegation of authority Provisions, the owner or operator shall (6) If an owner or operator chooses to provide semi-annual reports containing demonstrate continuous compliance (a) In delegating implementation and the information specified in paragraphs with the sinter building in-draft enforcement authority to a State under (e)(1) through (e)(7) of this section to the requirement under § 63.1543(c) by section 112(1) of the act, the authorities Administrator or designated authority. employing the method allowed in contained in paragraph (b) of this (1) The reports shall include records § 63.1546(i)(2), and volumetric flow rate section shall be retained by the of all alarms from the bag leak detection is monitored at the baghouse inlet, the Administrator and not transferred to a system specified in § 63.1547(e). reports shall contain an identification of State. (2) The reports shall include a the days that the damper positions were (b) Authorities which will not be description of the actions taken not in the positions established during delegated to States: no restrictions.

TABLE 1 OF SUBPART TTTÐGENERAL PROVISIONS APPLICABILITY TO SUBPART TTT

Applies to subpart Reference TTT Comment

§ 63.1 ...... Yes § 63.2 ...... Yes § 63.3 ...... Yes § 63.4 ...... Yes § 63.5 ...... Yes § 63.6(a), (b), (c), (e), (f), (g), (i) and (j) ...... Yes § 63.6(d) and (h) ...... No No opacity limits in rule. § 63.7 ...... Yes § 63.8 ...... Yes § 63.9 (a), (b), (c), (d), (e), (g), (h)(1) through (3), (h)(5) and Yes (6), (i) and (j). § 63.9(f) and (h)(4) ...... No No opacity or visible emission limits in rule. § 63.10 ...... Yes § 63.11 ...... No Flares will not be used to comply with the emission limits. § 63.12 through 63.15 ...... Yes

[FR Doc. 99–12757 Filed 6–3–99; 8:45 am] BILLING CODE 6560±50±M

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DEPARTMENT OF EDUCATION equal to 4 times the amount of the support of the facility. The private contribution of the State or local public entity must provide matching funds for [CFDA No. 84.345] entity, except that not more than 20 the support of the facility in an amount Office of Postsecondary Education; percent of the matching funds may be equal to 4 times the amount of the Underground Railroad Educational and provided by the Federal Government; contribution of the State or local public Cultural Program: Notice Inviting (3) To create an endowment to fund entity, except that not more than 20 Applications for Grants Under the any and all shortfalls in the costs of the percent of the matching funds may be Underground Railroad Educational and on-going operations of the facility; provided by the Federal Government. Cultural Program for Fiscal Year (FY) (4) To establish a network of satellite (3) Endowment (5 points). How well 1999 centers throughout the United States to the applicant organization addresses the help disseminate information regarding requirement to create an endowment to Purpose of program: To provide the Underground Railroad throughout fund any and all shortfalls in the costs grants to nonprofit educational the United States, if these satellite of the on-going operations of the facility. organizations that are established to centers raise 80 percent of the funds (4) Satellite Center (10 points). How research, display, interpret, and collect required to establish the satellite centers well the applicant organization artifacts relating to the history of the from non-Federal public and private addresses the requirement to establish a Underground Railroad. sources; network of satellite centers throughout Eligible applicants: Nonprofit (5) To establish the capability to the United States to disseminate educational organizations that are electronically link the facility with other information regarding the Underground established to research, display, local and regional facilities that have Railroad and demonstrates the ability to interpret, and collect artifacts relating to collections and programs that interpret raise 80 percent of the funds required the history of the Underground the history of the Underground from non-Federal public and private Railroad. Railroad; and sources. Deadline for transmittal of (6) To submit, for each fiscal year for (5) Electronic Link (10 points). How applications: July 6, 1999. which the organization receives funding well the applicant organization Deadline for intergovernmental under this program, a report to the addresses the requirement to establish review: September 7, 1999. Department that contains— the capability to electronically link the Available funds: $1,750,000. (a) A description of the programs and facility with other local and regional Estimated range of awards: $100,000 activities supported by the funding; facilities that have collections and to $1,750,000. (b) The audited financial statement of programs which interpret the history of Estimated Average Size of Awards: the organization for the preceding fiscal the Underground Railroad. $580,000. year; (6) Quality of Program Personnel (10 Estimated number of awards: 1–3. (c) A plan for the programs and points). The Secretary considers the activities to be supported by the funding Note: The Department is not bound by any quality of the personnel who will carry estimates in this notice. as the Secretary may require; and (d) An evaluation of the programs and out the proposed program. In Applicable statute and regualtions: (a) activities supported by the funding as determining the quality of project Section 841 of the Higher Education the Secretary may require. personnel, the Secretary considers the Amendments of 1998, Public Law 105– following: 244, 20 U.S.C. section 1153; and (b) the Selection Criteria (a) The qualifications including Education Department General Applications for Underground relevant training and experience of key Administrative Regulations (EDGAR) in Railroad Educational and Cultural personnel. (5 points) 34 CFR parts 74, 75, 77, 79, 80, 82, 85, Program grants will be evaluated using (b) The extent to which the applicant and 86. the following weighted selection criteria encourages applications for employment Other Requirements from section 841 of the Higher from persons who are members of Education Amendments of 1998 and 34 groups that have traditionally been Authorized Activities CFR 75.210. The maximum score for underrepresented based on race, color, As required by statute, each nonprofit each criterion is indicated in national origin, gender, age, or educational organization awarded a parentheses. The maximum overall disability. (5 points) grant under this program must enter score is 100 points. Your grant (7) Quality of Management Plan (15 into an agreement with the Department. application must carefully address each points). The Secretary considers the Each agreement must require the of the selection criteria and describe quality of the management plan for the organization— your efforts in these areas in detail. proposed grant program. In determining (1) To establish a facility to house, (1) Overall Concept (20 points). How the quality of the management plan for display, and interpret the artifacts well the facility supported by the the proposed project, the Secretary related to the history of the proposed grant would effectively house, considers the following: Underground Railroad, and to make the display, and interpret artifacts related to (a) The adequacy of the management interpretive efforts available to the history of the Underground Railroad plan to achieve the objectives of the institutions of higher education that and make the interpretive efforts proposed project on time and within award a baccalaureate or graduate available to institutions of higher budget, including clearly defined degree; education that award a baccalaureate or responsibilities, timelines, and (2) To demonstrate substantial private graduate degree. milestones for accomplishing project support for the facility through the (2) Public-Private Support (20 points). tasks. (5 points) implementation of a public-private How well the applicant organization (b) The adequacy of procedures for partnership between a State or local demonstrates substantial private ensuring feedback and continuous public entity and a private entity for the support for the facility through the improvement in the operation of the support of the facility. The private implementation of a public-private proposed project. (5 points) entity must provide matching funds for partnership between a State or local (c) How the applicant will ensure that the support of the facility in an amount public entity and a private entity for the a diversity of perspectives are brought to

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Individuals determining the quality of the disseminate information regarding the who use a telecommunications device evaluation, the Secretary considers the Underground Railroad throughout the for the deaf (TDD) may call the Federal following: United States. If the applicant’s Information Relay Service (FIRS) at 1– (a) The extent to which the methods organization does intend to establish a 800–877–8339. of evolution are thorough, feasible, and network, the applicant must describe Individuals with disabilities may appropriate to the goals, objectives, and the network and document how the obtain this document in an alternate outcomes of the proposed project. (7 satellite centers will raise 80 percent of format (e.g., Braille, large print, points) the funds required from non-Federal audiotape, or computer diskette) on public and private sources. (b) The extent to which the evaluation request to the contact person listed in (6) A detailed description of how the will provide guidance about effective the preceding paragraph. applicant intends to electronically link strategies suitable for replication or the facility with other local and regional Electronic Access to This Document testing in other settings. (3 points) facilities that have collections and You may view this document, as well Application Requirements programs which interpret the history of as all other Department of Education the Underground Railroad, including a An application submitted for funding documents published in the Federal listing of the facilities the applicant Register, in text or Adobe Portable under this program must include— intends to include. (1) The name, address, and web site Document Format (PDF) on the Internet address, if any, of the nonprofit Instructions for Submitting an at either of the following sites: educational organization seeking to Application http://ocfo.ed.gov/fedreg.htm participate, and the name, title, mailing Applicants should submit a narrative http://www.ed.gov/news.html and e-mail address, and telephone that addresses the elements described in To use the PDF you must have the number of a contact person for the this notice under ‘‘Application Adobe Acrobat Reader Program with organization. Requirements.’’ There is no prescribed Search, which is available free at either (2) A description of the facility that application form for the program. All of the previous sites. If you have will be used to house, display, and applications should clearly designate a questions about using the PDF, call the interpret the artifacts related to the contact person, telephone number, and U.S. Government Printing Office (GPO), history of the Underground Railroad the e-mail address of the contact person. toll free, at 1–888–293–6498; or in the and to make the interpretive efforts Applicants need only submit one Washington, DC area, at (202) 512–1530. available to institutions of higher original application. No copies are Note: The official version of this document education that award a baccalaureate or necessary. Applications must be is the document published in the Federal graduate degree. postmarked on or before the deadline Register. Free Internet access to the official (3) A description of the substantial date. edition of the Federal Register and the Code private support for the facility through Mail the application on or before the of Federal Regulations is available on GPO the implementation of a public-private deadline date to Linda Kleckner, U.S. Access at: http://www.access.gpo.gov/nara/ partnership between a State or local Department of Education, 400 Maryland index.html. public entity and a private entity for the Avenue, SW., Room 4050, ROB–3, Program Authority: Section 841 of the support of the facility and Washington, DC 20202, or hand deliver Higher Education Amendments of 1998, Pub. documentation that these entities will the application by 4:30 p.m. L. 105–244, 20 U.S.C. 1153. provide matching funds as required in (Washington, DC time) on the deadline Dated: May 28, 1999. section 841(b)(2) of the Higher date to Linda Kleckner, U.S. Department David A. Longanecker, Education Amendments of 1998. of Education, Seventh & D Streets, SW., Assistant Secretary for Postsecondary (4) A description of how the Room 4050, ROB–3, Washington, DC. Education. endowment will be created to fund any FOR FURTHER INFORMATION CONTACT: [FR Doc. 99–14117 Filed 6–3–99; 8:45 am] and all shortfalls in the costs of the on- Linda Kleckner at the address in the BILLING CODE 4000±01±U

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Reader Aids Federal Register Vol. 64, No. 107 Friday, June 4, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

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 240...... 29550 Proposed Rules: Presidential Documents Proclamations: 240...... 29608 Executive orders and proclamations 523±5227 7103 (See Proc. The United States Government Manual 523±5227 7202) ...... 29773 18 CFR 7201...... 29769 Proposed Rules: 7202...... 29773 Other Services 385...... 29614 Administrative Orders: Electronic and on-line services (voice) 523±4534 Memorandums 19 CFR Privacy Act Compilation 523±3187 May 26, 1999...... 29539 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 523±6641 Presidential Determinations: 4...... 29975 TTY for the deaf-and-hard-of-hearing 523±5229 No. 99±25 of May 24, 159...... 29975 1999 ...... 29537 351...... 29818 ELECTRONIC RESEARCH 7 CFR 20 CFR World Wide Web 301...... 29207, 29541 404...... 29786 Full text of the daily Federal Register, CFR and other 1780...... 29945 21 CFR publications: 8 CFR 172...... 29949 http://www.access.gpo.gov/nara 214...... 29208, 30103 173...... 29224 Federal Register information and research tools, including Public 175...... 29553 Inspection List, indexes, and links to GPO Access: 9 CFR 23 CFR http://www.nara.gov/fedreg 91...... 29947 Proposed Rules: 180...... 29742 E-mail 317...... 29702 PENS (Public Law Electronic Notification Service) is an E-mail 318...... 29602 24 CFR service that delivers information about recently enacted Public 381...... 29602 203...... 29758 Laws. To subscribe, send E-mail to 10 CFR 26 CFR [email protected] 2...... 29212, 29213 1...... 29788 with the text message: Proposed Rules: subscribe publaws-l 2...... 29246 30 CFR Use [email protected] only to subscribe or unsubscribe to 850...... 29811 Proposed Rules: PENS. We cannot respond to specific inquiries at that address. 917...... 29247 12 CFR 943...... 29249 Reference questions. Send questions and comments about the 4...... 29214 Federal Register system to: 32 CFR [email protected] 13 CFR 171...... 29227 The Federal Register staff cannot interpret specific documents or Proposed Rules: Proposed Rules: regulations. 121...... 29813 884...... 29252 14 CFR 33 CFR FEDERAL REGISTER PAGES AND DATES, JUNE 39 ...... 29777, 29788, 29781, 110...... 29554 29783 29207±29536...... 1 117 ...... 29558, 29559, 29561 71...... 29785 162...... 29554 29537±29776...... 2 401...... 29786 165...... 29554, 29561 29777±29944...... 3 411...... 29786 169...... 29229 29945±30212...... 4 413...... 29786 415...... 29786 34 CFR 417...... 29786 Proposed Rules: Proposed Rules: 99...... 29532 23...... 29247 39 ...... 29602, 29607, 29814, 37 CFR 29965, 29966, 29969, 29972 201...... 29518 71...... 29817 202...... 29518, 29522 203...... 29518 15 CFR 204...... 29518 774...... 30103 211...... 29518 17 CFR 40 CFR 5...... 29217 9...... 29490 30...... 30103 52 ...... 29235, 29563, 29567,

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29570, 29573, 29790, 29793, 29958 62...... 29796, 29961 63 ...... 29420, 29490, 30194 82...... 29240 180...... 29581, 29589 185...... 29589 186...... 29589 Proposed Rules: 52 ...... 29255, 29615, 29616, 29821, 29976 62...... 29822, 29976 81...... 29822 176...... 29823 42 CFR Proposed Rules: 5...... 29831 51c ...... 29831 43 CFR Proposed Rules: 3100...... 29256 3110...... 29256 3120...... 29256 3130...... 29256 3140...... 29256 3150...... 29256 3160...... 29256 3170...... 29256 3180...... 29256 47 CFR 51...... 29598 76...... 29598 Proposed Rules: 73 ...... 29977, 29978, 29979, 29980 48 CFR 52...... 30103 Proposed Rules: 808...... 29981 812...... 29981 813...... 29981 852...... 29981 853...... 29981 49 CFR 1...... 29601 80...... 29742 261...... 29742 640...... 29742 Proposed Rules: 40...... 29831 192...... 29834 195...... 29834 571...... 29616, 29617 50 CFR 20...... 29799 222...... 29805 223...... 29805 285...... 29806 635...... 29806 660...... 29808 679...... 29809 Proposed Rules: 17...... 29983 226...... 29618 622...... 29622 635...... 29984 648...... 29257 660...... 29834

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REMINDERS ENVIRONMENTAL AliensÐ The items in this list were COMMENTS DUE NEXT PROTECTION AGENCY Mass influx of aliens; editorially compiled as an aid WEEK Acquisition regulations: Attorney General to Federal Register users. Agency protests; incorporate authorization of State Inclusion or exclusion from solicitation notice; and Local law this list has no legal AGRICULTURE enforcement officers to DEPARTMENT comments due by 6-7-99; significance. published 4-8-99 enforce immigration law; Agricultural Marketing comments due by 6-7- Service Air pollution control; new motor vehicles and engines: 99; published 4-8-99 RULES GOING INTO Tobacco inspection: New nonroad spark-ignition JUSTICE DEPARTMENT EFFECT JUNE 4, 1999 Flu-cured tobacco; engines rated above 19 Criminal justice information regulations; comments kilowatts and new land- services systems and AGRICULTURE due by 6-11-99; published based recreational spark- procedures; comments due DEPARTMENT 5-12-99 ignition engines; by 6-9-99; published 5-10- Rural Utilities Service AGRICULTURE comments due by 6-11- 99 Water and waste loans and DEPARTMENT 99; published 4-29-99 grants: LABOR DEPARTMENT Animal and Plant Health Air quality implementation Agriculture, Rural Wage rates predetermination Inspection Service plans; approval and Development, Food and procedures; and construction Exportation and importation of promulgation; various Drug Administration and and nonconstruction animals and animal States: Related Agencies contracts; labor standards products: Appropriations Act; Wisconsin; comments due provisions: implementation; published Horses from Morocco; by 6-9-99; published 5-10- Davis-Bacon and Related 6-4-99 change in disease status; 99 Acts (DBRA) semi-skilled comments due by 6-7-99; COMMERCE DEPARTMENT Hazardous waste program helper regulations; published 4-6-99 comments due by 6-8-99; National Oceanic and authorizations: Interstate transportation of published 4-9-99 Atmospheric Administration New Jersey; comments due animals and animal products by 6-10-99; published 5- NATIONAL AERONAUTICS Endangered and threatened (quarantine): species: 11-99 AND SPACE Texas (Splenetic) fever in Critical habitat designationÐ Pesticides; tolerances in food, ADMINISTRATION cattle; incorporation by animal feeds, and raw Acquisition regulations: Central California Coast reference; comments due agricultural commodities: Agency protests; mandatory and Southern Oregon/ by 6-11-99; published 4- solicitation provision; Northern California 12-99 Avermectin; comments due Coasts coho salmon; by 6-7-99; published 4-7- comments due by 6-11- published 5-5-99 AGRICULTURE 99 99; published 4-12-99 DEPARTMENT ENVIRONMENTAL Dalapon, etc.; comments NUCLEAR REGULATORY PROTECTION AGENCY Commodity Credit due by 6-7-99; published COMMISSION Corporation Air pollutants, hazardous; 4-7-99 Public records: Loan and purchase programs: national emission standards: Propamocarb hydrochloride; Government in Sunshine Act Primary lead smelting; Noninsured crop disaster comments due by 6-7-99; regulations; comments published 6-4-99 assistance program; published 4-7-99 due by 6-9-99; published FEDERAL HOUSING comments due by 6-8-99; Tebufenozide; comments 5-10-99 published 4-9-99 FINANCE BOARD due by 6-7-99; published Correction; comments due Affordable housing program COMMERCE DEPARTMENT 4-7-99 by 6-9-99; published 5- operation: National Oceanic and FEDERAL 18-99 Program requirements Atmospheric Administration COMMUNICATIONS PERSONNEL MANAGEMENT clarification; published 5-5- Fishery conservation and COMMISSION OFFICE 99 management: Radio stations; table of Group life insurance, Federal HEALTH AND HUMAN Northeastern United States assignments: employees: SERVICES DEPARTMENT fisheriesÐ Georgia; comments due by Court orders; comments due Food and Drug Northeast multispecies; 6-8-99; published 4-30-99 by 6-7-99; published 4-6- Administration comments due by 6-7- FEDERAL TRADE 99 Food additives: 99; published 5-21-99 COMMISSION SECURITIES AND Sucrose acetate isobutyrate; Ocean and coastal resource Children's Online Privacy EXCHANGE COMMISSION published 6-4-99 management: Protection Act; Securities: TRANSPORTATION Marine sanctuariesÐ implementation; comments DEPARTMENT Broker-dealer registration Gulf of Farallones due by 6-11-99; published and reportingÐ Federal Aviation National Marine 4-27-99 Administration Form BD, uniform broker- Sanctuary, CA; JUSTICE DEPARTMENT Airworthiness directives: motorized personal dealer registration form; amendments; comments British Aerospace; published watercraft operation; Drug Enforcement due by 6-9-99; 5-5-99¶ comments due by 6-11- Administration 99; published 5-20-99 Schedules of controlled published 5-10-99 CORPORATION FOR substances: TRANSPORTATION RULES GOING INTO DEPARTMENT EFFECT JUNE 5, 1999 NATIONAL AND Ketamine; placement into COMMUNITY SERVICE Schedule III; comments Coast Guard due by 6-8-99; published TRANSPORTATION Grants and cooperative Drawbridge operations: 4-9-99 DEPARTMENT agreements; availability, etc.: Oregon; comments due by Federal Aviation AmeriCorps* programsÐ JUSTICE DEPARTMENT 6-7-99; published 4-8-99 Administration Education awards; Immigration and Meetings: Restricted areas; published 5- comments due by 6-8- Naturalization Service Emergency control 4-99 99; published 4-9-99 Immigration: measures for tank barges;

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comments due by 6-10- TRANSPORTATION Update Service) on 202±523± enacted public laws. To 99; published 4-15-99 DEPARTMENT 6641. This list is also subscribe, send E-mail to Ports and waterways safety: Federal Highway available online at http:// [email protected] with Administration www.nara.gov/fedreg. Hempstead Harbor, NY; the text message: safety zone; comments Right-of-way and environment: The text of laws is not due by 6-9-99; published Mitigation of impacts to published in the Federal subscribe PUBLAWS-L Your 5-10-99 wetlands; comments due Register but may be ordered Name. by 6-7-99; published 4-7- in ``slip law'' (individual Hudson River, NY; safety 99 pamphlet) form from the zone; comments due by Note: This service is strictly Superintendent of Documents, 6-9-99; published 5-10-99 TRANSPORTATION for E-mail notification of new DEPARTMENT U.S. Government Printing Western Long Island Sound, Office, Washington, DC 20402 public laws. The text of laws NY; safety zone; Research and Special is not available through this Programs Administration (phone, 202±512±1808). The comments due by 6-9-99; text will also be made service. PENS cannot respond Pipeline safety: published 5-10-99 available on the Internet from to specific inquiries sent to Hazardous liquified natural TRANSPORTATION GPO Access at http:// this address. gas facilities; safety DEPARTMENT www.access.gpo.gov/nara/ standardsÐ index.html. Some laws may Operations: Federal Aviation Gas and hazardous liquid not yet be available. Administration pipeline repair; Transactions with affiliates; Airworthiness directives: comments due by 6-7- H.R. 1034/P.L. 106±32 reverse repurchase To declare a portion of the Alexander Schleicher 99; published 4-7-99 agreements; comments James River and Kanawha Segelflugzeugbau; TREASURY DEPARTMENT due by 6-12-98; published Canal in Richmond, Virginia, comments due by 6-8-99; 4-13-98 Customs Service to be nonnavigable waters of published 4-26-99 Customs bonded the United States for purposes VETERANS AFFAIRS Boeing; comments due by wharehouses: of title 46, United States 6-10-99; published 4-26- Inventory reports filing; Code, and the other maritime DEPARTMENT 99 comments due by 6-7-99; laws of the United States. Acquisition regulations: Empresa Brasiliera de published 4-7-99 (June 1, 1999; 113 Stat. 115) Aeronautica S.A.; Last List May 26, 1999 Improper business practices comments due by 6-7-99; and personal conflicts of published 5-7-99 LIST OF PUBLIC LAWS interest and solicitation Lockheed; comments due Public Laws Electronic This is a continuing list of Notification Service provisions and contract by 6-7-99; published 4-23- public bills from the current clauses; comments due 99 (PENS) session of Congress which by 6-8-98; published 4-7- Class E airspace; comments have become Federal laws. It 98 due by 6-7-99; published 4- may be used in conjunction PENS is a free electronic mail 22-99 with ``P L U S'' (Public Laws notification service of newly

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