Thursday October 14, 1999 / Reader Aids

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Contents Federal Register Vol. 64, No. 198

Thursday, October 14, 1999

Agricultural Marketing Service Education Department NOTICES NOTICES Agency information collection activities: Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 55691 National Clearinghouse of Rehabilitation Training Materials Program, 55702–55703 Agriculture Department See Agricultural Marketing Service Employment and Training Administration See Commodity Credit Corporation NOTICES See Food and Nutrition Service Adjustment assistance: See Food Safety and Inspection Service Chahta Enterprise, 55753 See Rural Utilities Service McWilliam Forge, 55753 Pabst Engineering, 55753 Alcohol, Tobacco and Firearms Bureau Thomson Financial Co. Investext Group, 55753 RULES Adjustment assistance and NAFTA transitional adjustment Antiterrorism and Effective Death Penalty Act of 1996; assistance: implementation: Blount, Inc., et al., 55749–55753 Plastic explosives; detection agents requirement, 55625– Environmental statements; availability, etc.: 55629 Exeter, RI; new Job Corp Center, 55754–55755 Harford, CT; new Job Corps Center, 55755–55757 Army Department NAFTA transitional adjustment assistance: NOTICES Blount Co. et al., 55757–55760 Patent licenses; non-exclusive, exclusive, or partially Energy Department exclusive: See Federal Energy Regulatory Commission Capewell Components Co., L.L.C., 55702 NOTICES Committees; establishment, renewal, termination, etc.: Arts and Humanities, National Foundation DOE/NSF Nuclear Science Advisory Committee, 55703– See National Foundation on the Arts and the Humanities 55704 Grants and cooperative agreements; availability, etc.: Centers for Disease Control and Prevention Energy Efficiency and Renewable Energy Office; research, NOTICES development, and demonstration activities, 55704 Agency information collection activities: Meetings: Submission for OMB review; comment request, 55732 Environmental Management Site-Specific Advisory Meetings: Board— Public Health Service Activities and Research at DOE Paducah Gaseous Diffusion Plant, KY; correction, Sites Citizens Advisory Committee, 55732–55733 55704 National Coal Council Advisory Committee, 55704 Children and Families Administration NOTICES Environmental Protection Agency Agency information collection activities: RULES Proposed collection; comment request, 55733–55735 Hazardous waste program authorizations: Georgia, 55629–55632 Commerce Department PROPOSED RULES See International Trade Administration Air quality implementation plans; approval and See National Oceanic and Atmospheric Administration promulgation; various States: NOTICES New Jersey, 55662–55667 Agency information collection activities: New York, 55667–55671 Submission for OMB review; comment request, 55695– Hazardous waste program authorizations: 55696 Georgia, 55671 NOTICES Commodity Credit Corporation Agency information collection activities: NOTICES Submission for OMB review; comment request, 55709– Food purchases for humanitarian food assistance programs; 55710 Total Quality Systems Audit program implementation, Meetings: 55691–55692 Clean Air Act Advisory Committee, 55710–55711 Drinking water issues— Defense Department Contaminant identification and selection process and See Army Department 6-year review of all existing national primary RULES drinking water regulations; stakeholders, 55711– Acquisition regulations: 55712 Brand name or equal purchase descriptions, 55632–55633 Pesticide, food, and feed additive petitions: Congressional Medal of Honor, 55632 Interregional Research Project No. 4 et al., 55714–55721

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Pesticide programs: Federal Reserve System Organophosphates; risk assessments and public NOTICES participation in risk management— Banks and bank holding companies: Fenthion, 55712–55714 Change in bank control, 55726 Superfund program: Formations, acquisitions, and mergers, 55726–55727 Prospective purchaser agreements— Meetings; Sunshine Act, 55727 French Gulch/Wellington-Oro Site, CO, 55721 Federal Trade Commission Equal Employment Opportunity Commission NOTICES NOTICES Prohibited trade practices: Agency information collection activities: Ceridian Corp., 55728–55730 Proposed collection; comment request, 55721–55722 Conopco, Inc., 55730–55731 Applications, hearings, determinations, etc.: Executive Office of the President Shell Oil Co. et al., 55727–55728 See Management and Budget Office See Presidential Documents Fish and Wildlife Service See Science and Technology Policy Office NOTICES Endangered and threatened species permit applications, Farm Credit Administration 55743 RULES Marine mammals permit applications, 55744 Farm credit system: Food and Drug Administration Miscellaneous amendments NOTICES Effective date; partial withdrawal, 55621 Reports and guidance documents; availability, etc.: Federal Aviation Administration Intraocular lens; industry guidance, 55735–55736 Medical devices— RULES Processed human dura mater; premarket notification Airworthiness directives: application preparation; guidance, 55736–55737 Eurocopter France, 55621–55625 PROPOSED RULES Food and Nutrition Service Airworthiness directives: NOTICES Airbus, 55642–55644 Agency information collection activities: Bombardier, 55640–55642 Proposed collection; comment request, 55692–55694 British Aerospace, 55636–55638 McDonnell Douglas, 55644–55648 Food Safety and Inspection Service Raytheon, 55638–55640 NOTICES NOTICES Meat and poultry inspection: Meetings: Retail store operations; inspection requirements Harmonization Work Program, 55806–55807 exemption; notice of U.S. Court of Appeals decision, RTCA, Inc., 55807 55694–55695 Federal Communications Commission Geological Survey PROPOSED RULES NOTICES Regulatory Flexibility Act; review of regulations, 55671– Document access policy; information availability, 55744– 55688 55745 NOTICES Meetings: Meetings; Sunshine Act, 55725 Digital Earth Interagency Working Group, 55745 Federal Election Commission Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Meetings; Sunshine Act, 55725 See Children and Families Administration See Food and Drug Administration Federal Energy Regulatory Commission See Health Care Financing Administration NOTICES See Indian Health Service Hydroelectric applications, 55707–55709 See Inspector General Office, Health and Human Services Applications, hearings, determinations, etc.: Department Amoco Energy Trading Corp. et al., 55705 NOTICES Carnegie Interstate Pipeline Co., 55705 Organization, functions, and authority delegations: Distrigas of Massachusetts Corp., 55705–55706 Program Support Center, 55731–55732 ONEOK Field Service Co., 55706 Williams Gas Pipelines-Central, Inc., 55706 Health Care Financing Administration See Inspector General Office, Health and Human Services Federal Maritime Commission Department NOTICES NOTICES Agreements filed, etc., 55725–55726 Agency information collection activities: Freight forwarder licenses: Proposed collection; comment request, 55737–55738 DSM Freight, Inc., et al., 55726 Meetings: Investigations, hearings, petitions, etc.: Competitive Pricing Advisory Committee, 55738 Stallion Cargo, Inc., 55726 Medicare Coverage Advisory Committee, 55738–55739

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Indian Health Service National Commission on Libraries and Information NOTICES Science Agency information collection activities: NOTICES Submission for OMB review; comment request, 55739– Meetings; Sunshine Act, 55760 55740 National Credit Union Administration Inspector General Office, Health and Human Services NOTICES Department Credit unions: NOTICES Bylaws, 55760–55773 Program exclusions; list, 55740–55743 National Foundation on the Arts and the Humanities Interior Department NOTICES See Fish and Wildlife Service Meetings; Sunshine Act, 55773 See Geological Survey See Land Management Bureau National Oceanic and Atmospheric Administration See National Park Service RULES See Reclamation Bureau Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— International Trade Administration North Pacific groundfish, 55634–55635 NOTICES Atlantic highly migratory species— Antidumping: Vessel monitoring system, 55633 Antifriction bearings (other than tapered roller bearings) PROPOSED RULES and parts from— Fishery conservation and management: Japan, 55696–55697 Northeastern United States fisheries— Canned pineapple fruit from— Scup, 55688–55689 Thailand, 55697 West Coast States and Western Pacific fisheries— Compact ductile iron waterworks fittings and glands Pacific Fishery Management Council; meetings, 55689– from— 55690 China, 55697–55700 NOTICES Polyester staple fiber from— Coastal zone management programs and estuarine Korea and Taiwan, 55700 sanctuaries: Countervailing duties: State programs— Industrial phosphoric acid from— Intent to evaluate performance, 55701 Israel, 55700–55701 Meetings: Gulf of Mexico Fishery Management Council, 55701– 55702 Justice Department NOTICES National Park Service Pollution control; consent judgments: NOTICES Akzo Nobel A.B., 55747 Reports and guidance documents; availability, etc.: Georgie Boy Manufacturing, Inc., 55747–55748 Relationships between NPS and cooperating associations; H. Brown Co. et al., 55748 Reference Manual No. 32 use with Director’s Order Interstate General Co. et al., 55748 No. 32; update, 55746 Richard Mottolo, K.J. Quinn & Co., Inc., et al., 55748– 55749 National Science Foundation State of Wisconsin Inc., 55749 NOTICES Meetings: Labor Department Bioengineering and Environmental Systems Special See Employment and Training Administration Emphasis Panel, 55774 See Pension and Welfare Benefits Administration Biological Infrastructure Advisory Panel, 55774 Chemical and Transport Systems Special Emphasis Panel, Land Management Bureau 55774–55775 NOTICES Education and Human Resources Advisory Panel, 55775 Closure of public lands: Engineering Advisory Committee, 55775 Montana, 55745 Engineering Education and Centers Special Emphasis Realty actions; sales, leases, etc.: Panel, 55775 California, 55745–55746 Infrastructure, Methods, and Science Studies Advisory Panel, 55775–55776 Libraries and Information Science, National Commission Materials Research Special Emphasis Panel, 55776 See National Commission on Libraries and Information Social, Behavioral, and Economic Sciences Advisory Science Committee, 55776

Management and Budget Office National Transportation Safety Board NOTICES NOTICES Paperwork Reduction Act: Meetings: Estimating paperwork burden; guidance to agencies; North American Free Trade Agreement; highway reevaluation, 55788–55790 transportation safety aspects; hearing, 55776

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Nuclear Regulatory Commission Securities and Exchange Commission NOTICES PROPOSED RULES Environmental statements; availability, etc.: Securities: Baltimore Gas & Electric Co., 55786 Audit committee disclosure, 55648–55662 Meetings: NOTICES Reactor Safeguards Advisory Committee, 55786–55788 Self-regulatory organizations; proposed rule changes: Meetings; Sunshine Act, 55788 National Association of Securities Dealers, Inc., 55793– Applications, hearings, determinations, etc.: 55796 Cabot Performance Materials, 55776–55777 Applications, hearings, determinations, etc.: Carolina Power & Light Co., 55777 Stephens Group, Inc., et al., 55790–55793 Consolidated Edison Co. of New York, Inc., 55777–55785 Consumers Power, 55785 Small Business Administration International Uranium (USA) Corp., 55785 NOTICES Molycorp, Inc., 55785 Disaster loan areas: Portland General Electric Co. et al., 55785–55786 Florida, 55796–55797 Washington Public Power Supply System, 55786 Office of Management and Budget Social Security Administration See Management and Budget Office NOTICES Agency information collection activities: Pension and Welfare Benefits Administration Proposed collection; comment request, 55797 NOTICES Grants and cooperative agreements; availability, etc.: Meetings: Disability Research Institute; establishment, 55797–55805 Employee Welfare and Pension Benefit Plans Advisory Council, 55760 State Department NOTICES Presidential Documents Meetings: PROCLAMATIONS International Communications and Information Policy Special observances: Advisory Committee, 55805 Children’s Day, National (Proc. 7238), 55617–55618 Shipping Coordinating Committee, 55805 Columbus Day (Proc. 7239), 55619–55620 Munitions export licenses; suspension, revocation, etc.: School Lunch Week, National (Proc. 7237), 55615–55616 Indonesia, 55805–55806 Public Health Service See Centers for Disease Control and Prevention Surface Transportation Board See Food and Drug Administration NOTICES See Indian Health Service Railroad operation, acquisition, construction, etc.: CSX Transportation, Inc., 55807–55808 Reclamation Bureau Tongue River Railroad Co.; correction, 55808 NOTICES Environmental statements; availability, etc.: Transportation Department Republican River basin, NE and KS; long-term water See Federal Aviation Administration supply contracts renewal, 55746–55747 See Surface Transportation Board

Rural Utilities Service Treasury Department NOTICES See Alcohol, Tobacco and Firearms Bureau Environmental statements; availability, etc.: East Kentucky Power Cooperative, Inc., 55695 Science and Technology Policy Office Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Research misconduct; Federal policy to protect integrity of phone numbers, online resources, finding aids, reminders, research record; comment request, 55722–55725 and notice of recently enacted public laws.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR PROCLAMATIONS: 7237...... 55615 7238...... 55617 7239...... 55619 12 CFR 612...... 55621 614...... 55621 618...... 55621 14 CFR 39 (2 documents) ...... 55621, 55624 Proposed Rules: 39 (5 documents) ...... 55636, 55638, 55640, 55642, 55644 17 CFR Proposed Rules: 210...... 55648 228...... 55648 229...... 55648 240...... 55648 27 CFR 47...... 55625 55...... 55625 40 CFR 271...... 55629 Proposed Rules: 52 (2 documents) ...... 55662, 55667 271...... 55671 47 CFR Proposed Rules: Ch. I ...... 55671 48 CFR 209...... 55632 211...... 55632 214...... 55632 252...... 55632 50 CFR 635...... 55633 679...... 55634 Proposed Rules: 648...... 55688 660...... 55689

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Federal Register Presidential Documents Vol. 64, No. 198

Thursday, October 14, 1999

Title 3— Proclamation 7237 of October 8, 1999

The President National School Lunch Week, 1999

By the President of the United States of America

A Proclamation For more than 50 years, the National School Lunch Program has been at the forefront of our Nation’s effort to promote the health and well- being of our children. Created to ensure that all children in our Nation receive the nourishment they need to develop into healthy and productive adults, the program provides nutritious lunches to more than 26 million children each day in 95,000 schools and residential child care institutions across the country. For many children, this free or reduced-price meal is often the most nutritious meal of their day. Equally important, the National School Lunch Program provides our children with the fuel they need to remain alert and attentive in the classroom. Common sense tells us—and scientific research confirms—that a hungry child cannot focus on learning and that a child who does not eat properly is more likely to be sick and absent from school. Day in and day out, school lunches give our children the energy to learn today, while helping them prepare for the challenges of the future. An array of nutrition programs now supplements the National School Lunch Program. Whether providing schoolchildren with a good breakfast or a healthy afternoon snack, the School Breakfast Program, the Summer School Food Service Program, the Special Milk Program, and the Child and Adult Care Food Program help ensure that our children eat nutritious and healthy meals throughout the day. As we observe this special week, let us reaffirm the belief of President Harry Truman, founder of the school lunch program, that ‘‘Nothing is more important in our national life than the welfare of our children, and proper nourishment comes first in attaining this welfare.’’ In recognition of the contributions of the National School Lunch Program to the health, education, and well-being of our Nation’s children, the Con- gress, by joint resolution of October 9, 1962 (Public Law 87–780), has designated the week beginning on the second Sunday in October of each year as ‘‘National School Lunch Week’’ and has requested the President to issue a proclamation in observance of this week. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 10 through October 16, 1999, as National School Lunch Week. I call upon all Americans to recognize all those individuals whose efforts contribute so much to the success of our national child nutrition programs, whether at the Federal, State, or local level.

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

[FR Doc. 99–26998 Filed 10–13–99; 8:45 am] Billing code 3195–01–P

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Proclamation 7238 of October 8, 1999

National Children’s Day, 1999

By the President of the United States of America

A Proclamation The children of America are our most precious gift and our greatest responsibility. Their well-being is one of the greatest measures of our success as a society, and our ability to provide them with a loving, safe, and supportive environment will help determine the character of our Nation. We can be proud of the progress we have made in creating such environ- ments. To strengthen families and homes, we have provided tax relief to working families, raised the minimum wage, and enacted the Family and Medical Leave Act so that parents can take time off to be with a sick child or new baby without putting their jobs at risk. To give more children a healthy start in life, we have extended health care coverage to millions of previously uninsured children. To help America’s youth reach their full potential, my Administration has urged the Congress to pass legislation to provide our students with a first-rate education by ensuring that they are educated by well-prepared teachers, in smaller classes, in modern and safe buildings, and with the latest in information technology. On National Children’s Day, however, we must also reflect soberly on how far we still have to go to make our communities safe and nurturing places for our children. One of our greatest challenges is to provide health coverage for the almost 11 million American children who are still uninsured. Many of these children are eligible for Medicaid or qualify for coverage under the Children’s Health Insurance Programs that are now operating in every State across our Nation. Educators, policymakers, health care professionals, and business, community, and media leaders have a vital role to play in raising parents’ awareness of their children’s eligibility for this important coverage and making sure that these children are enrolled. America must also confront the recent senseless acts of violence that have taken the lives and the innocence of so many young people. Places where they once felt safe—schools and churches and day care facilities—have been shaken by violence. Addressing this assault on our society’s values and our children’s future is a top priority of my Administration. We must work together—parents, students, educators, public officials, and religious, community, and industry leaders—to instill in our youth a sense of compas- sion, tolerance, and self-respect, so that they may find their way in a troubled world. We must also help them develop the strength to express their own anger and alienation with words, not weapons. One of the most powerful tools we have in this endeavor is youth mentoring. A recent Department of Justice study showed that mentoring programs help young people resist violence and substance abuse, perform better academi- cally, and interact more positively with their families and with other youth. Recognizing the value of mentoring programs, particularly to the well-being of millions of at-risk youth, my Administration announced earlier this year several public and private initiatives to encourage mentoring, and we set aside $14 million in grants for the Justice Department’s Juvenile Mentoring Program.

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Children bring so much hope, joy, and love to our lives; in return, we owe them our time, our attention, the power of our example, and the comfort of our concern. It is a fair trade, and one that enriches the lives of us all. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do herebyproclaim October 10, 1999, as National Children’s Day. I urge all Americans to express their love and appreciation for the children of our Nation on this day and on every day throughout the year. I invite Federal officials, local governments, communities, and all American families to join in observing this day with appropriate ceremonies and activities. I also urge all Americans to reflect upon the importance of children to our families, the importance of strong families to our children, and the importance of both to America. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord nineteen hundred and ninety-nine, and of the Independence of the United States of America the two hundred and twenty-fourth. œ–

[FR Doc. 99–26999 Filed 10–13–99; 8:45 am] Billing code 3195–01–P

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Proclamation 7239 of October 8, 1999

Columbus Day, 1999

By the President of the United States of America

A Proclamation Although Christopher Columbus’ first voyage to the New World took place more than 500 years ago, the momentous changes it brought about still resonate today. His journey triggered a historic encounter between Europe and the native peoples of the New World; helped open new continents to exploration, trade, and development; established a reliable route to the Americas; and was a major milestone in the inexorable trend toward expansion and globalization. Columbus could not have imagined the full impact of his arrival in 1492 or how his journey would shape human history. The zeal for trade that motivated the Spanish crown to fund Columbus’ voyages still exists today as we work to strengthen our commercial ties with other nations and to compete in an increasingly global economy. Columbus’ own passion for adventure survives as an integral part of our national character and heritage, reflected in our explorations of the oceans’ depths and the outer reaches of our solar system. A son of Italy, Columbus opened the door to the New World for millions of people from across the globe who have followed their dreams to America. Today, Americans of Italian and Spanish descent can take special pride, not only in Columbus’ historic achievements, but also in their own immeasurable contributions to our national life. From business to the arts, from government to academia, they have played an important part in advancing the peace and prosperity our country enjoys today. We are about to embark on our own journey into a new millennium of unknown challenges and possibilities. As we ponder that future, Columbus’ courage and daring still capture the American imagination, inspiring us to look to the horizon, as he did, and see, not a daunting boundary, but a new world full of opportunity. In tribute to Columbus’ many achievements, the Congress, by joint resolution of April 30, 1934 (48 Stat. 657), and an Act of June 28, 1968 (82 Stat. 250), has requested the President to proclaim the second Monday in October of each year as ‘‘Columbus Day.’’ NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 11, 1999, as Columbus Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. I also direct that the flag of the United States be displayed on all public buildings on the appointed day in honor of Christopher Columbus.

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[FR Doc. 99–27000 Filed 10–13–99; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 64, No. 198

Thursday, October 14, 1999

This section of the FEDERAL REGISTER part 614 (amendatory instruction #9 on DEPARTMENT OF TRANSPORTATION contains regulatory documents having general page 43049) is withdrawn as of October applicability and legal effect, most of which 13, 1999. Federal Aviation Administration are keyed to and codified in the Code of Federal Regulations, which is published under FOR FURTHER INFORMATION CONTACT: 14 CFR Part 39 50 titles pursuant to 44 U.S.C. 1510. Eric Howard, Senior Policy Analyst, or [Docket No. 98±SW±75±AD; Amendment The Code of Federal Regulations is sold by Dale Aultman, Policy Analyst, Office 39±11369; AD 99±21±24] the Superintendent of Documents. Prices of of Policy and Analysis, Farm Credit new books are listed in the first FEDERAL Administration, McLean, VA 22102– RIN 2120±AA64 REGISTER issue of each week. 5090, (703) 883–4498, TDD (703) 883– 4444, Airworthiness Directives; Eurocopter France Model SA±365C, C1, C2, N, and or FARM CREDIT ADMINISTRATION N1; AS±365N2; and SA±366G1 Richard A. Katz, Senior Attorney, Office Helicopters 12 CFR Parts 612, 614 and 618 of General Counsel, Farm Credit AGENCY: Federal Aviation RIN 3052±AB85 Administration, McLean, VA 22102– 5090, (703) 883–4020, TDD (703) 883– Administration, DOT. Standards of Conduct; Loan Policies 4444. ACTION: Final rule. and Operations; General Provisions; SUPPLEMENTARY INFORMATION: Our direct Regulatory Burden; Effective Date SUMMARY: This amendment adopts a final rule reduces unnecessary new airworthiness directive (AD), AGENCY: Farm Credit Administration. regulatory burden on FCS institutions applicable to Eurocopter France Model ACTION: Confirmation of effective date; by repealing or revising 16 regulations SA–365C, C1, C2, N, and N1; AS– partial withdrawal. that System commenters identified as 365N2; and SA–366G1 helicopters, that burdensome. Direct final rulemaking requires inspecting the tightening torque SUMMARY: The Farm Credit enables Federal agencies to quickly of the main rotor hub blade attach beam Administration (FCA) published a direct adopt noncontroversial regulations spherical thrust bearing bolts (bolts). final rule, with opportunity for without the usual notice and comment This AD also requires either applying comment, amending parts 612, 614 and period. On August 9, 1999, we notified the specified torque or, if necessary, 618 on August 9, 1999 (64 FR 43046). you that this rule would become conducting a dye penetrant inspection This direct final rule would reduce effective 30 days after publication in the for cracks in the metal components. regulatory burden on the Farm Credit Federal Register during which either or Replacing the spherical thrust bearing System (FCS or System) by repealing or both Houses of Congress are in session (bearing) with an airworthy bearing is amending 16 regulations. These unless we received a significant adverse also required if a crack is found. This revisions provide System banks and comment by September 8, 1999. A amendment is prompted by reports of associations with greater flexibility significant adverse comment is one cracks in the metal components of the concerning loan sales, agricultural where a commenter explains why the bearing attachment joint. The actions secondary market activities, loans to rule would be inappropriate (including specified by this AD are intended to insiders, letters of credit, information challenges to its underlying premise of prevent loosening of bearing bolts in programs, travel expenses, and approach), ineffective, or unacceptable. flight, which may cause cracks in the disclosing borrower information during Our August 9, 1999 notice informed you metal components, failure of the litigation. The opportunity for comment that if we received a significant adverse bearing, and subsequent loss of control expired on September 8, 1999. We comment about any amendment, of the helicopter. received a significant adverse comment paragraph, or section of this rule, we EFFECTIVE DATE: November 18, 1999. on the direct final rule regarding insider would withdraw it, but adopt all other loans. As a result, the revision to provisions as a final rule. We received FOR FURTHER INFORMATION CONTACT: subpart M of part 614 will not become a significant adverse comment on the Shep Blackman, Aerospace Engineer, effective. All other regulations in the revision to § 614.4460 concerning FAA, Rotorcraft Directorate, Regulations direct final rule will become effective in insider loans. As a result, the revision Group, 2601 Meacham Blvd., Fort accordance with this document. to subpart M of part 614 will not Worth, Texas 76137, telephone (817) Pursuant to 12 U.S.C. 2252, the effective become effective, and we will notify you 222–5296, fax (817) 222–5961. date of the final rule is 30 days from the how we plan to proceed. Existing SUPPLEMENTARY INFORMATION: A date of publication in the Federal §§ 614.4450, 614.4460 and 614.4470 proposal to amend part 39 of the Federal Register during which either or both remain in full force and effect. All other Aviation Regulations (14 CFR part 39) to Houses of Congress are in session. Based regulations in the direct final rule take include an airworthiness directive (AD) on the records of the sessions of effect on October 13, 1999. that is applicable to Eurocopter France Congress, the effective date of the Model SA–365C, C1, C2, N, and N1; (12 U.S.C. 2252(a)(9) and (10)) regulations is October 13, 1999. AS–365N2; and SA–366G1 helicopters Dated: October 7, 1999. EFFECTIVE DATE: The regulation was published in the Federal Register amending 12 CFR parts 612, 614 and Vivian L. Portis, on July 9, 1999 (64 FR 37046). That 618 published on August 9, 1999 (64 FR Secretary, Farm Credit Administration Board. action proposed to require inspecting 43046) is effective October 13, 1999, [FR Doc. 99–26749 Filed 10–13–99; 8:45 am] the tightening torque of the bolts and except that the revision to subpart M of BILLING CODE 6705±01±P either applying a specified torque or, if

VerDate 12-OCT-99 16:08 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.XXX pfrm03 PsN: 14OCR1 55622 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Rules and Regulations necessary, conducting a dye penetrant ‘‘significant rule’’ under DOT Note 1: This AD applies to each helicopter inspection for cracks in the metal Regulatory Policies and Procedures (44 identified in the preceding applicability components. Replacing the bearing with FR 11034, February 26, 1979); and (3) provision, regardless of whether it has been an airworthy bearing was also proposed will not have a significant economic otherwise modified, altered, or repaired in if a crack was found. impact, positive or negative, on a the area subject to the requirements of this Interested persons have been afforded substantial number of small entities AD. For helicopters that have been modified, an opportunity to participate in the under the criteria of the Regulatory altered, or repaired so that the performance making of this amendment. No Flexibility Act. A final evaluation has of the requirements of this AD is affected, the owner/operator must request approval for an comments were received on the been prepared for this action and it is proposal or the FAA’s determination of alternative method of compliance in contained in the Rules Docket. A copy accordance with paragraph (b) of this AD. the cost to the public. The FAA has of it may be obtained from the Rules The request should include an assessment of determined that air safety and the Docket at the FAA, Office of the the effect of the modification, alteration, or public interest require the adoption of Regional Counsel, Southwest Region, repair on the unsafe condition addressed by the rule as proposed. 2601 Meacham Blvd., Room 663, Fort this AD; and, if the unsafe condition has not The FAA estimates that 100 Worth, Texas 76137. been eliminated, the request should include helicopters of U.S. registry will be specific proposed actions to address it. affected by this AD, that it will take List of Subjects in 14 CFR Part 39 Compliance: Required within 550 hours approximately 0.5 work hour and Air transportation, Aircraft, Aviation time-in-service (TIS), unless accomplished approximately 3,000 inspections over safety, Safety. previously, and thereafter at intervals not to the life of the fleet per helicopter to Adoption of the Amendment exceed 550 hours TIS. accomplish the required actions, and To prevent loosening of the main rotor hub that the average labor rate is $60 per Accordingly, pursuant to the blade attach beam spherical thrust bearing work hour. Required parts will cost authority delegated to me by the bolts (bolts), cracks in the metal components, approximately $3,000 per helicopter. Administrator, the Federal Aviation failure of a spherical thrust bearing (bearing), Based on these figures, the total cost Administration amends part 39 of the and subsequent loss of control of the impact of the AD on U.S. operators is Federal Aviation Regulations (14 CFR helicopter, accomplish the following: estimated to be $9,030,000 assuming 10 part 39) as follows: (a) Inspect the tightening torque of the ship sets of bearings would need to be bolts as indicated by ‘‘A’’ in Figure 1. replaced on the fleet. PART 39ÐAIRWORTHINESS (1) If tightening torque is equal to or less The regulations adopted herein will DIRECTIVES than 12 m.daN (88.4 lb-ft), remove the not have substantial direct effects on the bearing and conduct a dye penetrant States, on the relationship between the 1. The authority citation for part 39 inspection for cracks on the two contact national government and the States, or continues to read as follows: surfaces identified as ‘‘H’’ in Figure 1. on the distribution of power and Authority: 49 U.S.C. 106(g), 40113, 44701. (i) If a crack is detected, replace the bearing responsibilities among the various with an airworthy bearing. levels of government. Therefore, in § 39.13 [Amended] (ii) If no crack is detected, reinstall the accordance with Executive Order 12612, 2. Section 39.13 is amended by bearing. it is determined that this final rule does adding a new airworthiness directive to Note 2: Eurocopter France Service not have sufficient federalism read as follows: Bulletins 05.22, 05.24, and 05.00.39, all dated implications to warrant the preparation July 17, 1998, pertain to the subject of this AD 99–21–24 Eurocopter France: AD. of a Federalism Assessment. Amendment 39–11369. Docket No. 98– For the reasons discussed above, I SW–75–AD. (2) If the tightening torque is greater than 12 m.daN (88.4 lb-ft), then tighten to 19–22 certify that this action (1) is not a Applicability: Model SA–365C, C1, C2, N, m.daN (140–162.2 lb-ft). ‘‘significant regulatory action’’ under and N1; AS–365N2; and SA–366G1 Executive Order 12866; (2) is not a helicopters, certificated in any category. BILLING CODE 4910±13±P

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BILLING CODE 4910±13±C

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(b) An alternative method of compliance or (bolt) during testing of an SA.315B to the first flight of each day. This AD adjustment of the compliance time that MGB. The actions specified in this AD also requires inspecting the MGB oil provides an acceptable level of safety may be are intended to detect a condition that filter for metal particles at intervals not used if approved by the Manager, Rotorcraft could cause bolt failure and damage to to exceed 25 hours time-in-service. The Standards Staff, Rotorcraft Directorate, FAA. Operators shall submit their requests through the MGB, resulting in loss of drive to the actions are required to be accomplished an FAA Principal Maintenance Inspector, main rotor and subsequent loss of in accordance with the applicable who may concur or comment and then send control of the helicopter. maintenance manuals. The short it to the Manager, Rotorcraft Standards Staff. DATES: Effective October 29, 1999. compliance time involved is required Note 3: Information concerning the Comments for inclusion in the Rules because the previously described existence of approved alternative methods of Docket must be received on or before critical unsafe condition can adversely compliance with this AD, if any, may be December 13, 1999. affect the controllability of the obtained from the Rotorcraft Standards Staff. ADDRESSES: Submit comments in helicopter. Therefore, inspecting the (c) Special flight permits may be issued in triplicate to the Federal Aviation MGB magnetic plug for metal particles accordance with sections 21.197 and 21.199 Administration (FAA), Office of the is required prior to further flight and of the Federal Aviation Regulations (14 CFR Regional Counsel, Southwest Region, this AD must be issued immediately. 21.197 and 21.199) to operate the helicopter Since a situation exists that requires to a location where the requirements of this Attention: Rules Docket No. 99–SW–29– AD, 2601 Meacham Blvd., Room 663, the immediate adoption of this AD can be accomplished. regulation, it is found that notice and (d) This amendment becomes effective on Fort Worth, Texas 76137. opportunity for prior public comment November 18, 1999. FOR FURTHER INFORMATION CONTACT: hereon are impracticable, and that good Note 4: The subject of this AD is addressed Shep Blackman, Aerospace Engineer, cause exists for making this amendment in Direction Generale De L’Aviation Civile FAA, Rotorcraft Directorate, Rotorcraft effective in less than 30 days. (France) AD’s 98–383–044(A) for the Model Standards Staff, 2601 Meacham Blvd., SA–365C, 98–382–024–(A) for the Model The FAA estimates that 93 helicopters Fort Worth, Texas 76137, telephone will be affected by this AD, that it will SA–366, and 98–384–047(A) for the Model (817) 222–5296, fax (817) 222–5961. AS–365N helicopters. These AD’s are all take approximately 0.25 work hour to dated September 23, 1998. SUPPLEMENTARY INFORMATION: The inspect the magnetic plug prior to the Issued in Fort Worth, Texas, on October 5, Direction Generale De L’Aviation Civile first flight of each day and 2 work hours 1999. (DGAC), the airworthiness authority for to inspect the oil filter every 25 hours Mark R. Schilling, France, notified the FAA that an unsafe TIS, and that the average labor rate is condition may exist on Model SE.3160, Acting Manager, Rotorcraft Directorate, $60 per work hour. Based on these Aircraft Certification Service. SA.315B, SA.316B, SA.316C, and figures, the total cost impact of the AD SA.319B helicopters with a MGB, all [FR Doc. 99–26712 Filed 10–13–99; 8:45 am] on U.S. operators is estimated to be part numbers, not modified in BILLING CODE 4910±13±P $318,060 annually, assuming any metal accordance with MOD 072241. The particles found are not enough to DGAC advises that bolt failure, which require a cleaning or an overhaul of the DEPARTMENT OF TRANSPORTATION occurred when testing an SA.315B MGB and that each helicopter is flown MGB, could lead to damage of the MGB 100 days per year for 4 hours each day. Federal Aviation Administration and loss of rotor drive. These helicopter models are Comments Invited 14 CFR Part 39 manufactured in France and are type Although this action is in the form of certificated for operation in the United a final rule that involves requirements [Docket No. 99±SW±29±AD; Amendment 39±11370; AD 99±21±25] States under the provisions of section affecting flight safety and, thus, was not 21.29 of the Federal Aviation preceded by notice and an opportunity RIN 2120±AA64 Regulations (14 CFR 21.29) and the for public comment, comments are applicable bilateral airworthiness invited on this rule. Interested persons Airworthiness Directives; Eurocopter agreement. Pursuant to this bilateral are invited to comment on this rule by France Model SE.3160, SA.315B, airworthiness agreement, the DGAC has submitting such written data, views, or SA.316B, SA.316C, and SA.319B kept the FAA informed of the situation arguments as they may desire. Helicopters described above. The FAA has Communications should identify the AGENCY: Federal Aviation examined the findings of the DGAC, Rules Docket number and be submitted Administration, DOT. reviewed all available information, and in triplicate to the address specified ACTION: Final rule; request for determined that AD action is necessary under the caption ADDRESSES. All comments. for products of these type designs that communications received on or before are certificated for operation in the the closing date for comments will be SUMMARY: This amendment adopts a United States. considered, and this rule may be new airworthiness directive (AD) An unsafe condition has been amended in light of the comments applicable to Eurocopter France Model identified that is likely to exist or received. Factual information that SE.3160, SA.315B, SA.316B, SA.316C, develop on other Model SE.3160, supports the commenter’s ideas and and SA.319B helicopters with a main SA.315B, SA.316B, SA.316C, and suggestions is extremely helpful in gearbox (MGB), all part numbers, not SA.319B helicopters with a MGB, all evaluating the effectiveness of the AD modified in accordance with MOD part numbers, not modified in action and determining whether 072241. This action requires, prior to accordance with MOD 072241 of the additional rulemaking action would be further flight and thereafter prior to the same type design registered in the needed. first flight of each day, inspecting the United States. Therefore, this AD is Comments are specifically invited on MGB magnetic plug for metal particles. being issued to detect a condition that the overall regulatory, economic, This AD also requires inspecting the could cause bolt failure and damage to environmental, and energy aspects of MGB oil filter for metal particles. This the MGB. This AD requires inspecting the rule that might suggest a need to amendment is prompted by the failure the MGB magnetic plug for metal modify the rule. All comments of a bevel wheel gear attachment bolt particles prior to further flight and prior submitted will be available, both before

VerDate 12-OCT-99 08:49 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\A14OC0.038 pfrm04 PsN: 14OCR1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Rules and Regulations 55625 and after the closing date for comments, § 39.13 [Amended] (France) AD 98–304–058(A) for Model in the Rules Docket for examination by 2. Section 39.13 is amended by SE.3160, SA.316B, SA.316C, and SA.319B interested persons. A report that adding a new airworthiness directive to helicopters, and AD 98–303–041(A) for summarizes each FAA-public contact Model SA.315B helicopters, both dated July read as follows: 29, 1998. concerned with the substance of this AD AD 99–21–25 Eurocopter France: will be filed in the Rules Docket. Issued in Fort Worth, Texas, on October 5, Amendment 39–11370. Docket No. 99– 1999. Commenters wishing the FAA to SW–29–AD. Mark R. Schilling, acknowledge receipt of their comments Applicability: Model SE.3160, SA.315B, Acting Manager, Rotorcraft Directorate, submitted in response to this rule must SA.316B, SA.316C, and SA.319B helicopters Aircraft Certification Service. with a main gearbox, all part numbers, not submit a self-addressed, stamped [FR Doc. 99–26711 Filed 10–13–99; 8:45 am] postcard on which the following modified in accordance with MOD 072241, installed, certificated in any category. BILLING CODE 4910±13±P statement is made: ‘‘Comments to Docket No. 99–SW–29–AD.’’ The Note 1: This AD applies to each helicopter identified in the preceding applicability postcard will be date stamped and provision, regardless of whether it has been DEPARTMENT OF THE TREASURY returned to the commenter. otherwise modified, altered, or repaired in The regulations adopted herein will the area subject to the requirements of this Bureau of Alcohol, Tobacco and not have substantial direct effects on the AD. For helicopters that have been modified, Firearms States, on the relationship between the altered, or repaired so that the performance of the requirements of this AD is affected, the 27 CFR Parts 47 and 55 national government and the States, or owner/operator must request approval for an on the distribution of power and alternative method of compliance in [T.D. ATF±419; Ref: T.D. ATF±387 and responsibilities among the various accordance with paragraph (d) of this AD. Notice No. 847] levels of government. Therefore, in The request should include an assessment of RIN: 1512±AB63 accordance with Executive Order 12612, the effect of the modification, alteration, or it is determined that this final rule does repair on the unsafe condition addressed by Implementation of Public Law 104±132, this AD; and, if the unsafe condition has not not have sufficient federalism the Antiterrorism and Effective Death implications to warrant the preparation been eliminated, the request should include specific proposed actions to address it. Penalty Act of 1996, Relating to the of a Federalism Assessment. Compliance: Required as indicated, unless Marking of Plastic Explosives for the The FAA has determined that this accomplished previously. Purpose of Detection (96R±029P) regulation is an emergency regulation To detect a condition that could cause AGENCY: Bureau of Alcohol, Tobacco that must be issued immediately to failure of a bevel wheel gear attachment bolt correct an unsafe condition in aircraft, (bolt) and damage to the main gearbox and Firearms (ATF), Department of the and that it is not a ‘‘significant (MGB), resulting in loss of drive to the main Treasury. regulatory action’’ under Executive rotor and subsequent loss of control of the ACTION: Final rule, Treasury decision. Order 12866. It has been determined helicopter, accomplish the following: (a) Prior to further flight and thereafter SUMMARY: This final rule implements further that this action involves an prior to the first flight of each day, inspect certain provisions of the Antiterrorism emergency regulation under DOT the MGB magnetic plug for metal particles. and Effective Death Penalty Act of 1996 Regulatory Policies and Procedures (44 If metal particles are found, comply with the (Pub. L. 104–132). These regulations FR 11034, February 26, 1979). If it is instructions in the applicable maintenance implement the law by requiring determined that this emergency manual. detection agents for plastic explosives. regulation otherwise would be (b) At intervals not to exceed 25 hours The final rule also authorizes the use of significant under DOT Regulatory time-in-service, inspect the MGB oil filter for four specific detection agents to mark Policies and Procedures, a final metal particles. If metal particles are found, plastic explosives and provides for the regulatory evaluation will be prepared comply with the instructions in the applicable maintenance manual. designation of other detection agents. and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Note 2: Work Card 5.41.202 pertains to the DATES: This rule is effective December subject of this AD. Rules Docket at the location provided 13, 1999. (c) Modification of the MGB by MOD under the caption ADDRESSES. FOR FURTHER INFORMATION CONTACT: 072241 is terminating action for the James P. Ficaretta, Regulations Division, List of Subjects in 14 CFR Part 39 requirements of this AD. (d) An alternative method of compliance or Bureau of Alcohol, Tobacco and Air transportation, Aircraft, Aviation adjustment of the compliance time that Firearms, 650 Massachusetts Avenue, safety, Safety. provides an acceptable level of safety may be NW., Washington, DC 20226 (202–927– used if approved by the Manager, Regulations 8230). Adoption of the Amendment Group, Rotorcraft Directorate. Operators shall SUPPLEMENTARY INFORMATION: submit their requests through an FAA Accordingly, pursuant to the Principal Maintenance Inspector, who may Background authority delegated to me by the concur or comment and then send it to the Public Law 104–132, 110 Stat. 1214, Administrator, the Federal Aviation Manager, Regulations Group, Rotorcraft Directorate. the Antiterrorism and Effective Death Administration amends part 39 of the Penalty Act of 1996 (hereafter, ‘‘the Note 3: Information concerning the Federal Aviation Regulations (14 CFR Act’’) was enacted on April 24, 1996. part 39) as follows: existence of approved alternative methods of compliance with this AD, if any, may be Title VI of the Act, ‘‘Implementation of Plastic Explosives Convention,’’ added PART 39ÐAIRWORTHINESS obtained from the Regulations Group, Rotorcraft Directorate. new requirements to the Federal DIRECTIVES (e) Special flight permits are prohibited. explosives laws in 18 U.S.C. Chapter 40. (f) This amendment becomes effective on Section 607 of the Act states that, except 1. The authority citation for part 39 October 29, 1999. as otherwise provided, the amendments continues to read as follows: Note 4: The subject of this AD is addressed made by Title VI shall take effect 1 year Authority: 49 U.S.C. 106(g), 40113, 44701. in Direction Generale De L’Aviation Civile after the date of enactment, i.e., on April

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24, 1997. The stated purpose of Title VI (5) any other substance added by the approval or accession with the is to fully implement the Convention on Secretary of the Treasury by regulation, Depositary, i.e., the International Civil the Marking of Plastic Explosives for the after consultation with the Secretary of Aviation Organization, provided that no Purpose of Detection, Done at Montreal State and the Secretary of Defense. fewer than five such States (nations) on March 1, 1991 (hereafter, ‘‘the Permitting the Secretary to designate have declared that they are producer Convention’’). detection agents other than the four States. (A ‘‘producer State’’ means any The Convention represents an listed in the statute would facilitate the State in whose territory explosives are important achievement in international use of other substances without the manufactured.) Should thirty-five such cooperation in response to the threat need for legislation. However, as instruments be deposited prior to the posed to the safety and security of specified in the law, only those deposit of their instruments by five international civil aviation by virtually substances which have been added to producer States, the Convention will undetectable plastic explosives in the the table in part 2 of the Technical enter into force on the sixtieth day hands of terrorists. Such explosives Annex to the Convention on the following the date of deposit of the were used in the tragic destruction of Marking of Plastic Explosives may be instrument of ratification, acceptance, Pan Am flight 103 over Lockerbie, designated as approved detection approval or accession of the fifth Scotland, in December 1988, and UTA agents. ATF would have no authority to producer State. For other States, the flight 772 in September 1989. In the issue a regulation adding to the list of Convention will enter into force sixty aftermath of these bombings, the approved detection agents until the days following the date of deposit of international community moved to draft Technical Annex has been so modified. their instruments of ratification, a multilateral treaty to ensure that The last term added to section 841 of acceptance, approval or accession. plastic explosives would thereafter title 18, U.S.C., ‘‘plastic explosive,’’ is Section 842(n) provides that it is contain a chemical marking agent to defined as an explosive material in unlawful for any person to ship, render them detectable. flexible or elastic sheet form formulated transport, transfer, receive, or possess with one or more high explosives which any plastic explosive that does not Temporary Rule in their pure form has a vapor pressure contain a detection agent. Exceptions to 4 On February 25, 1997, ATF published less than 10¥ Pa at a temperature of 25 ° the prohibitions are provided for any in the Federal Register a temporary rule C, is formulated with a binder material, plastic explosive that was imported or implementing certain provisions of the and is as a mixture malleable or flexible brought into, or manufactured in the Act (T.D. ATF–387, 62 FR 8374). The at normal room temperature. Pursuant U.S. prior to the date of enactment of new statutory provisions and the to part I of the Technical Annex to the the Act by any person during the period regulation changes necessitated by the Convention, high explosives include, beginning on that date, i.e., April 24, law are as follows: but are not restricted to, 1996, and ending 3 years after that date, cyclotetramethylenetetranitramine (1) Definitions. Section 602 of the Act i.e., April 24, 1999. Exceptions to the (HMX), pentaerythritol tetranitrate added three definitions to section 841 of prohibitions are also provided for any (PETN), and title 18, U.S.C. The term ‘‘Convention plastic explosive that was imported or on the Marking of Plastic Explosives’’ is cyclotrimethylenetrinitramine (RDX). The above changes to regulations are brought into, or manufactured in the defined in the law to mean the prescribed in § 55.180. U.S. prior to the date of enactment of Convention on the Marking of Plastic (2) Requirement of Detection Agents the Act by or on behalf of any agency Explosives for the Purpose of Detection, for Plastic Explosives. The Act amended of the U.S. performing a military or Done at Montreal on March 1, 1991. the Federal explosives laws in 18 U.S.C. police function (including any military The term ‘‘detection agent’’ is defined Chapter 40 by adding new subsections reserve component) or by or on behalf as any one of the following substances (l)–(o) to section 842. Section 842(l) of the National Guard of any State, not when introduced into a plastic makes it unlawful for any person to later than 15 years after the date of entry explosive or formulated in such manufacture any plastic explosive that into force of the Convention on the explosive as a part of the manufacturing does not contain a detection agent. marking of Plastic Explosives with process in such a manner as to achieve Section 842(m) makes it unlawful for respect to the U.S. homogeneous distribution in the any person to import or bring into the The above changes to the regulations finished explosive: U.S. or export from the U.S. any plastic are prescribed in § 55.180. (1) Ethylene glycol dinitrate (EGDN), explosive that does not contain a Section 842(o) provides that any C2H4(NO3)2, molecular weight 152, detection agent. The provisions of this person, other than an agency of the U.S. when the minimum concentration in the section do not apply to the importation (including any military reserve finished explosive is 0.2 percent by or bringing into the U.S. or the component) or the National Guard of mass; exportation from the U.S. of any plastic any State, possessing any plastic (2) 2,3-Dimethyl-2,3-dinitrobutane explosive that was imported or brought explosive on the date of enactment, (DMNB), C6H12(NO2)2, molecular weight into or manufactured in the U.S. prior shall report to the Secretary within 120 176, when the minimum concentration to the date of enactment of the Act by days after the date of enactment the in the finished explosive is 0.1 percent or on behalf of any agency of the U.S. quantity of such explosives possessed, by mass; performing military or police functions the manufacturer or importer, any marks (3) Para-Mononitrotoluene (p-MNT), (including any military reserve of identification on such explosives, and C7H7NO2, molecular weight 137, when component) or by or on behalf of the such other information as the Secretary the minimum concentration in the National Guard of any State, not later may prescribe by regulation. finished explosive is 0.5 percent by than 15 years after the Convention Regulations implementing this mass; enters into force with respect to the U.S. provision of the Act were prescribed in (4) Ortho-Mononitrotoluene (o-MNT), Pursuant to Article XIII of the T.D. ATF–382, published in the Federal C7H7NO2, molecular weight 137, when Convention, the Convention will enter Register on July 23, 1996 (61 FR 38084). the minimum concentration in the into force on the sixtieth day following However, T.D. ATF–387 made a finished explosive is 0.5 percent by the date of deposit of the thirty-fifth technical amendment to § 55.181 to mass; and instrument of ratification, acceptance, include the control number assigned by

VerDate 12-OCT-99 16:08 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.XXX pfrm03 PsN: 14OCR1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Rules and Regulations 55627 the Office of Management and Budget restricted to, shells, bombs, projectiles, Notice of Proposed Rulemaking— (OMB). mines, missiles, rockets, shaped Analysis of Comments (3) Criminal Sanctions. The Act charges, grenades, perforators, and On February 25, 1997, ATF also amended section 844(a) of title 18, similar devices lawfully manufactured published a notice of proposed U.S.C., by providing that any person exclusively for military or police rulemaking cross-referenced to the who violates any of the provisions of purposes. temporary regulations (Notice No. 847, The affirmative defenses provided in section 842(l)–(o) shall be fined under 62 FR 8412). The comment period for the law could be asserted in a criminal title 18, imprisoned for not more than Notice No. 847 closed on May 27, 1997. case, a judicial forfeiture case, or an 10 years, or both. Changes to the ATF received four comments in administrative license or permit denial regulations in § 55.185 have been made response to Notice No. 847. One or revocation. to implement this provision of the law. commenter expressed support for the (4) Exceptions. The Act amended 18 Changes to the regulations in § 55.182 temporary regulations. The remaining U.S.C. 845(a) to provide that the have been made to implement the commenters raised several concerns exemptions from the requirements of 18 provisions of section 845(c) of title 18, with respect to the temporary U.S.C. Chapter 40 that apply to U.S.C. regulations. Three commenters contend governmental entities and other (5) Seizure and Forfeiture of Plastic that current owners of unmarked plastic specified uses of explosives do not Explosives. The Act amended section explosives should be ‘‘grandfathered’’ apply to section 842(l)–(o). Changes to 596(c)(1) of the Tariff Act of 1930, 19 and allowed to retain their existing the regulations in § 55.141(a) have been U.S.C. 1595a(c)(1), to provide for the stocks and use them up at their normal made to implement this provision of the seizure or forfeiture of plastic explosive attrition rate, beyond the 3-year period law. that does not contain a detection agent The Act also made a technical that is introduced or attempted to be specified in the Act. To accomplish this, amendment to 18 U.S.C. 845(a)(1) to introduced into the U.S. Changes to the however, legislative action would be clarify the current exemption from the regulations in § 55.186 have been made necessary. requirements of 18 U.S.C. Chapter 40 for to implement this provision of the law. One commenter argues that State and aspects of the transportation of Miscellaneous. In order to fully local law enforcement agencies should explosives regulated by the U.S. implement the provisions of the Act, be exempt from the marking Department of Transportation. The regulations are prescribed in § 55.184 requirement. Such an exemption, amendment makes it clear that the which authorize the Director to request however, would also necessitate a exemption applies only to those aspects from licensed manufacturers and statutory change. Two commenters argue that the of the transportation related to safety. licensed importers accurate and Government should purchase all Changes to the regulations in complete statements of process with unmarked plastic explosives from § 55.141(a)(1) have been made to regard to any plastic explosive or any current owners. ATF has no authority to implement this change in the law. detection agent that is to be introduced The Act also amended section 845 of into a plastic explosive or formulated in use appropriated funds to purchase title 18, U.S.C., by adding a new such explosive. The regulations also unmarked plastic explosives. These subsection (c). This amendment give ATF the authority to require commenters also suggest that the provides that it is an affirmative defense samples of any plastic explosive or Federal Government supply the against any proceeding involving detection agent from such licensees. detection agent to all possessors of section 842(l)–(o) of title 18, U.S.C., if As stated in Article III of the unmarked plastic explosives so that the proponent proves by a Convention, ‘‘[e]ach State Party shall they may come into compliance. As preponderance of the evidence that the take the necessary and effective stated above, ATF has no authority to plastic explosive— measures to prohibit and prevent the use appropriated funds for this purpose. (1) Consisted of a small amount of movement into or out of its territory of The same commenters contend that a plastic explosive intended for and unmarked [plastic] explosives’’ so as to definition of the term ‘‘small quantity’’ utilized solely in lawful— prevent their diversion or use for is needed for purposes of the Act. As (a) Research, development, or testing purposes inconsistent with the noted, the law provides that it is an of new or modified explosive materials; Convention. In order to comply with the affirmative defense against any (b) Training in explosives detection or objectives of the Convention, proceeding involving section 842(l)–(o) development or testing of explosives regulations are prescribed in § 55.183 of Title 18, U.S.C., if the proponent detection equipment; or which require persons filing Form 6 proves by a preponderance of the (c) Forensic science purposes; or applications for importation of plastic evidence that the plastic explosive (2) Was plastic explosive that, within explosives on or after April 24, 1997, to consisted of a small quantity intended 3 years after the date of enactment of the attach to the application a statement for and utilized solely in lawful— Act, will be or is incorporated in a certifying that the plastic explosive to be (a) Research, development, or testing military device within the territory of imported contains a detection agent or of new or modified explosive materials; the U.S. and remains an integral part of is a ‘‘small amount’’ to be used for (b) Training in explosives detection or such military device, or is intended to research, training, or testing purposes development or testing of explosives be, or is incorporated in, and remains an and is exempt from the detection agent detection equipment; or integral part of a military device that is requirement. (c) Forensic science purposes. intended to become, or has become, the Finally, the temporary rule made One of the commenters states that he property of any agency of the U.S. certain technical amendments and possesses ‘‘a small quantity (less than performing military or police functions conforming changes to the regulations 170 pounds) of plastic explosives’’ for (including any military reserve in Part 55. For example, §§ 55.49, 55.52, research purposes. However, he points component) or the National Guard of and 55.55 were amended to remove the out the following: any State, wherever such device is reference to § 55.182. Section 55.182, By manufactures [sic] standards, small located. Classes of explosive materials, was quantity is referred to as 500 lbs. or less, As defined in the Act, the term replaced by § 55.202 pursuant to T.D. however, to detection personnel the term ‘‘military device’’ includes, but is not ATF–87 (August 7, 1981; 46 FR 40382). ‘‘small quantity’’ may mean 10 lbs. or less.

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A company providing explosive training may Regulatory Flexibility Act List of Subjects term ‘‘small quantity’’ as between 500–2000 lbs. of plastic explosives. The provisions of the Regulatory 27 CFR Part 47 The other commenter states that he Flexibility Act relating to an initial and Administrative practice and possesses approximately 3,000 pounds final regulatory flexibility analysis (5 procedure, Arms control, Arms and of PBX for training purposes. U.S.C. 604) are not applicable to this munitions, Authority delegation, The above comments illustrate the final rule because the agency was not Chemicals, Customs duties and difficulty in specifying a particular required to publish a notice of proposed inspection, Imports, Penalties, amount of explosive that is appropriate rulemaking under 5 U.S.C. 553 or any Reporting and recordkeeping for all possessors. As indicated, the other law. Accordingly, a regulatory requirements, Scientific equipment, and amount of explosives required for a flexibility analysis is not required. Seizures and forfeitures. particular type of research may be far 27 CFR Part 55 greater than the amount required for Paperwork Reduction Act another type of research. Accordingly, The collection of information Administrative practice and ATF believes that such determinations contained in this final regulation has procedure, Authority delegations, should be made on a case-by-case basis been reviewed and approved by the Customs duties and inspection, Explosives, Hazardous materials, after consideration of all relevant facts. Office of Management and Budget in Imports, Penalties, Reporting and ATF emphasizes that the statute makes accordance with the requirements of the recordkeeping requirements, Safety, it clear that the burden is on the Paperwork Reduction Act (44 U.S.C. Security measures, Seizures and possessor to prove that the quantity of 3507(d)) under control number 1512– forfeitures, Transportation, and unmarked plastic explosives is a ‘‘small 0539. An agency may not conduct or Warehouses. amount’’ possessed for one of the sponsor, and a person is not required to exempt purposes. respond to, a collection of information Authority and Issuance Finally, one commenter suggests that unless it displays a valid control an exemption be given to individuals Accordingly, parts 47 and 55 are number assigned by the Office of using unmarked plastic explosives for amended as follows: Management and Budget. training purposes. The commenter Paragraph 1. The temporary rule trains law enforcement, military, and The collection of information in this published on February 25, 1997 (62 FR civilian personnel in explosives safety. regulation is in 27 CFR 55.184(a). This 8374) is adopted as final with the As indicated above, one of the information is required to ensure following changes. affirmative defenses to any proceeding compliance with the provisions of involving the plastic explosive Public Law 104–132. This information PART 55ÐCOMMERCE IN provisions of the law is for a small will be used to ensure that plastic EXPLOSIVES quantity of plastic explosive utilized explosives contain a detection agent as Par. 2. The authority citation for 27 solely in training in explosive detection required by law. The collection of CFR part 55 continues to read as or development. There is no exception information is mandatory. The likely follows: for training in explosives safety. Such respondents are individuals and an exception would require legislative businesses. The estimated average Authority: 18 U.S.C. 847. action. annual burden associated with the Par. 3. Section 55.180 is amended by collection of information in this revising paragraphs (b), (c)(2), and (d)(2) Miscellaneous—Final Rule regulation is 12 hours per respondent. to read as follows: The Convention on the Marking of Comments concerning the accuracy of Plastic Explosives for the Purpose of this burden estimate and suggestions for § 55.180 Prohibitions relating to unmarked Detection, Done at Montreal on March 1, reducing this burden should be directed plastic explosives. 1991, entered into force on June 21, to the Chief, Document Services Branch, * * * * * 1998. Thirty-eight countries have Room 3110, Bureau of Alcohol, Tobacco (b) No person shall import or bring ratified, including 11 producing states. and Firearms, 650 Massachusetts into the United States, or export from As noted, for the Convention to enter Avenue, NW., Washington, DC 20226, the United States, any plastic explosive into force internationally, 35 countries and to the Office of Management and that does not contain a detection agent. were required to ratify, 11 of which are Budget, Attention: Desk Officer for the This paragraph does not apply to the producing states. Section 55.180 of the Department of the Treasury, Bureau of importation or bringing into the United final regulations is being amended to Alcohol, Tobacco and Firearms, Office States, or the exportation from the incorporate the actual date that the of Information and Regulatory Affairs, United States, of any plastic explosive Convention entered into force. Washington, DC 20503. that was imported or brought into, or Accordingly, the temporary manufactured in the United States prior regulations published in the Federal Disclosure to April 24, 1996, by or on behalf of any Register on February 25, 1997 (T.D. agency of the United States performing Copies of the temporary rule, the ATF–387) are adopted as final upon the military or police functions (including notice of proposed rulemaking, all effective date of this Treasury decision. any military reserve component) or by written comments, and this final rule or on behalf of the National Guard of Executive Order 12866 will be available for public inspection any State, not later than 15 years after It has been determined that this final during normal business hours at: ATF the date of entry into force of the rule is not a significant regulatory action Public Reading Room, Room 6480, 650 Convention on the Marking of Plastic as defined in E.O. 12866, because the Massachusetts Avenue, NW., Explosives with respect to the United economic effects flow directly from the Washington, DC. States, i.e., not later than June 21, 2013. underlying statute and not from this Drafting Information: The author of (c) * * * final rule. Therefore, this final rule is this document is James P. Ficaretta, (2) The shipment, transportation, not subject to the analysis required by Regulations Division, Bureau of transfer, receipt, or possession of any this Executive order. Alcohol, Tobacco and Firearms. plastic explosive that was imported or

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EPA is States with final authorization under than 15 years after the date of entry into publishing this rule without prior Section 3006(b) of the RCRA, 42 U.S.C. force of the Convention on the Marking proposal because the Agency views this 6926(b), have a continuing obligation to of Plastic Explosives with respect to the as a noncontroversial action and does maintain a hazardous waste program United States, i.e., not later than June not anticipate adverse comments. that is equivalent to, consistent with, 21, 2013. However, in the proposed rules section and no less stringent than the Federal (d) * * * of this Federal Register, EPA is hazardous waste program. As the (2) ‘‘Date of entry into force’’ of the publishing a separate document that Federal hazardous waste program Convention on the Marking of Plastic will serve as a proposal to authorize the changes, the States must revise their Explosives means that date on which revision should the Agency receive programs and apply for authorization of the Convention enters into force with adverse comment. Unless EPA receives the revisions. Revisions to State respect to the U.S. in accordance with adverse written comments during the hazardous waste programs may be the provisions of Article XIII of the review and comment period, the necessary when Federal or State Convention on the Marking of Plastic decision to authorize Georgia’s statutory or regulatory authority is Explosives. The Convention entered hazardous waste program revision will modified or when certain other changes into force on June 21, 1998. take effect as provided below. occur. Most commonly, States must * * * * * DATES: This Final authorization for revise their programs because of Signed: February 10, 1999. Georgia will become effective without changes to EPA’s regulations in 40 Code John W. Magaw, further notice on December 13, 1999, of Federal Regulations (CFR) parts 124, Director. unless EPA receives adverse comment 260 through 266, 268, 270, 273 and 279. Approved: March 10, 1999. by November 15, 1999. Should EPA receive such comments the Agency will B. Georgia John P. Simpson, publish a timely withdrawal informing Georgia initially received final Deputy Assistant Secretary (Regulatory, Tariff the public that the rule will not take and Trade Enforcement). authorization on August 7, 1984, effect. effective August 21, 1984, (49 FR 31417) [FR Doc. 99–26771 Filed 10–13–99; 8:45 am] ADDRESSES: Send written comments to to implement its base hazardous waste BILLING CODE 4810±31±P Narindar Kumar, Chief, RCRA Programs management program. Georgia most Branch, Waste Management Division, recently received authorization for U.S. Environmental Protection Agency, revisions to its program on September ENVIRONMENTAL PROTECTION Atlanta Federal Center, 61 Forsyth 18, 1998, effective November 17, 1998, AGENCY Street, SW., Atlanta, GA, 30303–3104; (63 FR 49852). On October 27, 1998, 40 CFR Part 271 (404) 562–8440. Copies of the Georgia Georgia submitted a final complete program revision application and the program revision application, seeking [FRL±6453±2] materials which EPA used in evaluating authorization of its program revision in the revision are available for inspection accordance with 40 CFR 271.21. The Georgia: Final Authorization of State and copying during normal business EPA reviewed Georgia’s application and Hazardous Waste Management hours at the following addresses: now makes an immediate final decision, Program Revision Georgia Department of Natural subject to receipt of adverse written AGENCY: Environmental Protection Resources, Environmental Protection comment, that Georgia’s hazardous Agency (EPA). Division, Floyd Towers East, Room waste program revision satisfies all of 1154, 205 Butler Street, SE., Atlanta, ACTION: Immediate final rule. the requirements necessary to qualify Georgia 30334; and U.S. EPA Region 4, for Final Authorization. Consequently, SUMMARY: Georgia has applied for Final Library, Atlanta Federal Center, 61 EPA intends to grant Georgia Final authorization of revisions to its Forsyth Street, SW., Atlanta, Georgia Authorization for the program hazardous waste program under the 30303; (404) 562–8190. modifications contained in the revision. Resource Conservation and Recovery FOR FURTHER INFORMATION CONTACT: Today, Georgia is seeking authority to Act (RCRA). Georgia’s revision consists Narindar Kumar, Chief, RCRA Programs administer the following Federal of provisions promulgated between July Branch, Waste Management Division, requirements promulgated between July 1, 1996 and June 30, 1997. The EPA has U.S. Environmental Protection Agency, 1, 1996 through June 30, 1997:

Federal Requirement Federal Register date and page Analogous State authority 1

Conditionally Exempt Small Quantity 7/1/96, 61 FR 34278 ...... GHWMA, O.C.G.A. §§ 12±8±62(10) and (12), 12±8±64(1)(A) Generator Disposal Options under (B), (D), (E), (I) and (K), 12±8±65(a)(16) and (21); Rule 391± Subtitle D; Checklist 153. 3±11±.07(1). Consolidated Organic Air Emission 12/6/94, 59 FR 62926; 5/19/95, 60 FR GHWMA, O.C.G.A. §§ 12±8±64(1)(A), (B), (C), (D), (E), and Standards for Tanks, Surface Im- 26828; 9/29/95, 60 FR 50428; 11/ (F), 12±8±65(a)(3), (16) and (21), 12±8±66; Rules 391±3± poundments, and Containers; 13/95, 60 FR 56953; 2/9/96, 61 FR 11±.02(1), 391±3±11±.07(1), 391±3±11±.08(1), 391±3±11± Checklist 154. 4911; 6/5/96, 61 FR 28509; 11/25/ .10(1) and (2), and 391±3±11±.11(3)(h) and (5)(f); Georgia 96, 61 FR 59950. Quality Air Act, O.C.G.A. § 12±9±1 et seq., at O.C.G.A. § 12± 9±5±(b)(1) and (3); Rules for Air Quality Control, Chapter 391±3±1, at Rule 391±3±1±.01(nnnn) effective June 15, 1998.

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Federal requirement Federal Register date and page Analogous State authority 1

Land Disposal restrictions Phase IIIÐ 1/14/97, 62 FR 1997 ...... GHWMA, O.C.G.A. §§ 12±8±62(14), 12±8±64(1)(A), (B), (D), Emergency Extension of the KO88 (F), and (I), 12±8±65(a)(16) and (21); Rule 391±3±11±.16. Capacity Variance; Checklist 155. Military Munitions Rule: Hazardous 2/12/97, 62 FR 6650 ...... GHWMA, O.C.G.A. §§ 12±8±62(10), (16), (20), 12±8±64(1)(A), Waste Identification and Manage- (B), (C), (D), (E), (F), (G), and (I), 12±8±65(a)(16) and (21), ment; Explosives Emergencies; 12±8±66, 12±8±67, 12±8±75; Rules 391±3±11±.02(1), 391± Manifest Exemption for Transport of 3±11±.07(1), 391±3±11±.08(1), 391±3±11±.09, 391±3±11± Hazardous waste on Right-of-Ways .10(1), 391±3±11±.10(2), 391±3±11±.10(3), 391±3±11± on Contiguous Properties; Checklist .11(1)(a), 391±3±11±.11(7)(d). 156. Land Disposal Restrictions Phase IVÐ 5/12/97, 62 FR 26018 ...... GHWMA, O.C.G.A. §§ 12±8±62(10), (13), (14), (20), (23), 12± Treatment Standards for Wood Pre- 8±64(1)(A), (B), (D), (E), (F), (I), (J), (K), (L), 12±8±65(a)(16) serving Wastes, Paperwork Reduc- and (21), (25); Rules 391±3±11±.07(1), 391±3±11±.16. tion and Streamlining; Checklist 157. Testing and Monitoring Activities 6/13/97, 62 FR 32462 ...... GHWMA, O.C.G.A. §§ 12±8±62(9), (10), and (13), 12±8± Amendment III; Checklist 158. 64(1)(A), (D), and (F), 12±8±65(a)(16) and (21); Rules 391± 3±11±.02(1), 391±3±11±.10(1), (2), (3). Conformance with the Carbamate 6/17/97, 62 FR 32977 ...... GHWMA, O.C.G.A. §§ 12±8±62(9), (10), (14), (20) and (23), Vacatur; Checklist 159. 12±8±64(1)(A), (B), (D), (F) and (I), 12±8±65(a)(16) and (21); Rule 391±3±11.07(1) and 391±3±11±.16. 1 The Georgia provisions are from the Georgia Hazardous Waste Management Regulations effective September 26, 1985 and recently revised December 24, 1997.

EPA shall administer any RCRA program revision are available for their regulatory actions on State, local, hazardous waste permits, or portions of inspection and copying at the locations and tribal governments and the private permits that contain conditions based indicated in the ADDRESSES section of sector. Under section 202 of the UMRA, upon the Federal program provisions for this document. The ADDRESSES section EPA generally must prepare a written which the State is applying for also indicates where to send written statement, including a cost-benefit authorization and which were issued by comments on this action. analysis, for proposed and final rules EPA prior to the effective date of this C. Decision with ‘‘Federal mandates’’ that may authorization. EPA will suspend result in expenditures to State, local, issuance of any further permits under I conclude that Georgia’s application and tribal governments, in the aggregate, the provisions for which the State is for program revision authorization or to the private sector, of $100 million being authorized on the effective date of meets all of the statutory and regulatory or more in any one year. Before this authorization. requirements established by RCRA. promulgating an EPA rule for which a Georgia is not authorized to operate Accordingly, EPA grants Georgia Final written statement is needed, section 205 the federal program on Indian lands. Authorization to operate its hazardous of the UMRA generally requires EPA to This authority remains with EPA unless waste program as revised. Georgia now identify and consider a reasonable has responsibility for permitting provided otherwise in a future statute or number of regulatory alternatives and treatment, storage, and disposal regulation. adopt the least costly, most cost- facilities within its borders (except in EPA is publishing this rule without effective or least burdensome alternative Indian country) and for carrying out the prior proposal because we view this as that achieves the objectives of the rule. aspects of the RCRA program described a noncontroversial program revision and The provisions of section 205 do not in its revised program application, do not anticipate adverse comment. apply when they are inconsistent with subject to the limitations of HSWA. However in the ‘‘Proposed Rules’’ applicable law. Moreover, section 205 Georgia also has primary enforcement section of today’s Federal Register, we responsibilities, although EPA retains allows EPA to adopt an alternative other are publishing a separate document that the right to conduct inspections under than the least costly, most cost-effective will serve as the proposal to authorize section 3007 of RCRA, and to take or least burdensome alternative if the the revision if we receive adverse enforcement actions under sections Administrator publishes with the final comments. This authorization will 3008, 3013 and 7003 of RCRA. rule an explanation why that alternative become effective without further notice was not adopted. Before EPA establishes on December 13, 1999, unless EPA D. Codification in Part 272 any regulatory requirements that may receives adverse comment by November The EPA uses 40 CFR part 272 for significantly or uniquely affect small 15, 1999. Should EPA receive such codification of the decision to authorize governments, including tribal comments it will publish a timely Georgia’s program and for incorporation governments, it must have developed withdrawal informing the public that by reference of those provisions of its under section 203 of the UMRA a small the rule will not take effect. We will statutes and regulations that EPA will government agency plan. The plan must address all public comments in a enforce under sections 3008, 3013 and provide for notifying potentially subsequent final action based on the 7003 of RCRA. EPA reserves affected small governments, enabling proposed rule. EPA may not provide amendment of 40 CFR part 272, subpart officials of affected small governments additional opportunity for comment. II until a later date. to have meaningful and timely input in Any parties interested in commenting the development of EPA regulatory must do so at this time. Unfunded Mandates Reform Act proposals with significant Federal The public may submit written Title II of the Unfunded Mandates intergovernmental mandates, and comments on EPA’s immediate final Reform Act of 1995 (UMRA), Public informing, educating, and advising decision until November 15, 1999. Law 104–4, establishes requirements for small governments on compliance with Copies of Georgia’s application for Federal agencies to assess the effects of the regulatory requirements.

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EPA has determined that section 202 these small entities. This is because Executive Order 12875 requires EPA to and 205 requirements do not apply to EPA’s authorization would simply develop an effective process permitting today’s action because this rule does not result in an administrative change, elected officials and other contain a Federal mandate that may rather than a change in the substantive representatives of State, local, and tribal result in annual expenditures of $100 requirements imposed on these small governments ‘‘to provide meaningful million or more for State, local, and/or entities. and timely input in the development of tribal governments in the aggregate, or Pursuant to the provision at 5 U.S.C. regulatory proposals containing the private sector. Costs to State, local 605(b), the Agency hereby certifies that significant unfunded mandates.’’ and/or tribal governments already exist this authorization will not have a This rule does not create a mandate under the Georgia program, and today’s significant economic impact on a on State, local, or tribal governments. action does not impose any additional substantial number of small entities. The rule does not impose any obligations on regulated entities. In fact, This authorization approves regulatory enforceable duties on these entities. The EPA’s approval of State programs requirements under existing State law to State administers its hazardous waste generally may reduce, not increase, which small entities are already subject. program voluntarily, and any duties on compliance costs for the private sector. It does not impose any new burdens on other State, local, or tribal governmental Further, as it applies to the State, this small entities. This rule, therefore, does entities arise from that program, not action does not impose a Federal not require a regulatory flexibility from this action. Accordingly, the intergovernmental mandate because analysis. requirements of Executive Order 12875 UMRA does not include duties arising do not apply to this rule. Submission to Congress and the from participation in a voluntary federal Comptroller General Compliance With Executive Order program. 13045 The requirements of section 203 of The Congressional Review Act, 5 UMRA also do not apply to today’s U.S.C. 801 et seq., as added by the Small Executive Order 13045, ‘‘Protection of action because this rule contains no Business Regulatory Enforcement Children from Environmental Health regulatory requirements that might Fairness Act of 1996, generally provides Risks and Safety Risks,’’ applies to any significantly or uniquely affect small that before a rule may take effect, the rule that: (1) the Office of Management governments. Although small agency promulgating the rule must and Budget determines is ‘‘economically governments may be hazardous waste submit a rule report, which includes a significant’’ as defined under Executive generators, transporters, or own and/or copy of the rule, to each House of the Order 12866, and (2) concerns an operate TSDFs, they are already subject Congress, and to the Comptroller environmental health or safety risk that to the regulatory requirements under the General of the United States. The EPA EPA has reason to believe may have a existing State laws that are being will submit a report containing this rule disproportionate effect on children. If authorized by EPA, and, thus, are not and other required information to the the regulatory action meets both criteria, subject to any additional significant or U.S. Senate, the U.S. House of the Agency must evaluate the unique requirements by virtue of this Representatives and the Comptroller environmental health or safety effects of program approval. General of the United States prior to the planned rule on children and publication of the rule in today’s explain why the planned regulation is Certification Under the Regulatory Federal Register. This rule is not a preferable to other potentially effective Flexibility Act ‘‘major rule’’ as defined by 5 U.S.C. and reasonably feasible alternatives Pursuant to the Regulatory Flexibility 804(2). considered by the Agency. Act (5 U.S.C. 601 et seq., as amended by This rule is not subject to E.O. 13045 the Small Business Regulatory Compliance With Executive Order because it is not an economically Enforcement Fairness Act of 1996), 12866 significant rule as defined by E.O. whenever an agency is required to The Office of Management and Budget 12866, and because it does not involve publish a notice of rulemaking for any has exempted this rule from the decisions based on environmental proposed or final rule, it must prepare requirements of Executive Order 12866. health or safety risks. and make available for public comment a regulatory flexibility analysis that Compliance With Executive Order Compliance With Executive Order describes the effect of the rule on small 12875 13084 entities (i.e., small businesses, small Under Executive Order 12875, EPA Under Executive Order 13084, EPA organizations, and small governmental may not issue a regulation that is not may not issue a regulation that is not jurisdictions). This analysis is required by statute and that creates a required by statute, that significantly or unnecessary, however, if the agency’s mandate upon a State, local, or tribal uniquely affects the communities of administrator certifies that the rule will government, unless the Federal Indian tribal governments, and that not have a significant economic impact government provides the funds imposes substantial direct compliance on a substantial number of small necessary to pay the direct compliance costs on those communities, unless the entities. costs incurred by those governments, or Federal government provides the funds The EPA has determined that this EPA consults with those governments. If necessary to pay the direct compliance authorization will not have a significant EPA complies with consulting, costs incurred by the tribal economic impact on a substantial Executive Order 12875 requires EPA to governments, or EPA consults with number of small entities. Such small provide to the Office of Management those governments. If EPA complies entities which are hazardous waste and Budget a description of the extent with consulting, Executive Order 13084 generators, transporters, or which own of EPA’s prior consultation with requires EPA to provide to the Office of and/or operate TSDFs are already representatives of affected State, local, Management and Budget, in a separately subject to the regulatory requirements and tribal governments, the nature of identified section of the preamble to the under the existing State laws that are their concerns, copies of any written rule, a description of the extent of EPA’s now being authorized by EPA. The communications from the governments, prior consultation with representatives EPA’s authorization does not impose and a statement supporting the need to of affected tribal governments, a any significant additional burdens on issue the regulation. In addition, summary of the nature of their concerns,

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Paperwork Reduction Act representatives of Indian tribal Acting Regional Administrator, Region 4. governments ‘‘to provide meaningful [FR Doc. 99–26191 Filed 10–13–99; 8:45 am] The Paperwork Reduction Act does and timely input in the development of BILLING CODE 6560±50±P not apply because the rule does not regulatory policies on matters that impose any information collection significantly or uniquely affect their requirements that require the approval communities.’’ DEPARTMENT OF DEFENSE of the Office of Management and Budget This rule is not subject to E.O. 13084 under 44 U.S.C. 3501, et seq. because it does not significantly or 48 CFR Part 209 List of Subjects in 48 CFR Part 209 uniquely affect the communities of Indian tribal governments. Georgia is [DFARS Case 98±D304] Government procurement. not authorized to implement the RCRA Defense Federal Acquisition Michele P. Peterson, hazardous waste program in Indian Regulation Supplement; Executive Editor, Defense Acquisition country. This action has no effect on the Congressional Medal of Honor Regulations Council. hazardous waste program that EPA Interim Rule Adopted as Final Without implements in Indian country within AGENCY: Department of Defense (DoD). Change the State. ACTION: Final rule. Accordingly, the interim rule Paperwork Reduction Act SUMMARY: The Director of Defense amending 48 CFR part 209, which was Under the Paperwork Reduction Act, Procurement is adopting as final, published at 64 FR 31732 on June 14, 44 U.S.C. 3501 et seq., Federal agencies without change, an interim rule 1999, is adopted as a final rule without must consider the paperwork burden amending the Defense Federal change. imposed by any information request Acquisition Regulation Supplement [FR Doc. 99–26642 Filed 10–13–99; 8:45 am] contained in a proposed rule or a final (DFARS). The rule implements Section BILLING CODE 5000±04±M rule. This rule will not impose any 8118 of the National Defense information requirements upon the Appropriations Act for Fiscal Year 1999. regulated community. Section 8118 prohibits the award of a DEPARTMENT OF DEFENSE National Technology Transfer and contract to, extension of a contract with, Advancement Act or approval of the award of a 48 CFR Parts 211, 214, and 252 subcontract to any entity that, within Section 12(d) of the National the past 15 years, has been convicted of [DFARS Case 99±D023] Technology Transfer and Advancement the unlawful manufacture or sale of the Defense Federal Acquisition Act of 1995 (‘‘NTTAA’’), Public Law Congressional Medal of Honor. 104–113, section 12(d) (15 U.S.C. 272 Regulation Supplement; Brand Name EFFECTIVE DATE: October 14, 1999. note) directs EPA to use voluntary or Equal Purchase Descriptions FOR FURTHER INFORMATION CONTACT: Ms. consensus standards in its regulatory AGENCY: Department of Defense (DoD). activities unless to do so would be Amy Williams, Defense Acquisition ACTION: Final rule. inconsistent with applicable law or Regulations Council, PDUSD (A&T) DP(DAR), IMD 3D139, 3062 Defense otherwise impractical. Voluntary SUMMARY: The Director of Defense Pentagon, Washington, DC 20301–3062. consensus standards are technical Procurement has issued a final rule Telephone (703) 602–0288; telefax (703) standards (e.g., materials specifications, amending the Defense Federal 602–0350. Please cite DFARS Case 98– test methods, sampling procedures, and Acquisition Regulation Supplement D304. business practices) that are developed or (DFARS) to remove policy pertaining to adopted by voluntary consensus SUPPLEMENTARY INFORMATION: use of brand name purchase standards bodies. The NTTAA directs A. Background descriptions. Policy on this subject has EPA to provide Congress, through OMB, been incorporated into the Federal explanations when the Agency decides DoD published an interim rule at 64 Acquisition Regulation (FAR). not to use available and applicable FR 31732 on June 14, 1999, to EFFECTIVE DATE: October 14, 1999. voluntary consensus standards. implement Section 8118 of the National This action does not involve technical Defense Appropriations Act for Fiscal FOR FURTHER INFORMATION CONTACT: Ms. standards. Therefore, EPA did not Year 1999 (Public Law 105–262). DoD Melissa Rider, Defense Acquisition consider the use of any voluntary received no public comments on the Regulations Council, PDUSD (A&T) DP consensus standards. interim rule. The interim rule is (DAR), IMD 3D139, 3062 Defense converted to a final rule without change. Pentagon, Washington, DC 20301–3062. List of Subjects in 40 CFR Part 271 This rule was not subject to Office of Telephone (703) 602–4245; telefax (703) Environmental protection, Management and Budget review under 602–0350. Please cite DFARS Case 99– Administrative practice and procedure, Executive Order 12866, dated D023. Confidential business information, September 30, 1993. SUPPLEMENTARY INFORMATION: Hazardous waste, Hazardous waste transportation, Incorporation by B. Regulatory Flexibility Act A. Background reference, Indian lands, DoD certifies that this final rule will This final rule removes the policy at Intergovernmental relations, Penalties, not have a significant economic impact DFARS 211.207–1 and 211.270–2, and Reporting and recordkeeping on a substantial number of small entities the solicitation provision at DFARS requirements, Water pollution control, within the meaning of the Regulatory 252.211–7003, pertaining to use of Water supply. Flexibility Act, 5 U.S.C. 601, et seq., ‘‘brand name or equal’’ purchase

VerDate 12-OCT-99 08:49 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\A14OC0.029 pfrm04 PsN: 14OCR1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Rules and Regulations 55633 descriptions. Similar policy on this PART 252ÐSOLICITATION SUPPLEMENTARY INFORMATION: The final subject was incorporated into FAR on PROVISIONS AND CONTRACT regulations to implement the HMS FMP, August 16, 1999 (64 FR 32741, June 17, CLAUSES and Amendment 1 to the Atlantic 1999; Federal Acquisition Circular 97– Billfish Fishery Management Plan 252.211±7003 [Removed and Reserved] 12, Item II). included a provision requiring an owner This rule was not subject to Office of 5. Section 252.211–7003 is removed or operator of a commercial vessel Management and Budget review under and reserved. permitted to fish for Atlantic HMS Executive Order 12866, dated [FR Doc. 99–26641 Filed 10–13–99; 8:45 am] under § 635.4 and that fishes with a September 30, 1993. BILLING CODE 5000±04±M pelagic longline to install a NMFS- B. Regulatory Flexibility Act approved VMS unit on board the vessel and operate the VMS unit whenever the This final rule does not constitute a DEPARTMENT OF COMMERCE vessel leaves port with pelagic longline significant revision within the meaning gear on board. The VMS requirement of of FAR 1.501 and Public Law 98–577 National Oceanic and Atmospheric the final rule was to be effective and publication for public comment is Administration not required. However, DoD will September 1, 1999. consider comments from small entities 50 CFR Part 635 At the time of publication of the final concerning the affected DFARS subparts rule (May 28, 1999), NMFS indicated in accordance with 5 U.S.C. 610. Such [Docket No. I.D. 071698B] that a Federal Register announcement comments should cite DFARS Case 99– RIN 0648±AJ67 would be forthcoming listing the D023. hardware specifications for approved Atlantic Highly Migratory Species C. Paperwork Reduction Act VMS units. Due to unforseen (HMS) Fisheries; Vessel Monitoring circumstances, NMFS experienced a The Paperwork Reduction Act does Systems delay in type-approving suitable units not apply because the rule does not AGENCY: National Marine Fisheries and service providers. Once the type impose any information collection approval process was completed, NMFS requirements that require the approval Service (NMFS), National Oceanic and published a Federal Register document of the Office of Management and Budget Atmospheric Administration (NOAA), (September 9, 1999, 64 FR 48988) listing under 44 U.S.C. 3501, et seq. Commerce. ACTION: Delay of effectiveness. NMFS-approved VMS units and List of Subjects in 48 CFR Parts 211, communication service providers. In 214, and 252 SUMMARY: NMFS further delays the order to allow affected Atlantic HMS Government procurement. effective date of a final rule which pelagic longline fishermen an required vessel owner/operators to Michele P. Peterson opportunity to receive adequate install a NMFS-approved vessel notification of approved VMS units, as Executive Editor, Defense Acquisition monitoring system (VMS) by January 1, Regulations Council. well as time to purchase and properly 2000. This document delays the install a VMS unit for operation Therefore, 48 CFR parts 211, 214, and effective date until June 1, 2000. consistent with provisions provided 252 are amended as follows: DATES: On May 28, 1999, NMFS under § 635.69, NMFS delayed until 1. The authority citation for 48 CFR published a final rule amending § January 1, 2000, the effective date of the parts 211, 214, and 252 continues to 635.69, which established an effective final rule (August 9, 1999, 64 FR 43101). read as follows: date of September 1, 1999. On August Since that time, NMFS has been Authority: 41 U.S.C. 421 and 48 CFR 9, 1999, NMFS delayed the effective Chapter 1. date of this final rule until January 1, developing additional time/area 2000 (64 FR 43101). This document closures to reduce the incidental catch PART 211ÐDESCRIBING AGENCY further delays the effective date until of fish, marine mammals, and other NEEDS June 1, 2000. The effectiveness of an species in the pelagic longline fishery. amendment to §635.69 published July It is unlikely that such new time/area 211.270 [Removed and Reserved] 13, 1999 (64 FR 37705) is also delayed closures will be implemented prior to 2. Section 211.270 is removed and until June 1, 2000. June 2000. Therefore, NMFS delays the reserved. ADDRESSES: Copies of the Highly effective date of the VMS requirements 211.270±1 and 211.270±2 [Removed] Migratory Species Fishery Management until June 1, 2000, consistent with the Plan (HMS FMP), the final rule and current time/area closure in the Mid- 3. Sections 211.270–1 and 211.270–2 supporting documents can be obtained are removed. Atlantic Bight and any new time/area from Rebecca Lent, Chief, Highly closures. Migratory Species Division, Office of PART 214ÐSEALED BIDDING Dated: October 7, 1999. Sustainable Fisheries, NMFS, 1315 East- 214.202±5 [Amended] West Highway, Silver Spring, MD Gary C. Matlock, 4. Section 214.202–5 is amended in 20910. Director, Office of Sustainable Fisheries, paragraph (d) by removing the reference FOR FURTHER INFORMATION CONTACT: Jill National Marine Fisheries Service. ‘‘252.211–7003’’ and adding in its place Stevenson, NMFS, (301) 713–2347, or [FR Doc. 99–26810 Filed 10–8–99; 4:56 pm] the reference ‘‘FAR 52.211–6’’. Buck Sutter (727) 570–5447. BILLING CODE 3510±22±F

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DEPARTMENT OF COMMERCE Observer coverage regulations at requirements set out at § 679.50(c)(v)- § 679.50(c)(1)(v)-(vii) require certain (vii), which are based on a calender National Oceanic and Atmospheric vessels to carry a NMFS-certified quarter compliance period, to be based Administration observer on board for 30–percent of the on a 6-month compliance period during vessels’ fishing days in each quarter of the period of July 1, 1999, through 50 CFR Part 679 the year. Recent unanticipated events December 31, 1999. The Regional [Docket No. 980826225±8296±02; I.D. have increased industry demands for Administrator takes this action based on 100499B] observer coverage, resulting in a his finding that the recent and shortage of observers necessary to meet unanticipated increase in the demand Fisheries of the Exclusive Economic regulatory requirements. According to for observer services and the concurrent Zone off Alaska; Inseason Adjustment observer contractors, the current shortage of observers to meet this to Required Observer Coverage shortage of observers can be attributed demand could jeopardize compliance to several factors, including increased with observer coverage requirements AGENCY: National Marine Fisheries demand for observer coverage as a result and negatively affect the quality of the Service (NMFS), National Oceanic and of Alaska State Board of Fisheries Atmospheric Administration (NOAA), actions affecting participation criteria in data NMFS depends on to manage the Commerce. the Bristol Bay red king crab fishery and groundfish fisheries. This adjustment ACTION: Inseason adjustment; request for increased participation in the Pacific allows owners/operators of vessels comments. cod pot gear fishery by vessels primarily required to have 30–percent observer used to fish for crab due to coverage (i.e., vessels are used to SUMMARY: NMFS issues an interim unanticipated closures of several crab participate for more than 3 fishing days inseason adjustment to observer fisheries. in a directed fishery for groundfish in a coverage requirements for owners/ Insufficient observer availability calendar quarter during the last half of operators of vessels used to participate generally affects the 30–percent vessels 1999) to satisfy the coverage in the North Pacific groundfish fisheries to a greater degree than vessels that are requirements at § 679.50(c)(v)-(vii) at and that are required to have observers required to have an observer onboard at any time during this 6-month period onboard their vessels 30 percent of the all times because (1) the number of 30– instead of being constrained to meet vessel’s fishing days. This adjustment is percent vessels is greater than the these coverage requirements on a necessary to respond to an number of 100–percent vessels, (2) quarterly basis. NMFS anticipates that unanticipated increase in the demand observer contractors generally have this short-term adjustment will provide for observers and to avoid jeopardizing long-standing contracts with 100– vessel owners/operators who require the amount and quality of observer data percent vessels that are more amenable 30–percent coverage more flexibility in used by NMFS to manage the to long-range planning and deployment coordinating with observer contractor groundfish fisheries. of observers, and (3) many 30–percent companies to obtain required observer DATES: This adjustment is effective from vessels are diversified into non- coverage. While the overall level of October 8, 1999 through December 31, groundfish fisheries and operational current observer coverage will not planning and coordination with 1999. Comments must be received at the decrease as a result of this adjustment, following address no later than 4:30 contractors for NMFS-certified observers the adjustment could reduce the amount p.m., A.l.t., October 29, 1999. often is on short notice due to the of observer data collected during the ADDRESSES: Comments may be mailed to inseason uncertainty of when different fisheries will open or close. third calendar quarter of 1999 and Sue Salveson, Assistant Regional potentially increase the amount Administrator, Sustainable Fisheries The recent management actions and observer related qualifying criteria collected during the final quarter of Division, Alaska Region, NMFS, P.O. 1999. The impacts of this redistribution Box 21668, Juneau, AK 99802–1668, associated with the State-managed crab of coverage are not known, but are not Attn: Lori Gravel. Hand delivery or fisheries have resulted in a significant believed to be significant relative to the courier delivery of comments may be change in the interest of crab fishermen benefits of encouraging compliance with sent to the Federal Building, 709 West to participate in the 1999 Pacific cod the regulatory framework on which 9th Street, Room 453, Juneau, AK fishery and have created an 99801. unprecedented demand for groundfish NMFS’ data requirements are based. observers. The resultant shortage of NMFS-certified observer contractors FOR FURTHER INFORMATION CONTACT: Sue observers to meet this increased demand Salveson, 907–586–7228. assert that the existing shortage of has affected the short-term ability of observers will be alleviated after the SUPPLEMENTARY INFORMATION: NMFS contractors to meet industry observer first half of October 1999 because State manages the North Pacific groundfish needs, primarily for 30–percent vessels. of Alaska induced observer coverage fisheries in Federal waters off Alaska NMFS believes that this situation requirements will expire on October 15, according to the Fishery Management jeopardizes observer data availability for Plan for Groundfish of the Gulf of the 30–percent fleet by forcing some when the Bristol Bay red king crab Alaska and the Fishery Management fishermen to choose between foregoing fishery opens; fishermen will have had Plan for the Groundfish Fishery of the participation in fisheries in a manner additional time to coordinate with Bering Sea and Aleutians Islands Area that threatens business solvency and contractors for required coverage; and (FMPs). The North Pacific Fishery fishing without required observer the overall demand for observers is Management Council, under authority coverage in a manner that undermines expected to diminish with anticipated of the Magnuson-Stevens Fishery the quality of information NMFS closures of the inshore and offshore Conservation and Management Act, requires to manage the groundfish pollock fisheries. Therefore, this short- prepared both FMPs. Regulations fisheries. term adjustment terminates at 0001 governing fishing by U.S. vessels in Therefore, in accordance with hours A.l.t. on January 1, 2000, at which accordance with the FMPs appear at § 679.50(e), the Administrator, Alaska time all vessels will again be required to subpart H of 50 CFR part 600 and 50 Region, NMFS (Regional Administrator), meet the requirements of § 679.50(c)(v)- CFR part 679. adjusts existing observer coverage (vii) on a quarterly basis.

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Classification This impact is undesirable and written comments on this action to the The Assistant Administrator for potentially detrimental to the above address until October 29, 1999. Fisheries, NOAA, finds for management of the North Pacific This action is authorized by §§ 679.50 good cause that providing prior notice groundfish fisheries. Further, the and 679.25 and is exempt from review and public comment or interim adjustment relieves a restriction under E.O. 12866. on affected industry members and delaying the effective date of this Authority: 16 U.S.C. 1801 et seq. action is impracticable and contrary to provides a reasonable opportunity for the public interest. Without this interim fishermen to coordinate with observer Dated: October 7, 1999. adjustment, NMFS anticipates increased contractors to obtain the required Bruce C. Morehead, noncompliance with observer coverage coverage during a 6 month period Acting Director, Office of Sustainable requirements and an overall reduction instead of within a calendar quarter. Fisheries, National Marine Fisheries Service. in the level and quality of observer data Under §§ 679.50(e) and 679.25(c)(2), [FR Doc. 99–26811 Filed 10–8–99; 4:56 pm] collected during the last half of 1999. interested persons are invited to submit BILLING CODE 3510±22±F

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Proposed Rules Federal Register Vol. 64, No. 198

Thursday, October 14, 1999

This section of the FEDERAL REGISTER p.m., Monday through Friday, except 99–NM–237–AD, 1601 Lind Avenue, contains notices to the public of the proposed Federal holidays. SW., Renton, Washington 98055–4056. issuance of rules and regulations. The The service information referenced in Discussion purpose of these notices is to give interested the proposed rule may be obtained from persons an opportunity to participate in the British Aerospace Regional Aircraft On September 28, 1998, the FAA rule making prior to the adoption of the final issued AD 98–21–06, amendment 39– rules. American Support, 13850 Mclearen Road, Herndon, Virginia 20171. This 10814 (63 FR 53550, October 6, 1998), information may be examined at the applicable to certain British Aerospace DEPARTMENT OF TRANSPORTATION FAA, Transport Airplane Directorate, Model BAe 146–100A, –200A, and 1601 Lind Avenue, SW., Renton, –300A series airplanes, to require either Federal Aviation Administration Washington. a one-time non-destructive test (NDT) FOR FURTHER INFORMATION CONTACT: inspection or a visual inspection for 14 CFR Part 39 Norman B. Martenson, Manager, cracking of the fuselage skin in the International Branch, ANM–116, FAA, vicinity of frame 29 between stringers [Docket No. 99±NM±237±AD] 12 and 13, and repair, if necessary. That Transport Airplane Directorate, 1601 action was prompted by issuance of Lind Avenue, SW., Renton, Washington RIN 2120±AA64 mandatory continuing airworthiness 98055–4056; telephone (425) 227–2110; information issued by a foreign civil Airworthiness Directives; British fax (425) 227–1149. airworthiness authority, which reported Aerospace Model BAe 146±100A, SUPPLEMENTARY INFORMATION: ±200A, and ±300A Series Airplanes that, during routine inspections, fatigue Comments Invited cracking was found in the specified AGENCY: Federal Aviation area. The requirements of that AD are Interested persons are invited to Administration, DOT. intended to detect and correct fatigue participate in the making of the cracking of the fuselage skin in the ACTION: Notice of proposed rulemaking proposed rule by submitting such (NPRM). specified area, which could result in written data, views, or arguments as reduced structural integrity of the they may desire. Communications shall SUMMARY: This document proposes the airplane. supersedure of an existing airworthiness identify the Rules Docket number and be submitted in triplicate to the address Information Received Since Issuance of directive (AD), applicable to certain Previous AD British Aerospace Model BAe 146– specified above. All communications 100A, –200A, and –300A series received on or before the closing date Since issuance of that AD, the FAA airplanes, that currently requires either for comments, specified above, will be has been advised of new metallurgical a one-time non-destructive test (NDT) considered before taking action on the analysis which necessitates changes to inspection or a detailed visual proposed rule. The proposals contained the current inspection thresholds and inspection for cracking of the fuselage in this notice may be changed in light the addition of repetitive inspections. skin in the vicinity of frame 29 between of the comments received. Comments are specifically invited on Explanation of Relevant Service stringers 12 and 13, and repair, if the overall regulatory, economic, Information necessary. This action would require environmental, and energy aspects of that the current thresholds for these Since the issuance of AD 98–21–06, the proposed rule. All comments inspections be reduced and that British Aerospace has issued Service submitted will be available, both before repetitive inspections be performed. Bulletin SB.53–144, Revision 1, dated and after the closing date for comments, This proposal is prompted by issuance May 21, 1999. The inspection in the Rules Docket for examination by of mandatory continuing airworthiness procedures described in this revision interested persons. A report information by a foreign civil are identical to those described in the summarizing each FAA-public contact airworthiness authority. The actions original service bulletin (which was concerned with the substance of this specified by the proposed AD are referenced in AD 98–21–06). However, proposal will be filed in the Rules intended to detect and correct fatigue Revision 1 reduces the initial inspection Docket. cracking of the fuselage skin in the thresholds. Commenters wishing the FAA to The new revision also adds a closing specified area, which could result in acknowledge receipt of their comments action which advises operators to refer reduced structural integrity of the submitted in response to this notice to a new Significant Structural Item airplane. must submit a self-addressed, stamped (SSI) entry 53–20–160. The service DATES: Comments must be received by postcard on which the following bulletin and the SSI task recommend November 15, 1999. statement is made: ‘‘Comments to the same inspection and initial ADDRESSES: Submit comments in Docket Number 99–NM–237–AD.’’ The inspection threshold, but the SSI task triplicate to the Federal Aviation postcard will be date stamped and also includes intervals for repetitive Administration (FAA), Transport returned to the commenter. inspections. This SSI task is identified Airplane Directorate, ANM–114, in the Model BAe 146 Maintenance Availability of NPRMs Attention: Rules Docket No. 99–NM– Review Board (MRB) report. 237–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this The Civil Aviation Authority (CAA), Renton, Washington 98055–4056. NPRM by submitting a request to the which is the airworthiness authority for Comments may be inspected at this FAA, Transport Airplane Directorate, the United Kingdom, classified Revision location between 9:00 a.m. and 3:00 ANM–114, Attention: Rules Docket No. 1 of the service bulletin as mandatory in

VerDate 12-OCT-99 08:57 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\A14OC2.048 pfrm04 PsN: 14OCP1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules 55637 order to assure the continued approximately 6 work hours per PART 39ÐAIRWORTHINESS airworthiness of these airplanes in the airplane to accomplish it, at an average DIRECTIVES United Kingdom. labor rate of $60 per work hour. Based on these figures, the cost impact of the 1. The authority citation for part 39 FAA’s Conclusions visual inspection on U.S. operators is continues to read as follows: This airplane model is manufactured estimated to be $360 per airplane, per Authority: 49 U.S.C. 106(g), 40113, 44701. in the United Kingdom and is type inspection cycle. certificated for operation in the United For operators that elect to accomplish § 39.13 [Amended] States under the provisions of section the NDT inspection rather than the 2. Section 39.13 is amended by 21.29 of the Federal Aviation visual inspection, it would take Regulations (14 CFR 21.29) and the removing amendment 39–10814 (63 FR approximately 8 work hours per 53550, November 10, 1998), and by applicable bilateral airworthiness airplane to accomplish it, at an average agreement. Pursuant to this bilateral adding the following new airworthiness labor rate of $60 per work hour. Based directive: airworthiness agreement, the CAA has on these figures, the cost impact of the kept the FAA informed of the situation NDT inspection on U.S. operators is British Aerospace Regional Aircraft described above. The FAA has estimated to be $480 per airplane, per (Formerly British Aerospace Regional examined the findings of the CAA, Aircraft Limited, Avro International inspection cycle. Aerospace Division; British Aerospace, reviewed all available information, and The cost impact figures discussed determined that AD action is necessary PLC; British Aerospace Commercial above are based on assumptions that no Aircraft Limited): Docket 99–NM–237– for products of this type design that are operator has yet accomplished any of AD. Supersedes AD 98–21–06, certificated for operation in the United the requirements of this AD action, and Amendment 39–10814. States. that no operator would accomplish Applicability: Model BAe 146–100, –200, Explanation of Requirements of those actions in the future if this AD and –300 series airplanes; as listed in British Proposed Rule were not adopted. Aerospace Service Bulletin SB.53–144, dated April 27, 1998, or Revision 1, dated May 21, Since an unsafe condition has been Regulatory Impact 1999; certificated in any category. identified that is likely to exist or The regulations proposed herein Note 1: This AD applies to each airplane develop on other airplanes of the same would not have substantial direct effects identified in the preceding applicability type design registered in the United on the States, on the relationship provision, regardless of whether it has been States, the proposed AD would modified, altered, or repaired in the area between the national government and supersede AD 98–21–06 to require subject to the requirements of this AD. For the States, or on the distribution of accomplishment of the actions specified airplanes that have been modified, altered, or power and responsibilities among the in the service bulletin described repaired so that the performance of the various levels of government. Therefore, previously, except as discussed below. requirements of this AD is affected, the in accordance with Executive Order owner/operator must request approval for an Differences Between Proposed Rule and 12612, it is determined that this alternative method of compliance in Service Bulletin proposal would not have sufficient accordance with paragraph (d) of this AD. The request should include an assessment of Operators should note that, although federalism implications to warrant the preparation of a Federalism Assessment. the effect of the modification, alteration, or the service bulletin specifies that the repair on the unsafe condition addressed by For the reasons discussed above, I manufacturer may be contacted for this AD; and, if the unsafe condition has not disposition of cracking conditions, this certify that this proposed regulation (1) been eliminated, the request should include proposal would require the repair of is not a ‘‘significant regulatory action’’ specific proposed actions to address it. those conditions to be accomplished in under Executive Order 12866; (2) is not Compliance: Required as indicated, unless accordance with a method approved by a ‘‘significant rule’’ under the DOT accomplished previously. either the FAA or the CAA (or its Regulatory Policies and Procedures (44 To detect and correct fatigue cracking of delegated agent). In light of the type of FR 11034, February 26, 1979); and (3) if the fuselage skin in the vicinity of frame 29 repair that would be required to address promulgated, will not have a significant between stringers 12 and 13, which could the identified unsafe condition, and in economic impact, positive or negative, result in reduced structural integrity of the consonance with existing bilateral on a substantial number of small entities airplane, accomplish the following: airworthiness agreements, the FAA has under the criteria of the Regulatory Inspections Flexibility Act. A copy of the draft determined that, for this proposed AD, (a) Perform either a non-destructive test a repair approved by either the FAA or regulatory evaluation prepared for this (NDT) inspection or a detailed visual the CAA would be acceptable for action is contained in the Rules Docket. inspection for cracking of the fuselage skin in compliance with this proposed AD. A copy of it may be obtained by the vicinity of frame 29 between stringers 12 Revision 1 of Service Bulletin SB.53– contacting the Rules Docket at the and 13, in accordance with British Aerospace 144 refers to the repetitive inspections location provided under the caption Service Bulletin SB.53–144, dated April 27, identified in MRB new entry SSI 53–20– ADDRESSES. 1998, or Revision 1, dated May 21, 1999, at 160, but does not explicitly require that the earlier of the applicable times specified List of Subjects in 14 CFR Part 39 in paragraphs (a)(1) and (a)(2). these inspections be performed. The proposed AD would mandate these Air transportation, Aircraft, Aviation Note 2: The actions defined in the original safety, Safety. issue and Revision 1 of the service bulletin repetitive inspections directly. are identical. However, the compliance times Cost Impact The Proposed Amendment and effectivity groupings are different. Accomplishment of either revision level, at The FAA estimates that 23 airplanes Accordingly, pursuant to the the earlier of the applicable compliance times of U.S. registry would be affected by this authority delegated to me by the of paragraphs (a)(1) and (a)(2) of this AD, is proposed AD. Administrator, the Federal Aviation acceptable for compliance with the For operators that elect to accomplish Administration proposes to amend part requirements of paragraph (a) of this AD. the visual inspection rather than the 39 of the Federal Aviation Regulations Note 3: For the purposes of this AD, a NDT inspection, it would take (14 CFR part 39) as follows: detailed inspection is defined as: ‘‘An

VerDate 12-OCT-99 15:46 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\14OCP1.XXX pfrm02 PsN: 14OCP1 55638 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules intensive visual examination of a specific accordance with a method approved by conditioning system, an inspection to structural area, system, installation, or either the Manager, International Branch, measure the bead height on the ends of assembly to detect damage, failure, or ANM–116, FAA, Transport Airplane the turbine air discharge duct; and irregularity. Available lighting is normally Directorate; or the Civil Aviation Authority corrective actions, if necessary. This supplemented with a direct source of good (or its delegated agent). For a repair method lighting at intensity deemed appropriate by to be approved by the Manager, International proposal is prompted by reports the inspector. Inspection aids such as mirror, Branch, ANM–116, as required by this indicating that the turbine air discharge magnifying lenses, etc., may be used. Surface paragraph, the manager’s approval letter duct disconnected from the cold air unit cleaning and elaborate access procedures must specifically reference this AD. (CAU) or water separator due to may be required.’’ insufficient bead height on the ends of Alternative Methods of Compliance (1) For airplanes identified in the specified the turbine air discharge duct. The paragraph of Service Bulletin SB.53–144, (d) An alternative method of compliance or actions specified by the proposed AD dated April 27, 1998: adjustment of the compliance time that are intended to prevent such (i) Paragraph 1.D.(1)(a): Inspect prior to the provides an acceptable level of safety may be used if approved by the Manager, disconnection from the CAU or water accumulation of 12,000 total flight cycles, or separator, which could result in cabin within 1,000 flight cycles after November 10, International Branch, ANM–116. Operators 1998 (the effective date of AD 98–21–06, shall submit their requests through an depressurization. amendment 39–10814), whichever occurs appropriate FAA Principal Maintenance DATES: Comments must be received by later. Inspector, who may add comments and then November 29, 1999. (ii) Paragraph 1.D.(1)(b): Inspect prior to send it to the Manager, International Branch, ADDRESSES: Submit comments in the accumulation of 16,000 total flight cycles, ANM–116. triplicate to the Federal Aviation or within 1,200 flight cycles after November Note 4: Information concerning the Administration (FAA), Transport 10, 1998, whichever occurs later. existence of approved alternative methods of Airplane Directorate, ANM–114, (iii) Paragraph 1.D.(1)(c): Inspect prior to compliance with this AD, if any, may be the accumulation of 13,500 total flight cycles, obtained from the International Branch, Attention: Rules Docket No. 99–NM– or within 1,000 flight cycles after November ANM–116. 80–AD, 1601 Lind Avenue, SW., 10, 1998, whichever occurs later. (e) Special flight permits may be issued in Renton, Washington 98055–4056. (iv) Paragraph 1.D.(1)(d): Inspect prior to accordance with sections 21.197 and 21.199 Comments may be inspected at this the accumulation of 22,000 total flight cycles, of the Federal Aviation Regulations (14 CFR location between 9:00 a.m. and 3:00 or within 1,400 flight cycles after November 21.197 and 21.199) to operate the airplane to p.m., Monday through Friday, except 10, 1998, whichever occurs later. a location where the requirements of this AD Federal holidays. (2) For airplanes in the applicable can be accomplished. The service information referenced in configuration specified in Table 1 of Service Bulletin SB.53–144, Revision 1, dated May Note 5: The subject of this AD is addressed the proposed rule may be obtained from 21, 1999: in British airworthiness directive 005–04–98. Raytheon Aircraft Company, Manager (i) For Model BAe 146–100 airplanes on Issued in Renton, Washington, on October Service Engineering, Hawker Customer which Modification HCM00020P has not 7, 1999. Support Department, P.O. Box 85, been accomplished: Inspect prior to the D.L. Riggin, Wichita, Kansas 67201–0085. This accumulation of 11,600 total flight cycles, or Acting Manager, Transport Airplane information may be examined at the within 1,000 flight cycles after the effective Directorate, Aircraft Certification Service. FAA, Transport Airplane Directorate, date of this AD, whichever occurs later. [FR Doc. 99–26868 Filed 10–13–99; 8:45 am] 1601 Lind Avenue, SW., Renton, (ii) For Model BAe 146–100 airplanes on Washington; or at the FAA, Small which Modification HCM00020P has been BILLING CODE 4910±13±P accomplished: Inspect prior to the Airplane Directorate, Wichita Aircraft accumulation of 14,500 total flight cycles, or Certification Office, 1801 Airport Road, within 1,200 flight cycles after the effective DEPARTMENT OF TRANSPORTATION Room 100, Mid-ContinentAirport, date of this AD, whichever occurs later. Wichita, Kansas. (iii) For Model BAe 146–200 airplanes on Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Paul which Modification HCM00021J has not been C. DeVore, Aerospace Engineer, Systems 14 CFR Part 39 accomplished: Inspect prior to the and Propulsion Branch, ACE–116W, accumulation of 12,600 total flight cycles, or within 1,000 flight cycles after the effective [Docket No. 99±NM±80±AD] FAA, Small Airplane Directorate, Wichita Aircraft Certification Office, date of this AD, whichever occurs later. RIN 2120±AA64 (iv) For Model BAe 146–200 airplanes on 1801 Airport Road, Room 100, Mid- which Modification HCM00021J has been Airworthiness Directives; Raytheon Continent Airport, Wichita, Kansas accomplished: Inspect prior to the Model BAe.125 Series 1000A and 67209; telephone (316) 946–4142; fax accumulation of 11,600 total flight cycles, or 1000B Airplanes and Model Hawker (316) 946–4407. within 1,000 flight cycles after the effective SUPPLEMENTARY INFORMATION: date of this AD, whichever occurs later. 1000 Series Airplanes (v) For Model BAe 146–300 airplanes on AGENCY: Federal Aviation Comments Invited which Modification HCM01000B has not Administration, DOT. Interested persons are invited to been accomplished: Inspect prior to the accumulation of 17,200 total flight cycles, or ACTION: Notice of proposed rulemaking participate in the making of the within 1,400 flight cycles after the effective (NPRM). proposed rule by submitting such date of this AD, whichever occurs later. written data, views, or arguments as (b) Repeat the inspections required by SUMMARY: This document proposes the they may desire. Communications shall paragraph (a) of this AD at the intervals adoption of a new airworthiness identify the Rules Docket number and defined in Significant Structural Item (SSI) directive (AD) that is applicable to all be submitted in triplicate to the address Task No. 53–20–160 as detailed in Section 6 Raytheon Model BAe.125 series 1000A specified above. All communications of the BAe 146 Maintenance Review Board and 1000B airplanes and Model Hawker received on or before the closing date Report, Revision 5, dated November 1998. 1000 series airplanes. This proposal for comments, specified above, will be Corrective Action would require an inspection to considered before taking action on the (c) If any cracking is detected during any determine the integrity of the duct proposed rule. The proposals contained inspection required by paragraph (a) or (b) of connection on both ends of the turbine in this notice may be changed in light this AD, prior to further flight, repair in air discharge duct in the air of the comments received.

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Comments are specifically invited on intended to adequately address the The Proposed Amendment the overall regulatory, economic, identified unsafe condition. Accordingly, pursuant to the environmental, and energy aspects of Explanation of Requirements of authority delegated to me by the the proposed rule. All comments Proposed Rule Administrator, the Federal Aviation submitted will be available, both before Administration proposes to amend part Since an unsafe condition has been and after the closing date for comments, 39 of the Federal Aviation Regulations identified that is likely to exist or in the Rules Docket for examination by (14 CFR part 39) as follows: interested persons. A report develop on other products of this same summarizing each FAA-public contact type design, the proposed AD would PART 39ÐAIRWORTHINESS concerned with the substance of this require accomplishment of the actions DIRECTIVES proposal will be filed in the Rules specified in the service bulletin Docket. described previously. 1. The authority citation for part 39 continues to read as follows: Commenters wishing the FAA to Cost Impact acknowledge receipt of their comments Authority: 49 U.S.C. 106(g), 40113, 44701. There are approximately 52 airplanes submitted in response to this notice of the affected design in the worldwide § 39.13 [Amended] must submit a self-addressed, stamped fleet. The FAA estimates that 35 postcard on which the following 2. Section 39.13 is amended by airplanes of U.S. registry would be statement is made: ‘‘Comments to adding the following new airworthiness affected by this proposed AD, that it Docket Number 99–NM–80–AD.’’ The directive: would take approximately 9 work hours postcard will be date stamped and Raytheon Aircraft Company (Formerly per airplane to accomplish the proposed returned to the commenter. Beech): Docket 99–NM–80–AD. actions, and that the average labor rate Applicability: All Model BAe.125 series Availability of NPRMs is $60 per work hour. Based on these 1000A and 1000B airplanes and Model figures, the cost impact of the proposed Hawker 1000 series airplanes, Any person may obtain a copy of this AD on U.S. operators is estimated to be certificated in any category. NPRM by submitting a request to the $18,900, or $540 per airplane. Note 1: This AD applies to each airplane FAA, Transport Airplane Directorate, The cost impact figure discussed identified in the preceding applicability ANM–114, Attention: Rules Docket No. above is based on assumptions that no provision, regardless of whether it has been 99–NM–80–AD, 1601 Lind Avenue, operator has yet accomplished any of modified, altered, or repaired in the area SW., Renton, Washington 98055–4056. the proposed requirements of this AD subject to the requirements of this AD. For airplanes that have been modified, altered, or Discussion action, and that no operator would repaired so that the performance of the accomplish those actions in the future if requirements of this AD is affected, the The FAA has received several reports this AD were not adopted. indicating that the turbine air discharge owner/operator must request approval for an Regulatory Impact alternative method of compliance in duct disconnected from the cold air unit accordance with paragraph (d) of this AD. (CAU) or water separator in flight on The regulations proposed herein The request should include an assessment of Raytheon Model BAe.125 series 1000A would not have substantial direct effects the effect of the modification, alteration, or and 1000B airplanes and Model Hawker on the States, on the relationship repair on the unsafe condition addressed by 1000 series airplanes during flight. between the national government and this AD; and, if the unsafe condition has not Investigation revealed that the bead the States, or on the distribution of been eliminated, the request should include height on the ends of the turbine air power and responsibilities among the specific proposed actions to address it. discharge duct was smaller than the various levels of government. Therefore, Compliance: Required as indicated, unless design requirement, which could allow in accordance with Executive Order accomplished previously. To prevent the turbine air discharge duct the rubber connecting sleeves to 12612, it is determined that this disconnect. Disconnection of the turbine in the air conditioning system from proposal would not have sufficient disconnecting from the CAU or water air discharge duct from the CAU or federalism implications to warrant the separator in flight, which could result in water separator could result in loss of preparation of a Federalism Assessment. cabin depressurization, accomplish the normal air supply to maintain cabin For the reasons discussed above, I following: pressurization. certify that this proposed regulation (1) Inspections is not a ‘‘significant regulatory action’’ Explanation of Relevant Service (a) Within 25 flight hours after the effective Information under Executive Order 12866; (2) is not a ‘‘significant rule’’ under the DOT date of this AD, perform a general visual The FAA has reviewed and approved inspection to determine the integrity of the Regulatory Policies and Procedures (44 duct connections (i.e., ensure that the duct Raytheon Aircraft Service Bulletin SB FR 11034, February 26, 1979); and (3) if and securing clamps are in place, the sleeve 21–3108, dated November 1998, which promulgated, will not have a significant is central to the joint gap, and the clamps are describes procedures for a one-time economic impact, positive or negative, clear of the duct bead) on both ends of the visual inspection to determine the on a substantial number of small entities turbine air discharge duct in accordance with integrity of the duct connection on both under the criteria of the Regulatory Raytheon Service Bulletin SB 21–3108, dated ends of the turbine air discharge duct in Flexibility Act. A copy of the draft November 1998. If any discrepancy is the air conditioning system; a one-time regulatory evaluation prepared for this detected, prior to further flight, adjust the detailed inspection to measure the bead action is contained in the Rules Docket. clamps in accordance with the service bulletin. height on the ends of the turbine air A copy of it may be obtained by discharge duct; and corrective actions, if contacting the Rules Docket at the Note 2: For the purposes of this AD, a necessary. The corrective actions general visual inspection is defined as: ‘‘A location provided under the caption visual examination of an interior or exterior involve adjustment of the clamps, and ADDRESSES. area, installation, or assembly to detect either rework of the duct or replacement List of Subjects in 14 CFR Part 39 obvious damage, failure, or irregularity. This of the duct with a new duct. level of inspection is made under normally Accomplishment of the actions Air transportation, Aircraft, Aviation available lighting conditions such as specified in the service bulletin is safety, Safety. daylight, hangar lighting, flashlight, or drop-

VerDate 12-OCT-99 08:57 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\A14OC2.051 pfrm04 PsN: 14OCP1 55640 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules light, and may require removal or opening of DEPARTMENT OF TRANSPORTATION Certification Office, 10 Fifth Street, access panels or doors. Stands, ladders, or Third Floor, Valley Stream, New York platforms may be required to gain proximity Federal Aviation Administration 11581; telephone (516) 256–7526; fax to the area being checked.’’ (516) 568–2716. 14 CFR Part 39 (b) Within 300 flight hours or 6 months SUPPLEMENTARY INFORMATION: after the effective date of this AD, whichever [Docket No. 99±NM±165±AD] occurs first, perform a one-time detailed Comments Invited RIN 2120±AA64 inspection to measure the bead height on the ends of the turbine air discharge duct in Interested persons are invited to Airworthiness Directives; Bombardier participate in the making of the accordance with Raytheon Service Bulletin Model DHC±7 Series Airplanes SB 21–3108, dated November 1998. If the proposed rule by submitting such bead height does not conform to the AGENCY: Federal Aviation written data, views, or arguments as dimension shown in the service bulletin, Administration, DOT. they may desire. Communications shall identify the Rules Docket number and prior to further flight, either rework the duct ACTION: Notice of proposed rulemaking be submitted in triplicate to the address or replace the duct with a new duct, in (NPRM). accordance with the service bulletin. specified above. All communications received on or before the closing date Note 3: For the purposes of this AD, a SUMMARY: This document proposes the detailed inspection is defined as: ‘‘An adoption of a new airworthiness for comments, specified above, will be intensive visual examination of a specific directive (AD) that is applicable to considered before taking action on the structural area, system, installation, or certain Bombardier Model DHC–7 series proposed rule. The proposals contained assembly to detect damage, failure, or airplanes. This proposal would require in this notice may be changed in light irregularity. Available lighting is normally a one-time visual inspection to detect of the comments received. supplemented with a direct source of good corrosion on the upper half of the lower Comments are specifically invited on lighting at intensity deemed appropriate by longerons on the inboard nacelles; and the overall regulatory, economic, the inspector. Inspection aids such as mirror, corrective actions, if necessary. This environmental, and energy aspects of magnifying lenses, etc., may be used. Surface proposal also would require the proposed rule. All comments cleaning and elaborate access procedures modification of the upper and lower submitted will be available, both before may be required.’’ longeron halves. This proposal is and after the closing date for comments, prompted by issuance of mandatory in the Rules Docket for examination by Spares continuing airworthiness information by interested persons. A report (c) As of the effective date of this AD, no a foreign civil airworthiness authority. summarizing each FAA-public contact person shall install a turbine air discharge The actions specified by the proposed concerned with the substance of this duct, part number 25–9VF425–1A, on any AD are intended to detect and correct proposal will be filed in the Rules airplane, unless that duct has been inspected corrosion in the upper halves of the left Docket. in accordance with Part II of Raytheon and right hand lower longerons on the Commenters wishing the FAA to Service Bulletin SB 21–3108, dated inboard nacelles, which could result in November 1998. acknowledge receipt of their comments a landing gear failure. submitted in response to this notice Alternative Methods of Compliance DATES: Comments must be received by must submit a self-addressed, stamped (d) An alternative method of compliance or November 15, 1999. postcard on which the following adjustment of the compliance time that ADDRESSES: Submit comments in statement is made: ‘‘Comments to provides an acceptable level of safety may be triplicate to the Federal Aviation Docket Number 99–NM–165–AD.’’ The used if approved by the Manager, Wichita Administration (FAA), Transport postcard will be date stamped and Aircraft Certification Office (ACO), FAA, Airplane Directorate, ANM–114, returned to the commenter. Small Airplane Directorate. Operators shall Attention: Rules Docket No. 99–NM– Availability of NPRMs submit their requests through an appropriate 165–AD, 1601 Lind Avenue, SW., FAA Principal Maintenance Inspector, who Renton, Washington 98055–4056. Any person may obtain a copy of this may add comments and then send it to the Comments may be inspected at this NPRM by submitting a request to the Manager, Wichita ACO. location between 9:00 a.m. and 3:00 FAA, Transport Airplane Directorate, Note 4: Information concerning the p.m., Monday through Friday, except ANM–114, Attention: Rules Docket No. existence of approved alternative methods of Federal holidays. 99–NM–165–AD, 1601 Lind Avenue, compliance with this AD, if any, may be The service information referenced in SW., Renton, Washington 98055–4056. obtained from the Wichita ACO. the proposed rule may be obtained from Discussion Bombardier, Inc., Bombardier Regional Special Flight Permits Aircraft Division, Garratt Boulevard, Transport Canada Civil Aviation (e) Special flight permits may be issued in Downsview, Ontario M3K 1Y5, Canada. (TCCA), which is the airworthiness accordance with sections 21.197 and 21.199 This information may be examined at authority for Canada, notified the FAA of the Federal Aviation Regulations (14 CFR the FAA, Transport Airplane that an unsafe condition may exist on 21.197 and 21.199) to operate the airplane to Directorate, 1601 Lind Avenue, SW., certain Bombardier Model DHC–7 series a location where the requirements of this AD Renton, Washington; or at the FAA, airplanes. TCCA advises that severely can be accomplished. Engine and Propeller Directorate, New corroded areas have been found in the Issued in Renton, Washington, on October York Aircraft Certification Office, 10 upper halves of the left and right lower 7, 1999. Fifth Street, Third Floor, Valley Stream, longerons on the inboard engine D.L. Riggin, New York. nacelles. The corrosion was caused by Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT: accumulation of moisture in the vicinity Directorate, Aircraft Certification Service. Franco Pieri, Aerospace Engineer, of the longeron cavities and around or [FR Doc. 99–26869 Filed 10–13–99; 8:45 am] Airframe and Propulsion Branch, ANE– under retaining bolt seats. This BILLING CODE 4910±13±P 171, FAA, Engine and Propeller condition, if not corrected, could result Directorate, New York Aircraft in landing gear failure.

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Explanation of Relevant Service Differences Between Proposed Rule and FR 11034, February 26, 1979); and (3) if Information Service Bulletin promulgated, will not have a significant economic impact, positive or negative, Bombardier has issued Service Operators should note that, although the service bulletin specifies that the on a substantial number of small entities Bulletin S.B. 7–54–19, Revision ‘C,’ under the criteria of the Regulatory dated April 16, 1999, which describes manufacturer may be contacted for disposition of certain cracks, this Flexibility Act. A copy of the draft procedures for a one-time visual proposal would require the repair of regulatory evaluation prepared for this inspection to detect corrosion on the those conditions to be accomplished in action is contained in the Rules Docket. upper half of the lower longerons on the accordance with a method approved by A copy of it may be obtained by inboard nacelles; and corrective actions, either the FAA, or TCCA (or it’s contacting the Rules Docket at the if necessary. The corrective actions delegated agent). In light of the type of location provided under the caption involve blending out corroded areas; repair that would be required to address ADDRESSES. performing a fluorescent penetrant or the identified unsafe condition, and in List of Subjects in 14 CFR Part 39 eddy current inspection to detect cracks consonance with existing bilateral Air transportation, Aircraft, Aviation in areas where corrosion was blended airworthiness agreements, the FAA has safety, Safety. out; and repair or replacement of the determined that, for this proposed AD, longeron with a new longeron, if a repair approved by either the FAA or The Proposed Amendment necessary. The service bulletin also TCCA (or it’s delegated agent) would be Accordingly, pursuant to the describes procedures for modification of acceptable for compliance with this authority delegated to me by the the upper and lower longeron halves. proposed AD. Administrator, the Federal Aviation The modification involves drilling Cost Impact Administration proposes to amend part drainage holes through the upper and 39 of the Federal Aviation Regulations The FAA estimates that 32 airplanes lower longeron halves; finishing all (14 CFR part 39) as follows: cleaned surfaces with alodine and of U.S. registry would be affected by this chromate epoxy primer; refinishing the proposed AD. PART 39ÐAIRWORTHINESS longeron assembly with polyurethane It would take approximately 8 work DIRECTIVES paint; and applying an anti-corrosion hours per airplane to accomplish the compound. Accomplishment of the proposed inspection, at an average labor 1. The authority citation for part 39 continues to read as follows: actions specified in the service bulletin rate of $60 per work hour. Based on is intended to adequately address the these figures, the cost impact of the Authority: 49 U.S.C. 106(g), 40113, 44701. identified unsafe condition. TCCA proposed AD on U.S. operators is estimated to be $15,360, or $480 per § 39.13 [Amended] classified this service bulletin as airplane. 2. Section 39.13 is amended by mandatory and issued Canadian It would take approximately 12 work adding the following new airworthiness airworthiness directive CF–99–07, dated hours per airplane to accomplish the directive: March 15, 1999, in order to assure the proposed modification, at an average Bombardier, Inc. (Formerly de Havilland, continued airworthiness of these labor rate of $60 per work hour. Based airplanes in Canada. Inc.): Docket 99–NM–165–AD. on these figures, the cost impact of the Applicability: Model DHC–7 series FAA’s Conclusions modification proposed by this AD on airplanes, serial numbers 004 through 113 U.S. operators is estimated to be inclusive, except serial numbers 037 and 061; This airplane model is manufactured $23,040, or $720 per airplane. certificated in any category. in Canada and is type certificated for The cost impact figures discussed Note 1: This AD applies to each airplane operation in the United States under the above are based on the assumption that identified in the preceding applicability provisions of section 21.29 of the no operator has yet accomplished any of provision, regardless of whether it has been Federal Aviation Regulations (14 CFR the proposed requirements of this AD modified, altered, or repaired in the area 21.29) and the applicable bilateral action, and that no operator would subject to the requirements of this AD. For accomplish those actions in the future if airplanes that have been modified, altered, or airworthiness agreement. Pursuant to repaired so that the performance of the this bilateral airworthiness agreement, this AD were not adopted. requirements of this AD is affected, the TCCA has kept the FAA informed of the Regulatory Impact owner/operator must request approval for an situation described above. The FAA has alternative method of compliance in examined the findings of TCCA, The regulations proposed herein accordance with paragraph (d) of this AD. reviewed all available information, and would not have substantial direct effects The request should include an assessment of determined that AD action is necessary on the States, on the relationship the effect of the modification, alteration, or between the national government and repair on the unsafe condition addressed by for products of this type design that are this AD; and, if the unsafe condition has not certificated for operation in the United the States, or on the distribution of power and responsibilities among the been eliminated, the request should include States. various levels of government. Therefore, specific proposed actions to address it. Explanation of Requirements of in accordance with Executive Order Compliance: Required as indicated, unless Proposed Rule 12612, it is determined that this accomplished previously. proposal would not have sufficient To detect and correct corrosion in the Since an unsafe condition has been federalism implications to warrant the upper halves of the left and right hand identified that is likely to exist or preparation of a Federalism Assessment. lower longerons on the inboard nacelles, develop on other airplanes of the same For the reasons discussed above, I which could result in a landing gear type design registered in the United certify that this proposed regulation (1) failure, accomplish the following: States, the proposed AD would require Is not a ‘‘significant regulatory action’’ Inspection accomplishment of the actions specified under Executive Order 12866; (2) is not (a) Within 6 months after the effective date in the service bulletin described a ‘‘significant rule’’ under the DOT of this AD, perform a visual inspection to previously, except as discussed below. Regulatory Policies and Procedures (44 detect corrosion on the upper half of the

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Riggin, the proposed rule may be obtained from Bombardier Service Bulletin S.B. 7–54–19, Acting Manager, Transport Airplane Airbus Industrie, 1 Rond Point Maurice Revision ‘C,’ dated April 16, 1999. Directorate, Aircraft Certification Service. Bellonte, 31707 Blagnac Cedex, France. Corrective Action [FR Doc. 99–26870 Filed 10–13–99; 8:45 am] This information may be examined at (c) If any corrosion is detected, prior to BILLING CODE 4910±13±P the FAA, Transport Airplane further flight, accomplish the actions Directorate, 1601 Lind Avenue, SW., specified in paragraph (c)(1) or (c)(2) of this Renton, Washington. DEPARTMENT OF TRANSPORTATION AD, as applicable, in accordance with FOR FURTHER INFORMATION CONTACT: Bombardier Service Bulletin S.B. 7–54–19, Revision ‘C,’ dated April 16, 1999. Federal Aviation Administration Norman B. Martenson, Manager, (1) For corrosion that is within the limits International Branch, ANM–116, FAA, specified in the service bulletin: Accomplish 14 CFR Part 39 Transport Airplane Directorate, 1601 the corrective actions specified in the service [Docket No. 96±NM±92±AD] Lind Avenue, SW., Renton, Washington bulletin, and perform a fluorescent penetrant 98055–4056; telephone (425) 227–2110; inspection or high frequency eddy current RIN 2120±AA64 fax (425) 227–1149. inspection to detect cracks in areas where SUPPLEMENTARY INFORMATION: corrosion was blended out. The corrective Airworthiness Directives; Airbus Model actions and inspections shall be done in A319 and A320 Series Airplanes Comments Invited accordance with the service bulletin. (i) If no crack is detected, prior to further AGENCY: Federal Aviation Interested persons are invited to flight, modify the upper and lower longeron Administration, DOT. participate in the making of the halves in accordance with the service ACTION: Supplemental notice of proposed rule by submitting such bulletin. proposed rulemaking; reopening of written data, views, or arguments as (ii) If any crack is detected, prior to further they may desire. Communications shall flight, accomplish the actions required by comment period. paragraphs (c)(1)(ii)(A) and (c)(1)(ii)(B) of this identify the Rules Docket number and SUMMARY: AD. This document revises an be submitted in triplicate to the address (A) Either replace the longeron with a new earlier proposed airworthiness directive specified above. All communications longeron in accordance with the service (AD), applicable to certain Airbus received on or before the closing date bulletin, or repair in accordance with a Model A320 series airplanes, that would for comments, specified above, will be method approved by either the Manager, have required repetitive inspections to considered before taking action on the New York Aircraft Certification Office (ACO), detect cracking and delamination of the proposed rule. The proposals contained FAA, Engine and Propeller Directorate; or containers in which the off-wing in this notice may be changed in light Transport Canada Civil Aviation (or it’s emergency evacuation slides are stored, of the comments received. delegated agent). For a repair method to be and corrective actions, if necessary. If approved by the Manager, New York ACO, as Comments are specifically invited on required by this paragraph, the Manager’s cracking and delamination in excess of the overall regulatory, economic, approval letter must specifically reference certain limits are found, the proposed environmental, and energy aspects of this AD. AD would have required replacement of the proposed rule. All comments (B) Modify the upper and lower longeron the slide with a modified slide, which submitted will be available, both before halves in accordance with the service would have terminated the inspection and after the closing date for comments, bulletin. requirement. This new action revises in the Rules Docket for examination by (2) For corrosion that exceeds the limits the proposed rule by requiring an interested persons. A report specified in the service bulletin: Accomplish additional modification of the slides; summarizing each FAA-public contact the actions required in paragraphs accomplishment of both modifications (c)(1)(ii)(A) and (c)(1)(ii)(B) of this AD. concerned with the substance of this of the slides would terminate the proposal will be filed in the Rules Alternative Methods of Compliance requirement for repetitive inspections. Docket. (d) An alternative method of compliance or This proposal is prompted by issuance Commenters wishing the FAA to adjustment of the compliance time that of mandatory continuing airworthiness acknowledge receipt of their comments provides an acceptable level of safety may be information by a foreign civil submitted in response to this notice used if approved by the Manager, New York airworthiness authority. The actions ACO, FAA, Engine and Propeller Directorate. must submit a self-addressed, stamped specified by this new proposed AD are postcard on which the following Operators shall submit their requests through intended to prevent the loss of the an appropriate FAA Principal Maintenance statement is made: ‘‘Comments to Inspector, who may add comments and then escape slides during flight, which could Docket Number 96–NM–92–AD.’’ The send it to the Manager, New York ACO. make the emergency exits located over postcard will be date stamped and Note 2: Information concerning the each wing unusable and result in returned to the commenter. existence of approved alternative methods of damage to the fuselage. compliance with this AD, if any, may be DATES: Comments must be received by Availability of NPRMs obtained from the New York ACO. November 3, 1999. Any person may obtain a copy of this Special Flight Permits ADDRESSES: Submit comments in NPRM by submitting a request to the (e) Special flight permits may be issued in triplicate to the Federal Aviation FAA, Transport Airplane Directorate, accordance with sections 21.197 and 21.199 Administration (FAA), Transport ANM–114, Attention: Rules Docket No. of the Federal Aviation Regulations (14 CFR Airplane Directorate, ANM–114, 96–NM–92–AD, 1601 Lind Avenue, 21.197 and 21.199) to operate the airplane to Attention: Rules Docket No. 96–NM– SW., Renton, Washington 98055–4056.

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Discussion procedures for an additional continued operational safety will be A proposal to amend part 39 of the modification of the offwing escape better assured by modifications or Federal Aviation Regulations (14 CFR slides. The new modification involves design changes to remove the source of part 39) to add an airworthiness structurally enhancing the container the problem, rather than by repetitive directive (AD), applicable to certain door by replacing frangible washers inspections. Long-term inspections may with solid ring retainers. The not be providing the degree of safety Airbus Model A320 series airplanes, modification also involves inspecting assurance necessary for the transport was published as a notice of proposed each slide as described in A320–25– airplane fleet. This, coupled with a rulemaking (NPRM) in the Federal 1161, Revision 01, repairing, if better understanding of the human Register on January 14, 1997 (62 FR necessary, and repacking the slide. factors associated with numerous 1861). That NPRM would have required Accomplishment of this modification, continual inspections, has led the FAA repetitive inspections to detect cracking in addition to the modification specified to consider placing less emphasis on and delamination of the containers in in the original service bulletin, would inspections and more emphasis on which the left and right off-wing eliminate the need for the repetitive design improvements. The proposed emergency evacuation slides are stored, inspections of the escape slide modification requirement is consistent and repair, if necessary. If cracking and containers. The Airbus service bulletin with these conditions. delamination in excess of certain limits references Air Cruisers Service Bulletins are found, that proposed AD also would 004–25–37, Revision 2, dated May 29, Cost Impact have required replacement of the slide 1996, and 004–25–42, dated September The FAA estimates that 121 airplanes with a modified slide, which would 16, 1996, as additional sources of of U.S. registry would be affected by this have terminated the requirement for service information for accomplishment proposed AD. repetitive inspections; and replacement of the modifications. It would take approximately 5 work of the discrepant container with a Accomplishment of the actions hours per airplane to accomplish the serviceable container. That NPRM was specified in the Airbus service bulletins proposed inspection, at an average labor prompted by a report indicating that a is intended to adequately address the rate of $60 per work hour. Based on slide deployed during flight, which identified unsafe condition. The DGAC these figures, the cost impact of the resulted in the loss of the slide and the classified Airbus Service Bulletin A320– proposed inspection on U.S. operators is container door. That condition, if not 25–1161, Revision 01, dated February 2, estimated to be $36,300, or $300 per corrected, could make the emergency 1999, as mandatory and issued French airplane, per inspection cycle. exits located over each wing unusable airworthiness directive 1999–232– It would take approximately 6 work and result in damage to the fuselage. 132(B), dated June 2, 1999, in order to hours per airplane to accomplish the Actions Since Issuance of Previous assure the continued airworthiness of proposed modifications, at an average Proposal these airplanes in France. labor rate of $60 per work hour. Required parts would cost Conclusion Since the issuance of that NPRM, the approximately $170 per airplane. Based Direction Ge´ne´rale de l’Aviation Civile This supplemental NPRM proposes to on these figures, the cost impact of the (DGAC), which is the airworthiness add a requirement for modification of proposed modifications on U.S. authority for France, has advised the the slides in accordance with Airbus operators is estimated to be $64,130, or FAA that, although repackaging of the Service Bulletin A320–25–1156, $530 per airplane. slide was previously thought to be Revision 01, dated February 2, 1999, The cost impact figures discussed sufficient to prevent loss of container which would terminate the requirement above are based on assumptions that no doors and consequent loss of escape for repetitive inspections. This operator has yet accomplished any of slides, inservice inspections have supplemental NPRM would also revise the proposed requirements of this AD revealed that interference may still be the applicability to add Airbus Model action, and that no operator would present even with correctly packed A319 series airplanes, and to exclude accomplish those actions in the future if slides. Therefore, the DGAC no longer airplanes on which the terminating this AD were not adopted. considers that modification of the slides modification has been accomplished in as described in Airbus Service Bulletin production or in service. Since certain Regulatory Impact A320–25–1156, dated June 21, 1995, of these changes expand the scope of the The regulations proposed herein will eliminate the need for repetitive originally proposed rule, the FAA has would not have substantial direct effects inspections of the slides. determined that it is necessary to reopen on the States, on the relationship between the national government and Explanation of Relevant Service the comment period to provide the States, or on the distribution of Information additional opportunity for public comment. power and responsibilities among the Airbus has issued Service Bulletin various levels of government. Therefore, A320–25–1161, Revision 01, dated Differences Between Proposed Rule and in accordance with Executive Order February 2, 1999. The inspection French AD 12612, it is determined that this procedures described in this service The proposed AD would differ from proposal would not have sufficient bulletin are identical to the previous the parallel French airworthiness federalism implications to warrant the revision. However, this revision directive in that it would mandate the preparation of a Federalism Assessment. includes Airbus Model A319 series accomplishment of the modifications of For the reasons discussed above, I airplanes in the effectivity, adds the offwing escape slides within 5 years, certify that this proposed regulation (1) references to an additional modification which would constitute terminating is not a ‘‘significant regulatory action’’ of the offwing escape slides, and action for the repetitive inspections under Executive Order 12866; (2) is not updates certain service bulletin required by this AD. The French a ‘‘significant rule’’ under the DOT references to later revisions. airworthiness directive provides for that Regulatory Policies and Procedures (44 Airbus also has issued Service action as optional. Mandating the FR 11034, February 26, 1979); and (3) if Bulletin A320–25–1156, Revision 01, terminating action is based on the promulgated, will not have a significant dated February 2, 1999, which describes FAA’s determination that long-term economic impact, positive or negative,

VerDate 12-OCT-99 08:57 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\A14OC2.057 pfrm04 PsN: 14OCP1 55644 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules on a substantial number of small entities accordance with Airbus Service Bulletin International Branch, ANM–116, FAA, under the criteria of the Regulatory A320–25–1161, Revision 01, dated February Transport Airplane Directorate. Operators Flexibility Act. A copy of the draft 2, 1999. Repeat the inspection thereafter at shall submit their requests through an regulatory evaluation prepared for this intervals not to exceed 18 months, until appropriate FAA Principal Maintenance accomplishment of the actions required by Inspector, who may add comments and then action is contained in the Rules Docket. paragraph (d) of this AD. send it to the Manager, International Branch, A copy of it may be obtained by (1) Within 500 flight hours after the ANM–116. contacting the Rules Docket at the effective date of this AD. Note 4: Information concerning the location provided under the caption (2) Within 18 months after the last existence of approved alternative methods of ADDRESSES. inspection in accordance with Airbus All compliance with this AD, if any, may be Operator Telex 25–09, dated January 2, 1995, List of Subjects in 14 CFR Part 39 obtained from the International Branch, or Revision 1, dated February 16, 1995; or ANM–116. Air transportation, Aircraft, Aviation Airbus Service Bulletin A320–25–1161, safety, safety. dated June 21, 1995; if accomplished prior to Special Flight Permits the effective date of this AD. (f) Special flight permits may be issued in The Proposed Amendment (3) Within 18 months after modification of accordance with sections 21.197 and 21.199 Accordingly, pursuant to the the offwing escape slides in accordance with of the Federal Aviation Regulations (14 CFR Airbus Service Bulletin A320–25–1156, 21.197 and 21.199) to operate the airplane to authority delegated to me by the dated June 21, 1995; if accomplished prior to Administrator, the Federal Aviation a location where the requirements of this AD the effective date of this AD. can be accomplished. Administration proposes to amend part Note 2: For the purposes of this AD, a 39 of the Federal Aviation Regulations Note 5: The subject of this AD is addressed detailed visual inspection is defined as: ‘‘An in French airworthiness directive 1999–232– (14 CFR part 39) as follows: intensive visual examination of a specific 132(B), dated June 2, 1999. structural area, system, installation, or PART 39ÐAIRWORTHINESS assembly to detect damage, failure, or Issued in Renton, Washington, on October DIRECTIVES irregularity. Available lighting is normally 7, 1999. supplemented with a direct source of good D.L. Riggin, 1. The authority citation for part 39 lighting at intensity deemed appropriate by Acting Manager, Transport Airplane continues to read as follows: the inspector. Inspection aids such as mirror, Directorate, Aircraft Certification Service. Authority: 49 U.S.C. 106(g), 40113, 44701. magnifying lenses, etc., may be used. Surface [FR Doc. 99–26871 Filed 10–13–99; 8:45 am] cleaning and elaborate access procedures BILLING CODE 4910±13±U § 39.13 [Amended] may be required.’’ 2. Section 39.13 is amended by (b) If any crack or delamination is found adding the following new airworthiness during any inspection required by paragraph DEPARTMENT OF TRANSPORTATION directive: (a) of this AD that does not exceed the limits specified in Airbus Service Bulletin A320– Federal Aviation Administration Airbus Industrie: Docket 96–NM–92–AD. 25–1161, Revision 01, dated February 2, Applicability: Model A319 and A320 series 1999: Prior to further flight, repair the crack 14 CFR Part 39 airplanes, certificated in any category; except or delamination in accordance with the airplanes on which Airbus Modifications service bulletin, and continue inspecting in [Docket No. 97±NM±298±AD] 24850 and 25844 have been installed in accordance with paragraph (a) of this AD. production, or on which Airbus Service (c) If any crack or delamination is found RIN 2120±AA64 Bulletin A320–25–1156, Revision 01, dated during any inspection required by paragraph February 2, 1999, has been accomplished. (a) of this AD that exceeds the limits Airworthiness Directives; McDonnell Note 1: This AD applies to each airplane specified in Airbus Service Bulletin A320– Douglas Model DC±9, DC±9±80, and C± identified in the preceding applicability 25–1161, Revision 01, dated February 2, 9 (Military) Series Airplanes; Model provision, regardless of whether it has been 1999: Prior to further flight, replace the MD±88 Airplanes; and Model MD±90 discrepant container with a serviceable otherwise modified, altered, or repaired in Airplanes the area subject to the requirements of this container in accordance with the service AD. For airplanes that have been modified, bulletin, and continue inspecting in AGENCY: Federal Aviation altered, or repaired so that the performance accordance with paragraph (a) of this AD. Administration, DOT. of the requirements of this AD is affected, the Terminating Modification owner/operator must request approval for an ACTION: Notice of proposed rulemaking alternative method of compliance in (d) Within 5 years after the effective date (NPRM). accordance with paragraph (e) of this AD. of this AD, modify the offwing escape slides The request should include an assessment of (i.e., modifications, inspection, repair, and SUMMARY: This document proposes the the effect of the modification, alteration, or repacking) in accordance with Airbus Service supersedure of an existing airworthiness repair on the unsafe condition addressed by Bulletin A320–25–1156, Revision 01, dated directive (AD), applicable to certain this AD; and, if the unsafe condition has not February 2, 1999. Modification of the escape McDonnell Douglas Model DC–9, DC–9– slides constitutes terminating action for the been eliminated, the request should include 80, and C–9 (military) series airplanes; specific proposed actions to address it. repetitive inspections required by paragraph (a) of this AD. Model MD–88 airplanes; and MD–90 Compliance: Required as indicated, unless airplanes, that currently requires a accomplished previously. Note 3: Airbus Service Bulletin A320–25– To prevent the loss of the escape slides 1156, Revision 01, dated February 2, 1999, visual check to determine the part and during flight, which could make the references Air Cruisers Service Bulletins serial numbers of the upper lock link emergency exits located over each wing 004–25–37, Revision 2, dated May 29, 1996, assembly of the nose landing gear unusable and result in damage to the and 004–25–42, dated September 16, 1996, as (NLG); repetitive inspections of certain fuselage, accomplish the following: additional sources of service information for upper lock link assemblies to detect accomplishment of the modification of the Inspections and Corrective Actions fatigue cracking; and replacement of the offwing escape slides. upper lock link assembly with an (a) At the latest of the times specified in assembly made from aluminum forging paragraphs (a)(1), (a)(2), and (a)(3) of this AD, Alternative Methods of Compliance as applicable: Perform a detailed visual (e) An alternative method of compliance or material, if necessary. Such replacement inspection to detect cracking and adjustment of the compliance time that would constitute terminating action for delamination of each off-wing escape slide provides an acceptable level of safety may be the requirements of this AD. The container, including the container door, in used if approved by the Manager, proposed AD would expand the

VerDate 12-OCT-99 08:57 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\A14OC2.058 pfrm04 PsN: 14OCP1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules 55645 applicability of the existing AD, reduce in this notice may be changed in light of three lock link failures and four the compliance times for the of the comments received. cracked lock links. inspections, and add new inspection Comments are specifically invited on In the preamble to AD 97–02–10, the requirements. This proposal is the overall regulatory, economic, FAA specified that the actions required prompted by a report indicating that an environmental, and energy aspects of by that AD were considered ‘‘interim NLG upper lock link fractured prior to the proposed rule. All comments action’’ and that the manufacturer was landing and jammed against the NLG submitted will be available, both before developing a modification to positively shock strut, restricting the NLG from and after the closing date for comments, address the unsafe condition. The FAA fully extending. The actions specified in the Rules Docket for examination by indicated that it may consider further by this proposal are intended to prevent interested persons. A report rulemaking action once the modification the upper lock link assembly from summarizing each FAA-public contact was developed, approved, and available. fracturing due to fatigue cracking, and concerned with the substance of this The manufacturer now has developed a the NLG consequently failing to extend proposal will be filed in the Rules method that can be used by the fully; this condition could result in Docket. operators to identify the type of material injury to passengers and flight crew, and Commenters wishing the FAA to used for the upper lock link (overcenter damage to the airplane. acknowledge receipt of their comments link) of the NLG, and the FAA has submitted in response to this notice determined that further rulemaking DATES: Comments must be received by must submit a self-addressed, stamped action is indeed necessary. This November 29, 1999. postcard on which the following proposed AD follows from that ADDRESSES: Submit comments in statement is made: ‘‘Comments to determination. triplicate to the Federal Aviation Docket Number 97–NM–298–AD.’’ The Additional Relevant Service Administration (FAA), Transport postcard will be date stamped and Information Airplane Directorate, ANM–114, returned to the commenter. Attention: Rules Docket No. 97–NM– The FAA has reviewed and approved 298–AD, 1601 Lind Avenue, SW., Availability of NPRMs the following McDonnell Douglas Renton, Washington 98055–4056. Any person may obtain a copy of this Service Bulletins, both dated March 11, Comments may be inspected at this NPRM by submitting a request to the 1999: location between 9:00 a.m. and 3:00 FAA, Transport Airplane Directorate, • MD90–32–033 (for Model MD–90 p.m., Monday through Friday, except ANM–114, Attention: Rules Docket No. airplanes). Federal holidays. 97–NM–298–AD, 1601 Lind Avenue, • DC9–32–315 [for Model DC–9, DC– The service information referenced in SW., Renton, Washington 98055–4056. 9–80, and C–9 (military) series airplanes; and Model MD–88 airplanes]. the proposed rule may be obtained from Discussion Boeing Commercial Aircraft Group, Those service bulletins specify Long Beach Division, 3855 Lakewood On January 14, 1997, the FAA issued procedures for removing and retaining Boulevard, Long Beach, California AD 97–02–10, amendment 39–9895 (62 certain upper lock links and attaching 90846, Attention: Technical FR 3781, January 27, 1997), applicable parts for the NLG, and a visual Publications Business Administration, to certain McDonnell Douglas Model inspection of the NLG upper lock link Dept. C1–L51 (2–60). This information DC–9, DC–9–80, and C–9 (military) assembly to determine whether the may be examined at the FAA, Transport series airplanes; Model MD–88 assembly is from the affected lot Airplane Directorate, 1601 Lind airplanes; and MD–90 airplanes. That specified in the applicable service Avenue, SW., Renton, Washington; or at AD requires a visual check to determine bulletin. Procedures also include the the part and serial numbers of the upper following on-condition actions: the FAA, Transport Airplane • Directorate, Los Angeles Aircraft lock link assembly of the nose landing If the link is from the affected lot, Certification Office, 3960 Paramount gear (NLG); repetitive inspections of replace the link with either a new upper Boulevard, Lakewood, California. certain upper lock link assemblies to lock link or a lock link assembly made detect fatigue cracking; and replacement from aluminum forging material. FOR FURTHER INFORMATION CONTACT: of the upper lock link assembly with an • If the upper lock link is not from Brent Bandley, Aerospace Engineer, assembly made from aluminum forging the affected lot, etch inspect to Airframe Branch, ANM–120L, FAA, material, if necessary. That action was determine the type of material used for Transport Airplane Directorate, Los prompted by a report indicating that, the lock link (Condition 2 or 3). If an Angeles Aircraft Certification Office, due to fatigue cracking, the upper lock NLG upper lock link is made from 3960 Paramount Boulevard, Lakewood, link assembly on an airplane fractured, aluminum forging material (Condition California 90712–4137; telephone (562) and consequently prevented the NLG 2), reidentify the lock link by adding an 627–5237; fax (562) 627–5210. from extending fully. The requirements ‘‘F’’ to the P/N. If an NLG upper lock SUPPLEMENTARY INFORMATION: of that AD are intended to prevent this link is made from plate or bar material (Condition 3), accomplish either of two Comments Invited assembly from fracturing due to fatigue cracking, and the NLG consequently options. Option 1 specifies permanently Interested persons are invited to failing to extend fully; this condition removing any discrepant lock link and participate in the making of the could result in injury to passengers and replacing it with a new upper lock link proposed rule by submitting such flight crew, and damage to the airplane. or a lock link assembly made from written data, views, or arguments as aluminum forging. Option 2 specifies they may desire. Communications shall Actions Since Issuance of Previous Rule restoring the link finish; reidentifying identify the Rules Docket number and Since the issuance of AD 97–02–10, the lock link by adding a paint stripe be submitted in triplicate to the address the FAA has received one report of an next to the part number, which specified above. All communications incident involving a McDonnell Douglas indicates the part is not made from received on or before the closing date Model DC–9–82 (MD–82) series airplane aluminum forging material; and for comments, specified above, will be in which the upper lock link failed and eventually replacing the upper lock link considered before taking action on the the NLG collapsed on landing. In assembly with a link made from proposed rule. The proposals contained addition, the FAA has received reports aluminum forging material.

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The FAA also has reviewed and on calculations of the fatigue life of the Revision 02, specify procedures for approved the following McDonnell lock link made from plate or bar ‘‘exempt and non-exempt’’ lock link Douglas Alert Service Bulletins, both material and crack growth analysis, and assemblies. However, in this proposed dated October 29, 1997. has taken into account the detectability AD there are no lock link assemblies • MD90–32A019, Revision 02 (for of the non-destructive inspection specified as ‘‘exempt or non-exempt.’’ Model MD–90 airplanes). methods used. The shorter compliance Instead, a one-time detailed visual • DC9–32A298, Revision 02 [for times were determined because of inspection is required to determine Model DC–9, DC–9–80, and C–9 findings of higher stress levels in the whether the upper lock link assembly is (military) series airplanes; and Model NLG upper lock link than previously from an ‘‘affected lot,’’ as specified in MD–88 airplanes]. indicated due to increased crack growth Boeing Service Bulletin MD90–32–033 Those alert service bulletins are rate beyond the initial inspection or DC9–32–315. essentially the same as the earlier threshold. versions of the service bulletins, which AD 97–02–10 requires that the initial Cost Impact include procedures for a high frequency inspection of the upper lock link There are approximately 2,100 eddy current inspection and Type I assembly of the NLG be accomplished airplanes of the affected design in the fluorescent penetrant inspection of the ‘‘prior to the accumulation of 10,000 worldwide fleet. The FAA estimates that upper lock link to detect cracking of the total cycles of the NLG, or within 90 1,400 airplanes of U.S. registry would be lock link. However, Revision 02 adds days after the effective date of this AD, affected by this proposed AD. airplanes to the effectivity and reduces whichever occurs later.’’ However, It would take approximately 1 work the compliance times for the paragraphs (a) and (b) of this proposed hour per airplane to accomplish the inspections. rule would require a one-time detailed proposed detailed visual and etch Accomplishment of the actions visual inspection of the NLG upper lock inspections of the NLG upper lock link, specified in the applicable service link assembly to be accomplished at an average labor rate of $60 per work bulletin referenced above is intended to ‘‘within 2,500 landings on the NLG after hour. Based on these figures, the cost adequately address the identified unsafe the effective date of this AD, or 5,000 impact of the proposed AD on U.S. condition. landings since the last inspection operators is estimated to be $84,000, or accomplished in accordance with $60 per airplane. Explanation of Requirements of It would take approximately 2 work Proposed Rule paragraph (a) of AD 97–02–10, whichever occurs first.’’ hours per airplane to accomplish each Since an unsafe condition has been proposed replacement of the NLG upper identified that is likely to exist or Clarification of Requirements lock link, at an average labor rate of $60 develop on other products of this same The FAA has determined that it is per work hour. Required parts would type design, the proposed AD would necessary to clarify certain terminology cost approximately $5,803 per airplane. supersede AD 97–02–10 to continue to used in AD 97–02–10. In light of this, Based on these figures, the cost impact require an inspection to determine the the term ‘‘visual check’’ has been of the proposed AD on U.S. operators is part and serial numbers of the upper changed to ‘‘detailed visual inspection’’ estimated to be $8,292,200, or $5,923 lock link assembly of the NLG. This in this AD. The FAA considers that this per airplane. proposed AD would expand the type of inspection is necessary to ensure The cost impact figures discussed applicability of the existing AD, reduce the continued operational safety of the above are based on assumptions that no the compliance times for the fleet. operator has yet accomplished any of inspections, and add new inspection the current or proposed requirements of Differences Between Proposed Rule and requirements. The proposed AD also this AD action, and that no operator Service Information requires replacement of the NLG upper would accomplish those actions in the lock link, if necessary. Such Operators should note that, although future if this AD were not adopted. the previously referenced service replacement would constitute Regulatory Impact terminating action for the requirements bulletins specify repetitive inspections of this AD. of the upper lock link for cracks, this The regulations proposed herein The actions would be required to be proposed AD does not require repetitive would not have substantial direct effects accomplished in accordance with the inspections. on the States, on the relationship previously referenced service The FAA has determined that long between the national government and information. term continued operational safety will the States, or on the distribution of be better assured by modifications or power and responsibilities among the Explanation of Proposed Compliance design changes to remove the source of various levels of government. Therefore, Times the problem, rather than by repetitive in accordance with Executive Order Based on further investigation, the inspections. Long term inspections may 12612, it is determined that this FAA finds that the current inspection not be providing the degree of safety proposal would not have sufficient thresholds and intervals for the assurance necessary for the transport federalism implications to warrant the repetitive inspections specified by AD airplane fleet. This, coupled with a preparation of a Federalism Assessment. 97–02–10 are inadequate to detect better understanding of the human For the reasons discussed above, I cracking in a timely manner. factors associated with numerous certify that this proposed regulation (1) Consequently, it is necessary to lower repetitive inspections, has led the FAA is not a ‘‘significant regulatory action’’ the threshold for the one-time to consider placing less emphasis on under Executive Order 12866; (2) is not inspections of the upper lock link special procedures and more emphasis a ‘‘significant rule’’ under the DOT assembly of the NLG, and to require on design improvements. The proposed Regulatory Policies and Procedures (44 replacement actions in lieu of repetitive replacement requirement is in FR 11034, February 26, 1979); and (3) if inspections. consonance with these considerations. promulgated, will not have a significant The FAA has determined the Operators also should note that economic impact, positive or negative, compliance times for the one-time Boeing Alert Service Bulletins MD90– on a substantial number of small entities inspections for the proposed rule based 32A019 and DC9–32A298, both under the criteria of the Regulatory

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Flexibility Act. A copy of the draft landings since the last inspection Model MD–88 airplanes], or McDonnell regulatory evaluation prepared for this accomplished in accordance with paragraph Douglas Service Bulletin MD90–32–033 (for action is contained in the Rules Docket. (a) of AD 97–02–10, whichever occurs first, Model MD–90 airplanes), both dated March A copy of it may be obtained by remove and retain the upper lock link, part 11, 1999; as applicable. number (P/N) 3914464, and attaching parts; contacting the Rules Docket at the and accomplish the inspections required by Corrective Actions location provided under the caption paragraphs (b) and (c) of this AD, in Condition 2 (Aluminum Forging Material) ADDRESSES. accordance with McDonnell Douglas Service (1) If the upper lock link is made from Bulletin DC9–32–315 [for Model DC–9, DC– aluminum forging material, prior to further List of Subjects in 14 CFR Part 39 9–80, and C–9 (military) series airplanes; and Air transportation, Aircraft, Aviation Model MD–88 airplanes], or McDonnell flight, restore the finish and reidentify the lock link, P/N 3914464, by adding an ‘‘F’’ to safety, Safety. Douglas Service Bulletin MD90–32–033 (for Model MD–90 airplanes), both dated March the part number, using an electro etch The Proposed Amendment 11, 1999; as applicable. method, in accordance with the applicable service bulletin. Following accomplishment Accordingly, pursuant to the Detailed Visual Inspection of the identification of the lock link as being authority delegated to me by the (b) Perform a one-time detailed visual made from aluminum forging material, no Administrator, the Federal Aviation inspection of the NLG upper lock link further action is required by this AD. Administration proposes to amend part assembly to determine whether the serial Condition 3 (Plate or Bar Material) 39 of the Federal Aviation Regulations number of the lock link is identified in the (14 CFR part 39) as follows: affected lot specified in Condition 1 of the (2) If the NLG upper lock link is made from Accomplishment Instructions of the plate or bar material, prior to further flight, PART 39ÐAIRWORTHINESS applicable service bulletin, in accordance accomplish either Option 1, as specified by paragraph (c)(2)(i) of this AD, or Option 2, as DIRECTIVES with McDonnell Douglas Service Bulletin DC9–32–315 [for Model DC–9, DC–9–80, and specified by paragraphs (c)(2)(ii) and 1. The authority citation for part 39 C–9 (military) series airplanes; and Model (c)(2)(iii) of this AD. continues to read as follows: MD–88 airplanes], or McDonnell Douglas Option 1 Service Bulletin MD90–32–033 (for Model Authority: 49 U.S.C. 106(g), 40113, 44701. (i) Permanently remove any discrepant MD–90 airplanes), both dated March 11, upper lock link and replace with a new § 39.13 [Amended] 1999; as applicable. upper lock link, P/N 3914464–507; a 2. Section 39.13 is amended by Identifying Upper Lock Links From Affected reidentified upper lock link, P/N 3914464; or removing amendment 39–9895 (62 FR Lot and Corrective Actions: a new upper lock link assembly, P/N 5965065–507; all made from aluminum 3781, January 27, 1997), and by adding Condition 1 (Hand Forging Serial Number) forging material; in accordance with the a new airworthiness directive (AD), to (1) If the serial number of the upper lock applicable service bulletin. Accomplishment read as follows: link is not from the affected lot specified in of the replacement action constitutes McDonnell Douglas: Docket 97–NM–298– the applicable service bulletin (Condition 1), terminating action for the requirements of AD. Supersedes AD 97–02–10, prior to further flight, accomplish the etch this AD. Amendment 39–9895. inspection required by paragraph (c) of this Option 2 AD, in accordance with the applicable Applicability: Model DC–9, DC–9–80, and service bulletin. (ii) Restore the link finish and reidentify C–9 (military) series airplanes; Model MD–88 (2) If the serial number of the upper lock the upper lock link by adding a paint stripe airplanes; and Model MD–90 airplanes; as link is from the affected lot specified in the adjacent to the part number, indicating that listed in McDonnell Douglas Alert Service applicable service bulletin (Condition 1), the part is not made from aluminum forging Bulletins DC9–32A298, and MD90–32A019, prior to further flight, replace the lock link material; in accordance with the applicable both Revision 02, dated October 29, 1997; with a new upper lock link, P/N 3914464– service bulletin. certificated in any category: 507; a reidentified upper lock link, P/N (iii) Perform a high frequency eddy current Note 1: This AD applies to each airplane 3914464; or a new upper lock link assembly, inspection (HFEC) and Type I fluorescent identified in the preceding applicability P/N 5965065–507; all made from aluminum penetrant inspection of the upper lock link provision, regardless of whether it has been forging material; in accordance with the assembly, P/N 3914464–(any configuration), modified, altered, or repaired in the area applicable service bulletin. Accomplishment to detect cracking of the assembly, in subject to the requirements of this AD. For of the replacement action constitutes accordance with McDonnell Douglas Alert airplanes that have been modified, altered, or terminating action for the requirements of Service Bulletin DC9–32A298, Revision 02 repaired so that the performance of the this AD. [for Model DC–9, DC–9–80, and C–9 requirements of this AD is affected, the Note 2: For the purposes of this AD, a (military) series airplanes; and Model MD–88 owner/operator must request approval for an detailed visual inspection is defined as: ‘‘An airplanes], or Alert Service Bulletin MD90– alternative method of compliance in intensive visual examination of a specific 32A019, Revision 02 (for Model MD–90 accordance with paragraph (d)(1) of this AD. structural area, system, installation, or airplanes), both dated October 29, 1997; as The request should include an assessment of assembly to detect damage, failure, or applicable. the effect of the modification, alteration, or irregularity. Available lighting is normally Note 3: Accomplishment of the inspections repair on the unsafe condition addressed by supplemented with a direct source of good of the upper lock link assembly of the NLG, this AD; and, if the unsafe condition has not lighting at an intensity deemed appropriate as specified by paragraph (c)(2)(iii) of this been eliminated, the request should include by the inspector. Inspection aids such as AD, prior to the effective date of this AD, in specific proposed actions to address it. mirrors, magnifying lenses, etc. may be used. accordance with McDonnell Douglas Alert Compliance: Required as indicated, unless Surface cleaning and elaborate access Service Bulletins DC9–32A298, dated accomplished previously. To prevent the procedures may be required.’’ December 19, 1996, or Revision 01, dated upper lock link assembly of the nose landing June 16, 1997; or MD90–32A019, dated Etch Inspection gear (NLG) from fracturing due to fatigue December 19, 1996, or Revision 01, dated cracking, and the NLG consequently failing (c) Perform a one-time etch inspection of June 16, 1997; as applicable; is considered to extend fully, which could result in injury the NLG upper lock link to determine acceptable for compliance with the to passengers and flight crew, and damage to whether the lock link is made from inspection requirements of paragraph the airplane, accomplish the following: aluminum forging material (Condition 2), or (c)(2)(iii) of this AD. from plate or bar material (Condition 3), in Removing and Retaining Upper Lock Link accordance with McDonnell Douglas Service Replacement (a) Within 2,500 landings on the NLG after Bulletin DC9–32–315 [for Model DC–9, DC– (A) If no crack is detected during the the effective date of this AD, or 5,000 9–80, and C–9 (military) series airplanes; and inspections required by paragraph (c)(2)(iii)

VerDate 12-OCT-99 08:57 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A14OC2.062 pfrm04 PsN: 14OCP1 55648 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules of this AD, within 2,500 landings on the NLG SECURITIES AND EXCHANGE I. Executive Summary since accomplishment of the inspection COMMISSION performed in accordance with paragraph We are proposing new rules and (c)(2)(iii) of this AD, replace the upper lock 17 CFR Parts 210, 228, 229, and 240 amendments to current rules to improve link with a new upper lock link, P/N disclosure relating to the functioning of 3914464–507; a reidentified upper lock link, [Release No. 34±41987; File No. S7±22±99] corporate audit committees and to P/N 3914464; or a new upper lock link enhance the reliability and credibility of assembly, P/N 5965065–507; all made from RIN 3235±AH83 financial statements of public aluminum forging material; in accordance companies. The proposals are based in Audit Committee Disclosure with McDonnell Douglas Service Bulletin large measure on recommendations DC9–32–315 [for Model DC–9, DC–9–80, and AGENCY: Securities and Exchange recently made by the Blue Ribbon C–9 (military) series airplanes; and Model Commission. Committee on Improving the MD–88 airplanes], or McDonnell Douglas Effectiveness of Corporate Audit ACTION: Proposed rule. Service Bulletin MD90–32–033 (for Model Committees (the ‘‘Blue Ribbon MD–90 airplanes), both dated March 11, SUMMARY: The Securities and Exchange Committee’’).7 1999; as applicable. Accomplishment of the Commission is proposing new rules and The Blue Ribbon Committee’s work replacement action constitutes terminating amendments to its current rules to was designed to promote quality action for the requirements of this AD. improve disclosure related to the financial reporting. Underpinning the (B) If any crack is detected during the functioning of corporate audit Blue Ribbon Committee’s work ‘‘is the inspections required by paragraph (c)(2)(iii) committees and to enhance the recognition that quality financial of this AD, prior to further flight, replace the reliability and credibility of financial accounting and reporting can only result discrepant NLG upper lock link with a new statements of public companies. from effective interrelationships among’’ upper lock link, P/N 3914464–507; a DATES: Public comments are due on or corporate boards, audit committees, reidentified upper lock link, P/N 3914464; or senior and financial management, the a new upper lock link assembly, P/N before November 29, 1999. internal auditor and the outside 5965065–507; all made from aluminum ADDRESSES: Please send three copies of auditors.8 Among these corporate forging material; in accordance with the your comment letter to Jonathan G. participants, the Blue Ribbon applicable service bulletin. Accomplishment Katz, Secretary, U.S. Securities and Committee’s focus was on improving of the replacement action constitutes Exchange Commission, 450 Fifth Street, terminating action for the requirements of NW., Washington, DC 20549–0609. the effectiveness of corporate audit this AD. Comment letters can be sent committees. As the Blue Ribbon electronically to the following e-mail Committee said, the audit committee is Alternative Methods of Compliance address: [email protected]. Your ‘‘first among equals’’ in the financial (d)(1) An alternative method of compliance comment letter should refer to File No. reporting process 9 because it is an or adjustment of the compliance time that S7–22–99; if e-mail is used, please extension of the full board, which is the provides an acceptable level of safety may be include the file number in the subject ultimate monitor of the process. used if approved by the Manager, Los line. Anyone can inspect and copy the Audit committees play a critical role Angeles Aircraft Certification Office (ACO), comment letters in the Commission’s in the financial reporting system by FAA, Transport Airplane Directorate. Public Reference Room, 450 Fifth Street, overseeing and monitoring Operators shall submit their requests through NW., Washington, DC 20549. management’s and the independent an appropriate FAA Principal Maintenance Electronically submitted comment auditors’ participation in the financial Inspector, who may add comments and then letters will be posted on the reporting process. An audit committee send it to the Manager, Los Angeles ACO. Commission’s internet web site (http:// can facilitate communications between (d)(2) Alternative methods of compliance, www.sec.gov). a company’s board of directors, its approved previously in accordance with AD FOR FURTHER INFORMATION CONTACT: management, and its internal and 97–02–10, amendment 39–9895, are Mark Borges, Attorney-Adviser, independent auditors. A properly approved as alternative methods of functioning audit committee helps to compliance with paragraph (d)(1) of this AD. Division of Corporation Finance (202– 942–2900), Meridith Mitchell, Senior enhance the reliability and credibility of Note 4: Information concerning the Counselor, Office of the General financial disclosures. existence of approved alternative methods of Counsel (202–942–0900), or W. Scott We have seen a number of significant compliance with this AD, if any, may be Bayless, Associate Chief Accountant, or changes in our markets, such as obtained from the Los Angeles ACO. Robert E. Burns, Chief Counsel, Office of technological developments and Special Flight Permits the Chief Accountant (202–942–4400). increasing pressure on companies to 10 (e) Special flight permits may be issued in SUPPLEMENTARY INFORMATION: The meet earnings expectations, that make accordance with sections 21.197 and 21.199 Commission is proposing amendments it ever more important for the financial of the Federal Aviation Regulations (14 CFR to Rule 10–01 of Regulation S–X,1 Rule reporting process to remain disciplined 21.197 and 21.199) to operate the airplane to 310 of Regulation S–B,2 and Item 7 of a location where the requirements of this AD Schedule 14A 3 under the Securities 7 See Report and Recommendations of the Blue can be accomplished. Exchange Act of 1934 (the ‘‘Exchange Ribbon Committee on Improving the Effectiveness 4 of Corporate Audit Committees (1999) (the ‘‘Blue Issued in Renton, Washington, on October Act’’). Additionally, the Commission is Ribbon Report’’). The Blue Ribbon Report is 7, 1999. proposing new Item 306 of Regulation available on the internet at http://www.nasd.com 5 6 D. L. Riggin, S–K and Item 306 of Regulation S–B. and http://www.nyse.com. 8 Letter from the Chairmen of the Blue Ribbon Acting Manager, Transport Airplane Committee to Messrs. Grasso and Zarb, Blue Ribbon 1 Directorate, Aircraft Certification Service. 17 CFR 210.10–01. Report, at 3. 2 17 CFR 228.310. 9 Blue Ribbon Report, supra note 7, at 7. [FR Doc. 99–26872 Filed 10–13–99; 8:45 am] 3 17 CFR 240.14a–101. 10 See, e.g., Jack Ciesielski, Editorial, More BILLING CODE 4910±13±U 4 15 U.S.C. 78a et seq. Second-Guessing: Markets Need Better Disclosure of 5 17 CFR 229.306. Earnings Management, Barrons, Aug. 24, 1998, at 6 17 CFR 228.306. 47.

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In addition, three years (see Section III.C below); management,’’ 18 the practice of increasing the level of scrutiny by • require that companies whose securities distorting the true financial performance independent auditors of companies’ are quoted on Nasdaq or listed on the of the company. Distortions may result quarterly financial statements should American Stock Exchange (‘‘AMEX’’) or New from inappropriate earnings lead to fewer year-end adjustments, and, York Stock Exchange (‘‘NYSE’’) disclose in management and may undermine the their proxy statements certain information integrity of financial reporting. As therefore, more reliable financial regarding any director on the audit information about companies committee who is not ‘‘independent,’’ as Chairman Levitt has stated, when throughout the reporting year. defined in the applicable listing standard; inappropriate earnings management Accordingly, today’s proposals small business issuers would not be required occurs, ‘‘[i]ntegrity may be losing out to would: to comply with this requirement (see Section illusion.’’ 19 III.D below); 15 • require that companies’ independent As a result of the changes in our • require that all other companies, auditors review the financial information markets and the increasing demands on including small business issuers, disclose in included in the companies’ Quarterly Reports companies, our continuing efforts to their proxy statements whether, if they have on Form 10–Q or 10–QSB prior to the maintain the integrity of financial an audit committee, the members are companies filing such forms with the ‘‘independent’’ within the definition of the reporting have gained a sense of Commission (see Section III.A below); urgency. Market changes have • National Association of Securities Dealer’s require that companies include reports of (‘‘NASD’’), AMEX’s or NYSE’s proposed highlighted the importance of strong their audit committees in their proxy amendments to their listing standards 16 and and effective audit committees. Effective statements; in the report, the audit committee which definition of independence was used oversight of the financial reporting must state whether the audit committee has: (see Section III.D below); and (i) Reviewed and discussed the audited process is fundamental to preserving the • create ‘‘safe harbors’’ for the information integrity of our markets. Audit financial statements with management; (ii) required to be disclosed under the proposals discussed with the independent auditors the committees can, and should, be the to protect companies and their directors from corporate participant best able to matters required to be discussed by certain liabilities under the federal securities 12 Statement on Auditing Standards No. 61, as laws (see Section III.E below). perform that oversight function. may be modified or supplemented; 13 and Audit committees oversee and (iii) received certain disclosures from the II. Background monitor management and the auditors regarding the auditors’ Accurate and reliable financial independent auditors in the financial independence as required by the reporting lies at the heart of our reporting process, and thereby play a Independence Standards Board Standard No. critical role in assuring the credibility of 1, as may be modified or supplemented,14 disclosure-based system for securities and discussed with the auditors the auditors’ regulation, and is critical to the integrity financial reporting. Audit committees independence (see Section III.B below); of the U.S. securities markets. Investors can facilitate communications between • require that the report of the audit need accurate and reliable financial a company’s board of directors, its committee also include a statement by the information to make informed management, and its internal and audit committee whether, based on such investment decisions. As an increasing independent auditors on significant review and discussions, anything has come number of investors enter our markets, accounting issues and policies. They to the attention of the members of the audit it is important for us to continue our can provide a forum separate from committee that caused the audit committee to efforts to promote the highest quality management in which auditors can believe that the audited financial statements candidly discuss any concerns. By included in the company’s Annual Report on financial reporting. Investor confidence Form 10–K or 10–KSB, as applicable, for the in the reliability of corporate financial effectively carrying out their many year then ended contain an untrue statement information is fundamental to functions and responsibilities, audit of material fact or omit to state a material fact maintaining the liquidity and vibrancy committees help to enhance the necessary to make the statements made, in of our markets. reliability and credibility of financial light of the circumstances under which they Over the past few years, we have seen reports. were made, not misleading (see Section III.B dramatic changes in the way investors Since the early 1940s,20 the below); receive information and the speed with Commission, along with the auditing which information can be and is 11 The Commission recently filed 30 enforcement disseminated to the market. Market 17 See, e.g., Carol J. Loomis et al., Lies, Damned actions against 68 individuals and companies for Lies, and Managed Earnings, Fortune, Aug. 2, 1999, fraud and related misconduct in the accounting, demand for information appears to be at at 74; Thor Valdmanis, Accounting Abracadabra, reporting, and disclosure of financial results by 15 an all time high as technology makes USA Today, Aug. 11, 1998, at 1B; Bernard Condon, different public companies. See SEC Press Release information available to more people Pick a Number, Any Number, Forbes, Mar. 23, 1998, 99–124 (Sept. 28, 1999). more quickly. These developments have at 124; Justin Fox & Rajiv Rao, Learn to Play the 12 See Codification of Statements on Auditing presented companies with an Earnings Game, Fortune, Mar. 31, 1997, at 76. Standards, AU § 380 (‘‘SAS 61’’). 18 See, e.g., In the Matter of Livent, Inc., Exchange 13 See Exposure Draft for Proposed Statement on increasingly complex set of challenges. Act Release No. 40937 (Jan. 13, 1999) [68 SEC Auditing Standards: Amendments to Statements on Docket 2881]; see also SEC v. W.R. Grace & Co., Auditing Standard No. 61, Communication with 15 ‘‘Small business issuer’’ is defined in Item Litigation Release No. 16008 (Dec. 22, 1998) [68 Audit Committees and Statements on Auditing 10(a)(1) of Regulation S–B, 17 CFR 228.10(a)(1), as SEC Docket 2580]. Standard No. 71, Interim Financial Information a company with less than $25 million in revenues 19 Arthur Levitt, Chairman, SEC, Address to the (Oct. 1, 1999) (‘‘ASB Exposure Draft’’). A copy of and market capitalization. NYU Center for Law and Business (Sept. 28, 1998). the ASB Exposure Draft can be obtained at 16 The listing standards of the NASD, AMEX and 20 In 1940, the Commission investigated the www.aicpa.org/members/div/auditstd/drafts.htm. NYSE are available on their websites at: http:// auditing practices of McKesson & Robbins, Inc., and 14 Independence Standards Board Standard No. 1, www.nasd.com, http://www.amex.com, and http:// the Commission’s ensuing report prompted action Independence Discussions with Audit Committees www.nyse.com, respectively. See infra note 27 on auditing procedures by the auditing community. (‘‘ISB Standard No. 1’’). A copy of ISB Standard No. regarding proposed changes to their listing In the Matter of McKesson & Robbins, Accounting 1 can be obtained at www.cpaindependence.org. standards. Continued

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and corporate communities, has had a recommendations as helping to ensure proposed rule changes to their listing continuing interest in promoting that: standards.27 The significant effective and independent audit [a] proper and well-functioning system amendments proposed by the NASD, committees. It was, in large measure, exists * * * [whereby] the three main NYSE, and AMEX are: with the Commission’s encouragement, groups responsible for financial reporting— • a more demanding definition of for instance, that the self-regulatory the full board including the audit committee, ‘‘independence’’ for audit committee financial management including the internal members; organizations first adopted audit auditors, and the outside auditors—form a • committee requirements in the 1970s. In a requirement that audit committees ‘‘three-legged stool’’ that supports include at least three members, comprised 1974 and 1978, the Commission responsible financial disclosure and active solely of ‘‘independent’’ directors who are adopted rules requiring certain and participatory oversight.26 financially literate,28 with limited exceptions disclosures about audit committees.21 In We recognize that how audit (under the NASD’s and AMEX’s proposed 1980, the Commission issued a staff committees function may vary from amendments to their listing standards, small report on corporate accountability that company to company, and companies business issuers must establish and maintain addresses some of the issues underlying need flexibility to determine all of the an audit committee composed of at least two today’s proposals.22 Former SEC specific duties and functions of their members; a majority of the members must be Commissioner James Treadway led the audit committees. In that regard, our independent directors); • a requirement that at least one member National Commission on Fraudulent proposals do not tell audit committees of the audit committee has accounting or Financial Reporting that issued what specific duties they must carry out related financial management expertise; and recommendations on corporate audit or how to function. In addition, we are • a requirement that companies adopt a committees in 1987.23 not regulating the substance of the written audit committee charter that outlines Most recently, the NYSE and NASD discussions between the audit certain specified responsibilities of the audit sponsored the Blue Ribbon Committee committee and management or the committee. in response to ‘‘an increasing sense of independent auditors, and, in fact, we Other recommendations are directed urgency surrounding the need for are not requiring disclosure of the at the AICPA. The Blue Ribbon responsible financial reporting given the substance of the discussions. Committee recommends that generally market’s increasing focus on corporate We recognize that many in the accepted auditing standards be earnings and a long and powerful bull corporate community are concerned that amended to require that a company’s market.’’ 24 Representatives from increased disclosure about audit independent auditors discuss with the corporations, the accounting profession, committees may expose audit audit committee the auditors’ judgments and the self-regulatory organizations, committee members to additional about the quality, and not just the among others, were members of the Blue liability, may make it more difficult for acceptability under generally accepted Ribbon Committee. In February 1999, companies to find good people willing accounting principles (‘‘GAAP’’), of the the Blue Ribbon Committee issued ten to serve on audit committees, and may company’s accounting principles as recommendations. Several of the impose added costs on companies. To applied in the company’s financial recommendations call for action by the address those concerns, some of our statements. Similarly, the Blue Ribbon Commission, and the proposals in this proposals differ from the Blue Ribbon Committee recommends that Statement release are based in large measure on Committee’s recommendations. The on Auditing Standards (‘‘SAS’’) No. 7129 those recommendations. differences are noted below in the be modified to require that the The proposals in this release affirm specific discussions of each proposal. In independent auditors discuss with the what have long been considered sound addition, proposed safe harbors that audit committee, or at least its practice and good policy within the address the liability concerns are chairman, and a representative of accounting and corporate discussed below in Section III.E. financial management, the matters communities.25 While recognizing that The Blue Ribbon Committee also the audit committee’s role is ‘‘clearly made recommendations that call for 27 See Proposed Rule Change, NASD, File No. SR– action by the NASD, the NYSE, or the NASD–99–48; Proposed Rule Change, NYSE, File one of oversight and monitoring,’’ the No. SR–NYSE–99–39. While the Blue Ribbon Blue Ribbon Committee explains its AICPA. In response, the NASD and Committee’s recommendations were directed to the NYSE filed with the Commission NYSE and the NASD, the AMEX has filed proposed Series Release (‘‘ASR’’) No. 19, Exchange Act rule changes to its listing standards in accordance Release No. 2707 (Dec. 5, 1940). 26 Blue Ribbon Report, supra note 7, at 7. As with the recommendations. See Proposed Rule 21 ASR No. 165 (Dec. 20, 1974) [40 FR 1010] noted, the Blue Ribbon Committee indicated that Change, AMEX, File No. SR–AMEX–99–38. The (requiring disclosure of the existence and the audit committee, management, and the AMEX’s proposed changes parallel the changes composition of the audit committee); Exchange Act independent auditors form a ‘‘three-legged stool’’ proposed by the NASD. It is possible that in the Release No. 15384 (Dec. 6, 1978) [43 FR 58522] that supports responsible financial disclosure and future other exchanges will propose to amend their (requiring disclosure of the functions performed active and participatory oversight. If we adopt the listing standards in accordance with the Blue and number of meetings held by the audit proposed requirement for an audit committee Ribbon Committee’s recommendations. At such committee). report, shareholders annually will receive reports time, the Commission will evaluate whether the 22 See Staff of the SEC, Division of Corporation from two of the groups—the audit committee and proposals in this release, if adopted, should be Finance, Report on Corporate Accountability, A Re- the independent auditors—that describe their roles modified with respect to new listing standards. examination of Rules Relating to Shareholder in the financial reporting process. Some have 28 Under proposed amendments to Section Communications, Shareholder Participation in the recommended that the SEC require a report signed 303.01(B)(2)(b) of the NYSE’s listing standards, the Corporate Electoral Process and Corporate by the chief executive officer or others that board of directors would determine what Governance Generally, 486–510 (Sept. 4, 1980). acknowledges management’s responsibilities for the ‘‘financially literate’’ means. Under proposed 23 See Report of the National Commission on financial statements and internal controls. See amendments to Rule 4310(c)(26)(B)(i) of the NASD’s Fraudulent Financial Reporting (Oct. 1987) (the Treadway Report, supra note 23, at 44. To date, the listing standards and Section 121B(b)(i) of the ‘‘Treadway Report’’). Commission has encouraged the use of management AMEX’s listing standards, the audit committee members must be able to read and understand 24 Blue Ribbon Report, supra note 7, at 17. reports, but not required them. The Commission staff is considering whether requiring management fundamental financial statements, including a 25 See Advisory Panel on Auditor Independence reports, so that investors will have a report from company’s balance sheet, income statement, and (‘‘Kirk Panel’’), Strengthening the Professionalism each of the three main groups responsible for cash flow statement. of the Independent Auditor, Report by the Oversight financial reporting, would be useful to investors 29 See Codification of Statements on Auditing Board of the SEC Practice Section, American and serve the public interest. If we decide to pursue Standards, AU § 722 (‘‘SAS 71’’). SAS 71 provides Institute of Certified Public Accountants (‘‘AICPA’’) mandatory management reports, a separate guidance to independent accountants on (Sept. 13, 1994) (the ‘‘Kirk Panel Report’’); see also proposing release will be published for public performing reviews of interim financial the Treadway Report, supra note 23. comment. information.

VerDate 12-OCT-99 15:46 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\14OCP1.XXX pfrm02 PsN: 14OCP1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules 55651 described in SAS 6130 prior to the Under current Commission rules, if a resolution of material accounting and company filing its Quarterly Report on company discloses in its filings with the reporting issues because the auditors Form 10–Q or 10–QSB (and preferably Commission that an independent will be involved earlier in the year. This prior to any public announcement of auditor has performed a review of is particularly important because financial results), including significant interim financial statements, it must file interim financial information generally adjustments and accounting estimates, a copy of the auditor’s report.33 We are may include more estimates than annual significant new accounting policies and not proposing to modify that financial statements.37 Early disagreements with management. requirement.34 Investors and other users involvement of the auditors should of financial statements rely on, and react III. The Proposals reduce the likelihood of restatements or quickly to, quarterly results. Quarterly other year-end adjustments. A. Pre-Filing Review of Quarterly financial reporting, however, has never We understand that the five largest Financial Statements been subject to the same discipline that U.S. accounting firms and others have Under current Commission rules, a is applied to annual financial reporting. each recently adopted policies to company’s interim financial statements Interim financial results are not required require that their clients have reviews of contained in its Quarterly Reports on to be audited or reviewed by an quarterly financial statements as a Form 10–Q or 10–QSB need not be independent auditor. It is condition to acceptance of the audit.38 reviewed or audited by independent commonplace, however, for financial Consequently, those firms already have auditors prior to the company filing analysts to set quarterly earnings implemented our proposed requirement such forms with the Commission.31 We expectations for companies that they for the companies that are audited by propose to amend Rule 10–01(d) of follow.35 The consequence of a those firms. Regulation S–X and Item 310(b) of company failing to meet or exceed these We request comment on the need for Regulation S–B to require that a expectations may, in some cases, result independent auditors to review interim company’s interim financial statements in a precipitous decline in its stock financial statements before they are filed be reviewed by an independent public price. As a result, companies may be with the Commission. Will interim accountant prior to the company filing experiencing increasing pressure to reviews result in more reliable and its Form 10–Q or 10–QSB with the ‘‘manage’’ interim financial results. credible interim financial statements? Commission. The amendments would Accordingly, inappropriate earnings Will the involvement of independent require that independent auditors management could be deterred by auditors at quarterly intervals result in follow ‘‘professional standards and imposing more discipline on the process fewer restatements of Forms 10–Q and procedures for conducting such reviews, of preparing interim financial 10–QSB as a result of a year-end audit? as established by generally accepted information before filing such What other benefits will be achieved? auditing standards, as may be modified information with the Commission.36 What will be the additional cost to or supplemented by the Commission.’’ The reviews required by our proposal registrants if the Commission requires Under current auditing standards, this should facilitate early identification and interim reviews? Will having the means that the auditors would be auditors perform quarterly reviews shift required to follow the procedures set financial statements in accordance with generally some of the work away from the year- accepted auditing standards. The objective of a end audit, and therefore, result in lower forth in SAS 71, or such other auditing review of interim financial information is to standards that may in time modify, provide the accountant with a basis for reporting year-end audit fees? What other ways supplement, or replace SAS 71. whether material modifications should be made for can we enhance the quality and Consistent with current rules, we are such information to conform with GAAP. The reliability of interim reporting? objective of an audit is to provide a reasonable basis We request comment on whether any not proposing to require that interim for expressing an opinion regarding the financial financial statements be audited.32 statements taken as a whole. A review may bring modifications to SAS 71 are needed. For to the accountant’s attention significant matters example, is there some formulation that 30 SAS 61 requires independent auditors to affecting the interim financial information, but it would provide flexibility yet ensure that communicate certain matters related to the conduct does not provide assurance that the accountant will interim reviews meet objective of an audit to those who have responsibility for become aware of all significant matters would be minimum standards? In light of the oversight of the financial reporting process, disclosed in an audit. See SAS 71, para. 9 specifically the audit committee. Among the (‘‘Objective of a Review of Interim Financial proposed changes, are any matters to be communicated to the audit committee Information’’). modifications to Item 302(a) of are: (1) methods used to account for significant 33 Rule 10–01(d) of Regulation S–X, 17 CFR Regulation S–K needed? For example, unusual transactions; (2) the effect of significant 210.10–01(d). should we amend Item 302(a) to require accounting policies in controversial or emerging 34 A conforming change to Item 310 of Regulation areas for which there is a lack of authoritative S–B, 17 CFR 228.310, is being proposed to require all public companies to provide guidance or consensus; (3) the process used by the filing of the report if the small business issuer supplemental financial information? 39 management in formulating particularly sensitive discloses in its filings with the Commission that an We also request your comments on accounting estimates and the basis for the auditor’s independent accountant has performed a review of the scope of the proposed requirement. conclusions regarding the reasonableness of those interim financial statements Should the requirement apply to all estimates; and (4) disagreements with management 35 The importance of analysts to the proper over the application of accounting principles, the functioning of our capital markets is well- public companies or only certain size basis for management’s accounting estimates, and recognized. See, e.g., Dirks v. SEC, 43 U.S. 646, 656 public companies? If only certain size the disclosures in the financial statements. (1983). We do not intend to cast doubt on the companies, what size and why? Should 31 Rule 10–01(d) of Regulation S–X and Item importance of that role or the appropriateness of the requirement apply not only to 310(b) of Regulation S–B, 17 CFR 210.10–01(d) and quarterly earnings estimates 17 CFR 228.310(b). Under Item 302(a) of Regulation 36 In 1989, the Commission issued a concept S–K, however, larger, more widely-when necessary, release on whether it should propose amendments 37 See Accounting Principles Board Opinion No. reconciles amounts previously reported in a Form to its rules to require more involvement of the 28. 10–Q or Form 10–QSB. See 27 CFR 229.302(a). independent accountant in the preparation of 38 One firm’s policy apparently applies only to 32 A review of interim financial information interim financial information. See Exchange Act clients filing selected quarterly financial data under under SAS 71 generally is limited to inquiries and Release No. 26949 (June 20, 1989) [54 FR 27023]. Item 302(a) of Regulation S–K, 17 CFR 229.302(a). analytical procedures concerning significant The Treadway Commission recommended that the 39 Subjecting additional companies to the accounting matters, and does not include search SEC require independent public accountants to requirements of Item 302(a) would result in auditor and verification procedures. The objective of a review quarterly financial data before a company review of their quarterly financial information, but review of interim financial information differs releases it to the public. Treadway Report, supra the review would not necessarily have to occur on significantly from the objective of an audit of note 23, at 53. a timely basis.

VerDate 12-OCT-99 15:46 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\14OCP1.XXX pfrm02 PsN: 14OCP1 55652 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules interim financial statements contained performed the review but eliminate the the language recommended by the Blue in quarterly reports, but those contained requirement to file the review report if Ribbon Committee. Moreover, the in registration statements under the such disclosure is made? language is consistent with the Blue Securities Act of 1933 (‘‘Securities Act’’) Ribbon Committee’s recommendation to B. The Audit Committee Report and Exchange Act as well? Should we the AICPA that it amend SAS 61.47 require that interim reviews be Proposed new Item 306 of Regulations The disclosure required by paragraph completed prior to quarterly ‘‘earnings S–K and S–B and Item 7(e)(3) of (a)(3) relates to written disclosures, a releases,’’ when a company releases to Schedule 14A would require that the letter from the independent auditors, the public financial results before the audit committee provide a report in the and discussions between the audit Form 10–Q or 10–QSB is filed? company’s proxy statement (or committee and the independent The Commission recently proposed a information statement) disclosing auditors required by ISB Standard No. 1. requirement providing for the filing of whether the audit committee has The Commission has long recognized quarterly financial results on Form 8–K reviewed and discussed the audited the importance of auditors being if released prior to the deadline for financial statements with management independent from their audit clients.48 filing the Quarterly Report on Form 10– and discussed certain matters with the Public confidence in the reliability of a 44 Q or 10–QSB.40 We also solicited independent auditors. Specifically, company’s financial statements depends comment on whether to shorten the under paragraphs (a)(1), (a)(2), and (a)(3) on investors perceiving the company’s filing deadline for Form 10–Q and 10– of proposed Item 306 (paragraph (a)(4) auditors as maintaining integrity and QSB. If we adopt those changes, how is discussed separately, below), audit objectivity, being without conflicting would that affect your overall view of committees would be required to state interests with audit clients, and these proposals? whether: exercising independent judgment. Should we require that a report on the (1) The audit committee has reviewed and Accordingly, we think that investors discussed the audited financial statements will benefit from the proposed independent auditors’ review be with management; filed? 41 If so, what liability should (2) The audit committee has discussed disclosures. attach to the report? 42 Should the report with the independent auditors the matters Paragraph (a)(4) of the proposed rule clearly set forth the scope of the review required to be discussed by SAS 61, as may would require the audit committee to procedures and degree of reliance that be modified or supplemented; 45 and state in the audit committee’s report to can be placed on the report? Would the (3) The audit committee has received the be included in the company’s proxy inclusion of a report benefit investors? written disclosures and the letter from the statement whether, based on the review independent auditors required by ISB We request your comments on and discussions described in paragraphs Standard No. 1, as may be modified or (a)(1) through (a)(3), anything came to whether we should require companies supplemented, and has discussed with the to disclose whether the quarterly auditors the auditors’ independence. the attention of the members of the audit committee that caused the audit financial statements have been reviewed If the company does not have an audit by independent auditors. The Blue committee to believe that the audited committee, the board committee tasked financial statements included in the Ribbon Committee recommends that with similar responsibilities, or the full SAS 71 be amended to require that audit company’s Annual Report on Form 10– board of directors, would be responsible K or 10–KSB, as applicable, for the year committees discuss with the auditors for the disclosure. the matters covered in SAS 61, then ended contain an untrue statement Proposed paragraphs (a)(1), (2), and of material fact or omit to state a including significant adjustments, (3) of Item 306 would require audit management judgments and accounting material fact necessary to make the committees to disclose whether the statements made, in light of the estimates, significant new accounting review and discussions took place and policies and disagreements with circumstances under which they were whether the letter and disclosures were made, not misleading. We believe that management, prior to the filing of the received. The proposals would not Form 10–Q.43 If SAS 71 is not amended this proposed amendment would require audit committees to perform the reinforce the audit committee’s as recommended by the Blue Ribbon review and have the discussions. The Committee, should the Commission awareness and acceptance of its proposed amendments would not responsibilities, and make visible for consider any other changes to its rules, require audit committees to take specific such as to require disclosure about investors the audit committee’s role in actions or adopt specific procedures. We promoting reliable and transparent particular discussions between the audit are not proposing to require disclosure committee and the auditors prior the financial reporting. of the details of deliberations between The proposed language of paragraph company filing its Form 10–Q or 10– or among the audit committee members, QSB? Should we continue to permit (a)(4) differs from the Blue Ribbon independent auditors, and Committee’s recommendation.49 companies to decide whether to disclose management.46 that the independent auditors have Concerns have been expressed that the The required disclosure will help language in the Blue Ribbon inform shareholders of the audit 40 Committee’s recommendation is a See Exchange Act Release No. 40632A (Nov. committee’s oversight with respect to 13, 1998) [63FR 67174] (the ‘‘Securities Act Reform Release’’), at Section XI.B, in which we solicited financial reporting, and underscore the 47 Blue Ribbon Report, supra note 7, at 33. comment on whether to shorter the filing deadline importance of the audit committee’s 48 The federal securities laws recognize the for quarterly reports to within 30 days after the first participation in the financial reporting importance of independent auditors. See, e.g., Items three fiscal quarters. process. The proposed language of 25 and 26 of Schedule A of the Securities Act and 41 SAS 71 provides guidelines for the preparation paragraphs (a)(1) and (a)(2) is similar to Sections 12(b)(1)(J) and 13(a)(2) of the Exchange of a report. Act, 15 U.S.C. §§ 78l(b)(1)(J) and 78m(a)(2). 42 See, e.g., Rule 436 of Regulation C of the 49 The Blue Ribbon Committee’s recommendation Securities Act, 17 CFR 230.436. Rule 436 provides 44 At least in some measure, these discussions are is for the audit committee to state that, in reliance that a report on unaudited interim financial already prescribed by the auditing literature. See on the review and discussions with management information shall not be construed to be a part of SAS 61. and the auditors, the audit committee ‘‘believes that a registration statement prepared or certified by an 45 See ASB Exposure Draft, supra note 13. the company’s financial statements are fairly accountant within the meaning of Sections 7 and 46 The proposals, of course, are not intended to presented in conformity with Generally Accepted 11 of the Securities Act. either diminish or enhance a company’s current Accounting Principles (GAAP) is all material 43 Blue Ribbon Report, supra note 7, at 36. disclosure obligations under the proxy rules. respects.’’ Blue Ribbon Report, supra note 19.

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GAAP ‘‘certification’’ that implicitly Under both state corporation law and proposals to amend the signature would require that the audit committee the federal securities laws, if the audit sections of Exchange Act and Securities know all of the nuances of GAAP. We committee’s discussions with Act reports.58 As the Commission have modified the Blue Ribbon management and the independent recently stated: ‘‘When the public sees Committee’s language to address that auditors become part of the financial a corporate official’s signature on a concern. In performing its oversight reporting process and are used to form document, it understands that the function, the audit committee likely will a belief about the financial statements, official is thereby stating that he be relying on advice and information the likelihood increases substantially believes that the statements in the that it receives in its discussions with that the audit committee’s decisions document are true.’’ 59 management and the independent about the financial statements and other Proposed paragraph (b) of Item 306 auditors. Accordingly, the proposed matters will be protected.54 Those would require that the new disclosure language acknowledges that the audit discussions should serve to strengthen appear over the printed names of each committee will be forming its belief the ‘‘information and reporting system’’ member of the audit committee.60 The based on the discussions with that should be in place.55 Adherence to requirement should help to emphasize management and the auditors, but also a sound process should result in less, the importance of the audit committee’s focuses members of the audit committee not more, exposure to liability.56 role to shareholders. We do not propose on their role in the financial reporting Finally, we believe that the proposed to require that audit committee process. The statement that ‘‘nothing requirement of paragraph (a)(4) is members provide individual signatures. came to the attention of the audit consistent with our view that by signing We request your comments on committee members,’’ when combined documents filed with the Commission, whether the proposed disclosure would with the need for a sound internal board members implicitly indicate that provide useful information to reporting system, discussed below, is they believe that the filing is accurate shareholders, and would reinforce the intended to encourage audit committees and complete. In this regard, we believe audit committee’s awareness and to ‘‘ask tough questions of management that the proposed rule is consistent with acceptance of its responsibilities. While and outside auditors’’ 50 to serve the current rules requiring board members the amendments are not designed to interests of investors. to sign the company’s Annual Report on elicit disclosure about the substance of This approach is consistent with state Form 10–K or 10–KS 57 and our recent the audit committee’s deliberations, corporation law that permits board would they nonetheless result in members to rely on the representations Int’l Inc. Derivative Litig., 698 A.2d 959, 967–70 meaningful disclosure? Should we of management and the opinions of (Del. Ch. 1996). instead require more complete 54 experts retained by the corporation.51 We note that under Section 11 of the Securities disclosure about the activities, processes Act, 15 U.S.C. § 77k, Section 10(b) of the Exchange The Blue Ribbon Committee noted the Act, 15 U.S.C. § 78j(b), and other provisions of the and/or discussions of the audit ‘‘impracticability of having the audit federal securities laws, the members of an audit committee, such as by requiring the committee do more than rely upon the committee may have additional responsibilities, committee to identify the significant information it receives, questions, and beyond the statement contemplated in accounting issues it considered and/or subparagraph (a)(4), with respect to material 52 assesses in making this disclosure.’’ misstatements and omissions. The Commission discussed with management and the Some have expressed concerns that previously has stated that if ‘‘an officer or director independent auditors and the requiring a report from the audit knows or should know that his or her company’s conclusions reached about those issues? committee will result in increased statements concerning particular issues are Should we require further disclosures inadequate or incomplete, he or she has an exposure to liability for the audit obligation to correct that failure.’’ Report of about the basis for the audit committee’s committee members. We do not believe Investigation Pursuant to Section 21(a) of the belief about the financial statements? that improved disclosure about the Exchange Act Concerning the Conduct of Certain Would the proposed rule’s purposes audit committee and increased Former Officers and Directors of W.R. Grace & Co., be served if we required less disclosure Exchange Act Release No. 39157 (Sept. 30, 1997) involvement by the audit committee [65 SEC Docket 1581]. about the audit committee than should result in increased exposure to 55 Caremark, 698A.2d at 970 (boards must assure proposed? Are all of the requirements liability. Under state corporation law, ‘‘themselves that information and reporting systems necessary? For example, should we the more informed the audit committee exist in the organization that are reasonably merely supplement Item 7(e) to require designed to provide to senior management and to the company to disclose more generally becomes through its discussions with the board itself timely, accurate information management and the auditors, the more sufficient to allow management and the board, each whether the audit committee has met likely that the ‘‘business judgment rule’’ within its scope, to reach informed judgments with management and the independent will apply and provide broad concerning both the corporation’s compliance with auditors to discuss significant protection.53 law and its business performance’’). accounting issues that developed in 56 See generally Report of the Public Oversight Board (‘‘POB’’), ‘‘Directors, Management, and preparing the financial statements? Is 50 See supra note 19. Auditors: Allies in Protecting Shareholder the disclosure about discussions with 51 Delaware General Corporation Law, for Interests,’’ in which the POB discusses, among management sufficient? For example, example, states that board members are ‘‘fully other things, a recommendation of the Kirk Panel the Blue Ribbon Committee protected in relying in good faith upon the records to require audit committees to discuss with of the corporation and upon such information, management and the auditors the quality of the opinions, reports or statements presented to the accounting principles and judgments used in amended the signature requirements for Form 10– corporation by any of the corporation’s officers or preparing financial statements. The POB notes its K in 1980 in order to ‘‘enhance director awareness employees . . . or by any other person as to matters belief that compliance with that recommendation of and participation in the preparation of the Form the member reasonably believes are within such would not increase the exposure of board members 10–K information.’’ See Securities Act Release No. other person’s professional or expert competence. to litigation because, among other things, the 6176 (Jan. 15, 1980) [45 FR 5972]. ** *’’ Del. Code Ann. tit. 8, 141(e). procedures will reduce the possibility that the 58 Securities Act Reform Release, supra note 40, 52 See Blue Ribbon Report, supra note 7, at 34; see financial statements are in fact misleading, thereby at Section XI.C. also id. at 7 (‘‘The [audit] committee’s job is clearly reducing the danger of finding directors at fault, 59 Brief for Securities and Exchange Commission, one of oversight and monitoring, and in carrying and the additional steps taken should be persuasive Amicus Curiae, at 7, Howard v. Everex Systems, Inc. out this job it acts in reliance on senior financial in convincing courts and juries that the financial (9th Cir. 1999) (No. 98–17324) (citing cases). management and the outside auditors.’’). statements were prepared with care. 60 This approach is consistent with the current 53 See 1 American Law Institute, Principles of 57 The signature requirement is described in treatment of the report from the company’s Corporate Governance: Analysis and General instruction D of Form 10–K and General compensation committee. See Instruction 9 to Item Recommendations 134–98 (1994); In re Caremark Instruction C of Form 10–KSB. The Commission 402(a)(3) of Regulation S–K, 17 CFR 229.402.

VerDate 12-OCT-99 15:46 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\14OCP1.XXX pfrm02 PsN: 14OCP1 55654 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules recommends that the audit committee in the annual report to shareholders 62 The new disclosure should help be required to state whether they because that document is not accessible shareholders assess the role and discussed with management certain of electronically on our web site, though responsibilities of the audit committee, the accounting matters that the audit under our rules it must be sent to every and help focus committee members on committee must discuss with the shareholder.63 their responsibilities as expressed in the auditors under SAS 61. Should we The Blue Ribbon Committee, charter. We believe that audit require that disclosure? however, recommends that the committees that have their We request comment on alternative disclosure be included in the company’s responsibilities set forth in written formulations of paragraph (a)(4) of Annual Report on Form 10–K and charters are more likely to play an proposed Item 306. We are considering annual report to shareholders. Should effective role in overseeing the an alternative formulation, for example, we instead, or additionally, include the company’s financial reports. that would require the audit committee information in one or both of those The Blue Ribbon Committee to state whether, based on the review documents? Should the disclosure be recommends that the audit committee and discussions with management and required only when the proxy or state whether it has satisfied its auditors, the audit committee is aware information statement relates to an responsibilities during the prior year in of any material modifications that election of directors? Should the compliance with its charter. We are disclosure only be required to be concerned that requiring a statement should be made to the audited financial provided one time during the year (e.g., about compliance with the charter may statements, and to state whether the in a proxy statement for an annual have the undesired effect of encouraging audit committee recommended to the meeting at which directors are to be skimpy, broadly-worded and vague Board that the audited financial elected, but not in proxy solicitation committee charters to minimize the statements be included in the material used in a subsequent election audit committee members’ exposure to company’s Annual Report on Form 10– contest during that same year)? What are liability. Accordingly, we are not K or 10–KSB (as applicable) filed with the implications, if any, if the proxy proposing to require any statements the Commission. Another possible statement that includes the audit about whether the audit committee has formulation has been suggested by Ernst 61 committee’s report is of a later date than complied with the charter. The & Young. Will those formulations the date the Form 10–K is filed? Is it proposed amendments would not achieve the intended objectives? feasible for audit committees’ reports to require companies to adopt audit Should we require more disclosure be included in proxy statements given committee charters, or dictate the about the auditors’ independence? For the timing of the distribution of proxies content of the charter if one is example, should we require disclosure and the completion of audit procedures adopted.65 about the substance of the discussions and other events that must occur before Should we require companies to between the audit committee and the the audit committee report may be disclose whether they have adopted an auditors regarding the auditors’ finalized? audit committee charter, but not require independence? There may be companies, such as that the charter be attached as an We request your comments on companies registered under section appendix to the proxy statement? In that whether the requirement of proposed 15(d) 64 of the Exchange Act, that are not case, we ask you to consider whether we paragraph (b) of Item 306 would required to prepare proxy statements. should require a plain English summary effectively encourage audit committee Should we require those companies to of the charter’s material terms, rather members to focus on the specific provide the disclosures in another than a copy of the entire charter. Would disclosure obligation. Would the filing, such as in the Form 10–K or 10– such a disclosure requirement result in purpose be served more effectively if we KSB? Would we need to provide a safe boilerplate disclosures? Is the charter required individual signatures? harbor for the disclosures by those itself useful information for investors? companies? If we do not make the Should we require the audit We request your comments on requirement applicable to Section 15(d) committee to disclose whether it has whether the proxy statement/ companies, should we keep the text of complied with its charter, as information statement is the appropriate the new requirement in Regulation S–K recommended by the Blue Ribbon place for the proposed new disclosure. or, for example, move it into Item 7 of Committee? We could require, for We propose to include the disclosure in Schedule 14A? example, that the audit committee state the proxy materials because we believe whether it has complied in all material that the disclosure may have a direct C. Audit Committee Charters respects with the charter. Would a bearing on shareholders’ voting We are proposing to require materiality threshold be appropriate, or decisions, and because the proxy or companies to disclose in their proxy some other threshold, such as information statement is actually statements or information statements compliance in all significant or delivered to shareholders and is whether their audit committee is substantive respects? We request your accessible on the SEC’s web site. In governed by a charter. In addition, if the comments on whether we should addition, we are proposing that the audit committee has a charter, a copy of instead require disclosure about any disclosure only be provided in a proxy the charter would have to be included material deviations by the audit or information statement relating to an as an appendix to the proxy or committee from their charter annual meeting of shareholders at information statement at least once which directors are to be elected (or every three years. The new requirement 65 We note, however, that, in response to the Blue special meeting or written consents in would appear in new paragraph (e)(3) Ribbon Committee recommendations, the NYSE, lieu of such meeting). We are not under Item 7 of Schedule 14A. NASD, and AMEX have proposed to require the proposing to include the new disclosure audit committee to: (1) Adopt a formal written charter that is approved by the full board of 62 See Rule 14a–3 of the Exchange Act, 17 CFR directors and that specifies the scope of the 61 See Exhibit 1 to Letter from Ernst & Young to 240.14a–3. committee’s responsibilities, and how it carries out Harvey J. Goldschmid, General Counsel, and Lynn 63 Nothing, of course, would preclude a company those responsibilities, including structure, E. Turner, Chief Accountant, SEC (Aug. 20, 1999). from including such disclosures in its annual report processes, and membership requirements; and (2) A copy of the letter has been placed in the public to shareholders or in any other report. review and reassess the adequacy of the audit file for this rulemaking. 64 15 U.S.C. § 78o(d). committee’s charter on an annual basis.

VerDate 12-OCT-99 08:57 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\A14OC2.037 pfrm04 PsN: 14OCP1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules 55655 obligations. We request your comments Further, as the Blue Ribbon Committee is not independent (as independence is on whether a requirement to disclose noted, ‘‘ * * * common sense dictates defined in sections 303.01(B) (2)(a) and compliance with an audit committee that a director without any financial, (3) of the NYSE’s listing standards, charter will have the undesired effect of family, or other material personal ties to Section 121(A) of AMEX’s listing encouraging skimpy, broadly-worded management is more likely to be able to standards or Section 4200(a)(15) of the and vague committee charters. If any evaluate objectively the propriety of NASD’s listing standards, as applicable such disclosure is required, would we management’s accounting, internal and as may be modified or need to provide a safe harbor from control and reporting practices.’’ 69 supplemented), the company must liability for that disclosure? If so, what In response to the Blue Ribbon disclose the nature of the relationship kind of safe harbor is needed? Committee’s recommendations, the that makes that individual not Is requiring that the charter be NYSE, AMEX, and NASD have independent and the reasons for the attached as an appendix every three proposed amendments to their board’s determination. Small business years the appropriate time frame? respective listing standards regarding, issuers are not required to comply with Should we require that it be attached as among other things, the this requirement.70 an appendix more frequently or less ‘‘independence’’ of all audit committee We request comment on whether the frequently? 66 Should we require that members. The NYSE’s, AMEX’s, and disclosures will help inform investors the charter also be attached as an NASD’s proposed rule changes would about the independence of the audit appendix when there has been a provide a narrowly tailored exception to committee. If the proposed amendments material or substantive—or any—change a requirement that all members of the to the NYSE’s, AMEX’s, and NASD’s in the charter? audit committee be independent. listing standards are not adopted, are Should we require reporting Specifically, the NYSE, AMEX, and there disclosures that we could require companies whose securities are not NASD have proposed that, under that would achieve the same purposes? listed on the NYSE or AMEX or quoted exceptional and limited circumstances, Is the proposed requirement to disclose on Nasdaq to disclose whether they one director who is not independent the nature of the relationship of the have a charter? If these companies do may be appointed to the audit director who is not ‘‘independent’’ and not have a charter, should we require committee if the Board determines that the basis for the Board’s determination disclosure of the operative document of membership on the committee by the specific enough, or will the requirement the audit committee (articles of individual is required by the best result in boilerplate disclosure? incorporation, by-laws, etc.) or the interests of the corporation and its Companies whose securities are not material terms of the document? If so, shareholders, and the Board discloses, listed on the NYSE or AMEX or quoted should those documents be filed once in the next annual proxy statement on Nasdaq would be able to choose every three years or some other interval? subsequent to such determination, the which definition of ‘‘independence’’ to If a company does not have a charter or nature of the relationship and the apply to the audit committee members similar document, should we require reasons for that determination. in making the disclosure. Whichever disclosure of that fact? Because of the importance of having definition is chosen must be applied Finally, we seek comments on an audit committee that is comprised of consistently to all members of the audit whether the disclosure is properly independent directors, we believe that committee. Should we require small included in the proxy or information shareholders should know when a business issuers to comply with the statement, as proposed, or whether the director who is not independent is a requirement to disclose the nature of the disclosure should be included member of an audit committee. We are relationship that makes the individual alternatively, or additionally, in another proposing to require that companies not independent? Will permitting document, such as the annual report to whose securities are not listed on the companies to choose which definition shareholders, or the Annual Report on NYSE or AMEX or quoted on Nasdaq, to apply confuse investors in comparing Form 10–K or 10–KSB. including small business issuers, companies? Should we instead mandate disclose in their proxy statements D. Disclosure About ‘‘Independence’’ of which definition should be used, and if whether, if they have an audit so, which definition? Audit Committee Members committee, the members are As early as 1940, the Commission ‘‘independent’’ within the definition of E. Proposed Safe Harbors encouraged the use of audit committees the NYSE’s, AMEX’s, or NASD’s In making these proposals, we do not composed of independent directors.67 proposed amendments to their listing intend to subject companies or their As the Commission staff stated in a standards. We are also proposing rules directors to increased exposure to report to Congress in 1978, ‘‘[i]f the to require that for companies whose liability under the federal securities [audit] committee has members with securities are listed on the NYSE or laws, or to create new standards for vested interests related to those of AMEX or quoted on Nasdaq, if the directors to fulfill their duties under management, the audit committee company’s board determines in state corporation law. We do not believe probably cannot function effectively. In accordance with the proposed that the disclosure requirements will some instances this may be worse than amendments to section 303.02(D) of the result in increased exposure to liability. having no audit committee at all by NYSE’s listing standards, Section To the extent the proposed disclosure creating the appearance of an effective 121(B)(b)(ii) of the AMEX’s listing requirements would result in more body while lacking the substance.’’ 68 standards, or sections 4310(c)(26)(B)(ii) clearly defined procedures for, and or 4460(d)(2)(B) of the NASD’s listing disclosure of, the operation of the audit 66 For example, only certain documents on file standards, as applicable and as may be committee, liability claims alleging with the Commission may be incorporated by modified or supplemented, to appoint reference for more than five years. See General breach of fiduciary duties under state Instruction (a) to Regulation S–K, 17 CFR 229.10(a). one director to the audit committee who law actually may be reduced. 67 See supra note 20. 68 Staff of the SEC, 95th Cong., 2d Sess., Report Columbia of the Senate Committee on 70 The NASD and AMEX excluded small business to Congress on the Accounting Profession and the Governmental Affairs, at 97 (Comm. Print July issuers from certain of the proposed amendments to Commission’s Oversight Role, Subcommittee on 1978). their listing standards, including the requirement Governmental Efficiency and the District of 69 Blue Ribbon Report, supra note 7, at 22. that all audit committee members be independent.

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We recognize that, notwithstanding company and a small start-up company association that require companies to the audit committee’s critical oversight reporting on small business forms.74 We have audit committees, the Commission role of the financial reporting process request your comment on whether the has not included those funds in the and financial statements, management scope of one or more of the proposed proposals at this time.77 We also request ultimately has responsibility for the new requirements should be narrowed your comments on whether interim company’s financial statements. As to exclude companies under a certain financial statements of closed-end funds discussed above in Section III.B size. If so, should we exclude should be reviewed by independent regarding the audit committee’s report, companies considered under the auditors before being sent to the proposed disclosure requirements Commission’s rules to be ‘‘small shareholders.78 differ from the Blue Ribbon Committee’s business issuers’’ (companies that have The proposals would not apply to recommendations in response to revenues and public float of less than ‘‘foreign private issuers,’’ which are liability concerns. In addition, we $25 million)? The Commission has exempt from the proxy rules, and which propose to follow the Blue Ribbon proposed to revise the definition of are not required to file Quarterly Committee’s recommendation to adopt small business issuer to include Reports on Form 10–Q or 10–QSB.79 We liability ‘‘safe harbors’’ to cover the new companies with less than $50 million in request your comments on whether any disclosures.71 The ‘‘safe harbors’’ would annual revenues, and to delete the one or more of our proposed track the treatment of compensation public float portion of the test.75 If that amendments should apply to ‘‘foreign committee reports under Item 402 of proposal were adopted, would that private issuers.’’ Regulation S–K,72 and would appear in affect your view on the applicability of proposed paragraph (c) in new Item 306 today’s proposals to small companies? V. Paperwork Reduction Act of Regulations S–K and S–B and in Should there be a higher cutoff, such as Certain provisions of the proposed proposed paragraph (e)(v) of Schedule $100 million or $200 million public amendments to Regulations 14A, 14C, 14A. Under the ‘‘safe harbors,’’ the float and/or revenues? If there should be S–X, S–B, and S–K contain ‘‘collection additional disclosure would not be a different standard, should it be based of information’’ requirements within the considered ‘‘soliciting material,’’ ‘‘filed’’ on additional or alternative criteria, meaning of the Paperwork Reduction with the Commission, subject to such as total assets or reporting history? Act of 1995 (44 U.S.C. 3501 et seq.), and Regulation 14A or 14C or to the The Blue Ribbon Committee’s the Commission has submitted liabilities of Section 18 of the Exchange recommendations directed to the proposed revisions to those rules to the Act, except to the extent that the Commission are silent on whether to Office of Management and Budget company specifically requests that it be apply the requirements to all (‘‘OMB’’) for review in accordance with treated as soliciting material, or companies, regardless of size. In 44 U.S.C. 3507(d) and 5 CFR 1320.11. specifically incorporates it by reference preparing your comments, you should The titles for the collections of into a document filed under the consider whether the proportionate cost information are: (1) ‘‘Proxy Securities Act or the Exchange Act.73 of complying with some of the Statements—Regulation 14A We request your comments on proposals may be greater for smaller (Commission Rules 14a–1 through 14a– whether we should adopt these companies than for larger ones. You 15) and Schedule 14A;’’ (2) Information proposed liability ‘‘safe harbors’’ to should also consider, however, that one Statements—Regulation 14C cover the information disclosed under recent study found that the incidence of (Commission Rules 14c–1 through 14c– the proposed amendments. Is a safe financial fraud at smaller companies 7 and Schedule 14C); (3) Regulation S– harbor necessary? may be greater than at larger X; (4) Regulation S–B; and (5) Should the safe harbors apply to all of companies.76 Regulation S–K.80 An agency may not the required disclosures or only certain We also request your comments on conduct or sponsor, and a person is not of the disclosures? Is a safe harbor whether any or all of the proposals required to respond to, a collection of needed for factual statements? For should apply to investment companies information unless it displays a example, is a safe harbor needed for the registered under the Investment currently valid control number. disclosure regarding whether the audit Company Act of 1940. The proposals for Schedule 14A (OMB Control No. committee has discussed with the requiring audit committee disclosure as 3235–0059) 81 and Schedule 14C (OMB auditors the auditors’ independence and currently formulated would only apply received the written disclosures and to closed-end funds. As we discussed 77 See proposed paragraph (e)(3)(vi) of Item 7, letter from the auditors when these above, our proposals are intended to Schedule 14A. The proposed rules also exclude disclosures are factual in nature? Is the work in conjunction with the listing unit investment trusts (‘‘UITs’’) from the disclosure scope of the safe harbor appropriate? requirements because they do not have boards of standards of the NYSE, AMEX, and the directors and, therefore, do not have audit IV. Request for Comments NASD that would impose requirements committees. on companies for their audit 78 Because closed-end and open-end funds and We request your comments on the committees. Because mutual funds are UITs generally are not required to file Form 10–Qs, proposals, other matters that may have not subject to the listing standards of an these investment companies would not be subject an impact on the proposals, and your to the proposal requiring the review of quarterly exchange or a national securities financial statements filed on Form 10–Q. Business suggestions for additional changes. In development companies, however, are required to addition to the specific questions raised 74 The proposed disclosure requirements about file Form 10–Qs and would be subject to the in Section III above, we request your the independence of audit committees does, proposal. comment on the matters discussed however, distinguish between companies whose 79 A ‘‘foreign private issuer’’ must file reports on below. securities are listed on the NYSE or AMEX or Form 6–K promptly after the information required First, the proposals generally do not quoted on Nasdaq and all other companies. by the Form is made public in accordance with the 75 See Securities Act Reform Release, supra note laws of its home country or a foreign securities distinguish between a Fortune 500 40, at Section V.E.2. exchange. See 17 CFR 240.13a–16(b). The proposed 76 See Beasley, Carcello, and Hermanson, amendments would, however, apply to a ‘‘foreign 71 Blue Ribbon Report, supra note 7, at 35. Fraudulent Financial Reporting: 1987–1997, An private issuer’’ that elected to file reports under the 72 See Instruction 9 to Item 402(a)(3) of Regulation Analysis of U.S. Public Companies (Mar. 1999) disclosure rules for U.S. companies. S–K, 17 CFR 229.402(a)(3). (study commissioned by the Committee of 80 The Commission is not proposing any changes 73 Of course, the antifraud provisions of these Sponsoring Organizations of the Treadway to Forms 10–Q or 10–QSB. Acts would continue to apply. Commission) (the ‘‘COSO Report’’). 81 17 CFR 240.14a–101.

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Control No. 3235–0057) 82 were adopted had certain discussions with and Exchange Commission, Records pursuant to Sections 14(a) and 14(c) of management and the company’s Management, Office of Filings and the Exchange Act. Schedule 14A auditors. The substance of the Information Services. OMB is required prescribes information that a company discussions would not be required to be to make a decision concerning the must include in its proxy statement to disclosed. The proposed amendments collection of information between 30 ensure that shareholders are provided would also require companies that have and 60 days after publication of this material information relating to voting adopted a written charter to include a release. Consequently, a comment to decisions. Schedule 14C prescribes copy of the charter as an appendix to OMB is assured of having its full effect information that a company must Schedules 14A and 14C at least once if OMB receives it within 30 days of include in its information statement every three years. The amendments do publication. under those circumstances. not require a company to prepare a The Commission currently estimates charter. We estimate that, on average, VI. Cost-Benefit Analysis that Schedule 14A results in a total the additional disclosure would require The proposed amendments should annual compliance burden of 173,906 approximately one additional burden improve disclosure related to the hours. The burden was calculated by hour per filing, whether on Schedule functioning of the corporate audit multiplying the estimated number of 14A or 14C. Accordingly, the proposed committees. We believe that the entities filing Schedule 14A annually amendments, if adopted, would result proposed amendments will bolster (approximately 9,892) by the estimated in an aggregate of 9,892 additional investor confidence in the securities average number of hours each entity burden hours for Schedule 14A markets by informing investors about spends completing the form annually, and an aggregate 253 the important role that audit committees (approximately 13 hours).83 The additional burden hours for Schedule play in the financial reporting process Commission currently estimates that 14C annually. We request your and enhance the reliability and Schedule 14C results in a total annual comments on the accuracy of our credibility of financial statements of compliance burden of 4,448 hours. The estimates. public companies. As the Blue Ribbon burden was calculated by multiplying Compliance with the disclosure Committee summarized: the estimated number of entities filing requirements is mandatory. There Improving oversight of the financial Schedule 14C annually (approximately would be no mandatory retention period reporting process necessarily involves the 253) by the estimated average number of for the information disclosed, and imposition of certain burdens and costs on hours each entity spends completing the responses to the disclosure public companies. Despite these costs, the form (approximately 13 hours). The requirements will not be kept Committee believes that a more transparent Commission based the number of confidential. and reliable financial reporting process entities that would complete and file Pursuant to 44 U.S.C. 3506(c)(2)(B), ultimately results in a more efficient each of the forms on the actual number the Commission solicits comments to: allocation of and lower cost of capital. To the (i) Evaluate whether the proposed extent that instances of outright fraud, as of filers during the 1998 fiscal year. The well as other practices that result in lower staff estimated the average number of collection of information is necessary quality financial reporting, are reduced with hours each entity spends completing for the proper performance of the improved oversight, the benefits clearly each of the forms by contacting a functions of the agency, including justify these expenditures of resources.84 number of law firms and other persons whether the information will have Reviews of Quarterly Financial regularly involved in completing the practical utility; (ii) evaluate the Statements forms. Regulations S–X, S–K, and S–B accuracy of the Commission’s estimate do not impose reporting burdens of the burden of the proposed collection We propose to require interim reviews directly on public companies. For of information; (iii) determine whether of quarterly financial statements filed on administrative convenience, each of there are ways to enhance the quality, Form 10–Q or 10–QSB.85 Under the these regulations is currently assigned utility, and clarity of the information to proposed amendments, the company’s one burden hour. Although these be collected; and (iv) evaluate whether quarterly financial statements would regulations set forth disclosure there are ways to minimize the burden have to be reviewed by independent requirements, the burden associated of the collection of information on those auditors using ‘‘professional standards with the requirements is reflected in the who are to respond, including through and procedures for conducting such forms and schedules that refer to those the use of automated collection reviews, as established by generally regulations. techniques or other forms of information accepted auditing standards, as may be We believe that the proposed technology. modified or supplemented by the amendments will bolster investor Persons submitting comments on the Commission.’’ Currently, that means confidence in the securities markets by collection of information requirements that the review would follow the informing investors about the important should direct the comments to the procedures established by SAS 71. The role that audit committees play in the Office of Management and Budget, proposed amendments apply only to the financial reporting process and enhance Attention: Desk Officer for the financial information contained in the the reliability and credibility of Securities and Exchange Commission, company’s quarterly report on Form 10– financial statements of public Office of Information and Regulatory Q or 10–QSB. Accordingly, it would not companies. The proposed amendments Affairs, Washington, DC 20503, and impose any requirements on quarterly would require companies to include should send a copy to Jonathan G. Katz, financial information that may be additional disclosure in Schedules 14A Secretary, Securities and Exchange released to the public before the filing and 14C, including certain information Commission, 450 Fifth Street, NW., of the Form 10–Q or 10–QSB, such as about the company’s audit committee. Washington, DC 20549–0609, with the so-called quarterly ‘‘earnings The audit committee would be required reference to File No. S7–22–99. release.’’ to disclose whether the audit committee Requests for materials submitted to We believe that companies are under OMB by the Commission with regard to increasing pressure to meet financial 82 17 CFR 240.14c–101. these collections of information should 83 Thirteen hours is 25% of the total company be in writing, refer to File No. S7–22– 84 Blue Ribbon Report, supra note 7, at 19. reporting time (75% is shown as cost). 99, and be submitted to the Securities 85 See Section III.A above.

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We believe, counterbalance that pressure and that they are not aware of (and do not however, that they would include impose increased discipline on the expect) clients switching auditing firms increased market efficiency due to process of preparing interim financial because of their new policies. improved information and investor information. Auditor involvement in the The firms providing information to confidence in the reliability of financial reporting process earlier in the the SECPS identified several benefits companies’ financial disclosures. We year should facilitate timely that they believe would result from the request your comments and empirical identification and resolution of reviews, including better interim data on whether the improved significant and sensitive issues and reporting, earlier identification and disclosure will have that result. result in fewer year-end adjustments, resolution of accounting issues, We believe the costs associated with which should reduce the cost of annual improvement in the quality of this proposal would derive principally audits. The increased focus and accounting estimates, and improved from the corresponding disclosure discipline imposed on the preparation communications between clients and obligations; this is because we are not of interim financial statements should auditors. Medium and smaller sized placing any substantive requirements on enhance the efficiency of the capital accounting firms, however, indicated to audit committees or their members. markets by improving the reliability of the SECPS that SAS 71 reviews of small Based on the staff’s experience with quarterly financial statements. companies’ interim financial statements proxy and information statements, and We do not currently have sufficient may cause delays in filing Forms 10–Q analogous cost estimates, we believe information to quantify these or other or 10–QSB, be relatively more costly for that the additional disclosure potential benefits. We, therefore, request small companies, be hampered by contemplated by the proposed your comments, including supporting inadequate financial reporting amendments would, on average, require data, on the degree to which the processes, and would result in small approximately three-fourths of a page in proposal is likely to improve the companies shifting work from the a company’s proxy or information reliability of interim financial reporting. company to the CPA firm. statement. A financial printing company The five largest U.S. accounting firms, The firms generally indicated, informed the staff that adding up to the so-called ‘‘Big 5,’’ and some other however, that the costs of reviews of three-fourths of a page in the proxy firms, currently have in place policies quarterly financial statements vary statement would not likely increase the that require that their clients have depending on several factors, including: printing cost to the company. That is interim reviews as a condition to (i) The sophistication of the client’s because up to an extra three-fourths of acceptance of an audit. The firms’ accounting and reporting system; (ii) the a page can normally be incorporated adoption of these policies, and the quality of the client’s accounting without increasing the page length by acceptance of them by their clients, personnel; (iii) the identification of reformatting the document. The printer indicates that the value of these reviews ‘‘fraud risk factors;’’ (iv) the client’s reported that adding more than three- justifies the associated costs. industry; (v) the number and location of fourths of a page could increase costs by Based on the staff’s review of the the client’s subsidiaries; (vi) the about $1,500 for an average sized Compustat database containing auditor seasonality of the client’s business; (vii) company. Accordingly, based on our information for about 8,600 companies the existence of contentious accounting preliminary estimates, there should be for calendar year 1997, we estimate that issues; and (viii) whether there will be little, if any, additional printing costs approximately 75% of public companies a staffing ‘‘crunch’’ at the firm to handle from these additional disclosures. We (about 6,450) are clients of the Big 5 the reviews each quarter. seek your comments on the accuracy of accounting firms, and that Approximately half of the firms these cost estimates, and we ask you to approximately 25% (or 2,150) are consulted believed that the cost of the submit cost data to support your audited by other accounting firms. We reviews would be offset, in part, by a analysis. request your comments on the accuracy reduction in the annual audit fee, We believe, however, that disclosure of those estimates, including supporting although the amount of the reduction in required by the proposed amendments data. Some of those 2,150 companies are audit fees may vary based on, among could result in other costs. First, some audited by firms that have quarterly other things, the performance of companies may be required to set up review policies similar to those of the substantive audit procedures during the procedures to monitor the activities of Big 5 firms. review, whether the review results in the audit committee in order to collect Based on the data provided to staff by the client having better internal and record the information required by the SEC Practice Section of the AICPA accounting and reporting controls, and the proposed amendments. In our view, (‘‘SECPS’’), we estimate the incremental how the results of the review impact such monitoring costs are most likely to cost to conduct a SAS 71 review will be planning for the annual audit. Because result from the proposed disclosure of nominal for those companies currently the cost of reviews would be only the audit committee’s discussions with audited by the Big 5 firms and for the partially offset by a reduction of year- management and the independent remaining companies would range from end audit fees, overall audit and review auditors and receipt of disclosures and approximately $1,000 to about $4,000 fees paid by the company to the auditors a letter from the independent auditors. per quarter. The total cost of upgrading would increase. Second, some companies may seek for all companies audited by non-Big 5 the help of outside experts, particularly accounting firms would be Disclosure Related to the Functioning of outside legal counsel, in formulating approximately $16 million per year. We the Audit Committee responses to the new requirements. In request your comments and supporting The principal benefits of the some circumstances, for instance, the empirical data on the accuracy of these proposals are improved disclosure audit committee may seek the advice of estimates and conclusions. relating to the functioning of corporate legal counsel before making the required

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Your current rules are being proposed to magnitude of these costs and any other comments should specifically address improve disclosure relating to the costs that we may not have mentioned. the bases for liability concerns, functioning of corporate audit For purposes of the Paperwork including the underlying case law if committees and to enhance the Reduction Act, we estimate that our applicable, and your estimates of any reliability and credibility of financial proposed disclosures would, on average, additional costs that may result from statements of public companies. The impose one additional burden hour on increased liability. proposals are based in large measure on each filer of Schedule 14A or 14C, or an Are there any other costs or benefits recommendations recently made by the aggregate annual total of 15,445 that we have not identified? Please Blue Ribbon Committee on Improving additional burden hours. That estimate identify them and provide data. the Effectiveness of Corporate Audit is based on current burden hour VII. Consideration of Impact on the Committees. The required disclosure estimates and the staff’s experience with Economy, Burden on Competition, and will help inform shareholders of the such filings. We further estimate that Promotion of Efficiency, Competition audit committee’s role in overseeing the approximately 75% of the extra burden and Capital Formation preparation of the financial statements hours, or 11,584 hours, will be and underscore the importance of the expended by companies’ internal staff, For purposes of the Small Business Regulatory Enforcement Fairness Act of audit committee’s participation in the and the remaining 25%, or 3,861 hours, financial reporting process. by outside professional help.86 These 1996,89 the Commission is requesting percentage estimates, which are based information regarding the potential B. Objectives on current burden hour estimates and impact of the proposals on the economy The reviews required by our the staff’s experience with such filings, on an annual basis. Commentators proposals should facilitate early reflect the time companies would spend should provide empirical data to identification and resolution of material preparing the additional disclosures in support their views. accounting and reporting issues because Section 23(a) of the Exchange Act the proxy statement or information the auditors will be involved earlier in statement.87 Assuming that the internal requires the Commission, when the year. More reliable interim financial staff costs the company an average of adopting rules under the Exchange Act, information will be available to about $85 per hour, the aggregate annual to consider the anti-competitive effects investors, and early involvement of the cost for internal staff assistance would of any rule it adopts. We do not believe auditor should reduce the number of amount to approximately $980,000. If that the proposals would have any anti- restatements or other year-end we assume that the outside professional competitive effects since the proposals adjustments. We believe that the assistance would have an average cost of should improve the transparency, proposed disclosures would reinforce approximately $125 per hour, the reliability, and credibility of companies’ the audit committee’s awareness and aggregate annual paperwork cost would financial statements. We request acceptance of its responsibilities, and be approximately $500,000. The total comment on any anti-competitive make visible for shareholders the audit annual costs would accordingly be effects of the proposals. In addition, committee’s role in promoting reliable about $1,500,000. We request your Section 3(f) of the Exchange Act and transparent financial reporting. comments on the reasonableness of requires the Commission, when these estimates and their underlying engaging in rulemaking that requires it C. Legal Basis assumptions. to consider or determine whether an The Commission is proposing the These proposals are not intended to action is necessary or appropriate in the amendments and new rules pursuant to increase companies’ or directors’ public interest, to consider whether the its authority under Sections 2, 13, 14, exposure to liability under federal or action will promote efficiency, and 23 of the Securities Exchange Act. state law. Indeed, we believe that the competition, and capital formation. We proposal will likely result in better and believe that the proposals would bolster D. Small Entities Subject to the Rule more reliable financial reporting. As an investor confidence in the securities The proposed amendments would extra safeguard, the proposed markets by improving the transparency affect small businesses that are required amendments include liability ‘‘safe of the role of corporate audit committees to file proxy materials on Schedules harbors’’ similar to that which applies to and enhancing the reliability and 14A or 14C and Quarterly Reports on compensation committee reports under credibility of financial statements of Form 10–Q or 10–QSB, under the current rules.88 We nonetheless request public companies. Accordingly, the Exchange Act. Exchange Act Rule 0–10 your comments on whether the proposals should promote capital defines ‘‘small business’’ as a company formation and market efficiency. We whose total assets on the last day of its 86 These assumptions are based on the staff’s request comment on these matters. most recent fiscal year were $5 million experience with these filings. We believe that a or less. We estimate that there are company’s internal staff will typically carry most of VIII. Initial Regulatory Flexibility approximately 830 reporting companies the burden of preparing the proposed additional Analysis disclosures, and will consult with outside that are not investment companies with professionals only on specific issues that the This Initial Regulatory Flexibility assets of $5 million or less. The company may periodically encounter in preparing Analysis has been prepared in Commission bases its estimate on the proxy statement or information statement. accordance with 5 U.S.C. § 603. It information from the Insight database 87 The estimate does not include the amount of relates to proposed amendments to rule from Compustat, a division of Standard time the audit committee would spend conducting the discussions with the independent accountants 10–01 of Regulation S–X, Item 310 of and Poors. and management to which new Item 306 of Regulation S–B, and Item 7 of Schedule Most reporting companies file either a Regulation S–K and the amendments to Item 7 of 14A, under the Exchange Act, and proxy statement on Schedule 14A or an Schedule 14A refer. The amendments, if adopted, proposed new Item 306 of Regulations information statement on Schedule 14C, would not require that the audit committee hold the discussions, but merely that it disclose whether the S–B and S–K. and all reporting companies must file discussions have taken place. quarterly reports on Form 10–Q or 10– 88 See supra note 72. 89 Pub. L. No. 104–121, tit. II, 110 Stat. 857 (1996). QSB. Some companies are not subject to

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Because the audit committee in order to collect AMEX or quoted on Nasdaq to include these requirements turn in part on the and record the information required by disclosures regarding the independence number of shareholders and amount of the proposed amendments. Smaller of their audit committee members. We assets—which are subject to change— companies may also incur additional believe that the proposed amendments we have no reliable way to determine costs in seeking the help of outside that require disclosure regarding the exactly how many reporting small experts, particularly outside legal independence of the members of their businesses may be affected by the rule counsel, in formulating responses to the audit committee impose only minimal proposals. new requirements. additional costs but would provide useful information to investors. E. Reporting, Recordkeeping, and Other F. Duplicative, Overlapping or The proposed rule amendments and Compliance Requirements Conflicting Federal Rules new rules are designed to improve Under the proposed rules, public The Commission believes that there disclosure relating to the functioning of companies, both large and small, would are no rules that duplicate, overlap, or corporate audit committees and to be required to provide certain additional conflict with the proposed rules. enhance the reliability and credibility of disclosure in their proxy statements financial statements for all public regarding the company’s audit G. Significant Alternatives companies, and currently we do not committee. Companies would be The Regulatory Flexibility Act directs believe it is feasible to further clarify, required to include reports of their audit the Commission to consider significant consolidate or simplify the rule for committees that include disclosure alternatives that would accomplish the small entities. about whether certain conversations stated objectives, while minimizing any H. Solicitation of Comments between the audit committee and significant adverse impact on small management and the auditors took The Commission encourages the entities. In connection with the submission of comments with respect to place. No disclosure of the substance of proposed amendments, the Commission the discussions is required. any aspect of this Initial Regulatory considered the following alternatives: Flexibility Analysis. In particular, the 1. Reviews of Quarterly Financial (a) The establishment of differing Commission seeks comment on: (i) The Statements compliance or reporting requirements or number of small entities that would be We propose to require companies to timetables that take into account the affected by the proposed rules; (ii) the engage their independent auditors to resources available to small entities; (b) nature of the impact; and (iii) how to conduct interim reviews of their the clarification, consolidation, or quantify the number of small entities quarterly financial statements prior to simplification of compliance and that would be affected by and/or how to the company filing its Form 10–Q or 10– reporting requirements under the rule quantify the impact of the proposed QSB. Based on information provided to for small entities; (c) the use of rules. Comment is specifically requested the Commission by the SECPS, it performance rather than design regarding the number of small entities appears that most companies engage standards; and (d) an exemption from that are not registered under Section 12 their independent auditors to undertake coverage of the rule, or any part thereof, of the Exchange Act that might be some level of review of their quarterly for small entities. affected by the proposed amendments financial statements. We considered not applying the and what effect, if any, they would have Medium and smaller sized accounting proposals to small business issuers. We on small entities. Should there be firms indicated to the SECPS that SAS believe investors in smaller companies different requirements for those 71 reviews of small companies’ interim would want and benefit from the companies? Should those companies be financial statements may cause delays disclosures about the audit committee required to include the audit committee in filing Forms 10–Q or 10–QSB, be and the advantages of interim reviews disclosures in their Forms 10–K or 10– relatively more costly for all companies, just as much as investors in larger KSB, or in any other disclosure be hampered by inadequate financial companies. In addition, the COSO documents? Please describe the nature reporting processes, and would result in Report found that the incidence of of any impact and provide empirical small companies shifting financial financial fraud was greater at small data supporting the extent of the impact. responsibilities from the company to the companies.90 The report specifically Such comments will be considered in CPA firm. Firms providing information noted that the ‘‘concentration of fraud the preparation of the Final Regulatory to the SECPS also commented that the among companies with under $50 Flexibility Analysis, if the proposed costs of compliance would be partially million in revenues and with generally amendments and new rules are adopted, offset by a reduction in year-end audit weak audit committees highlights the and will be placed in the same public fees and would lead to earlier importance of rigorous audit committee file as comments on the proposed identification of accounting and practices, even for smaller amendments and new rules themselves. auditing issues and an improvement in organizations.’’ 91 In light of the COSO IX. Statutory Bases and Text of the quality of the process used for Report, it may be inconsistent with the Amendments preparing interim financial reports. purposes of the rule to exempt small We are proposing amendments to 2. Disclosure Related to the Functioning 90 See generally, COSO Report, supra note 76. In Rules 10–01 of Regulation S–X and 14a– of the Audit Committee fact, the COSO Report specifically found that a 101 (Schedule 14A) and Item 310 of Some of the proposed amendments ‘‘regulatory focus on companies with market Regulation S–B, and proposing new capitalization in excess of $200 million may fail to would increase disclosure of the audit target companies with greater risk for financial Item 306 of Regulations S–K and S–B, committee’s role. The increased statement fraud activities.’’ Id. at 4. under the authority set forth in Sections disclosure will require all entities, large 91 Id. at 5. 2, 13, 14, and 23 of the Exchange Act.

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List of Subjects Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, that the information be treated as 77k, 77s, 77z–2, 77aa(25), 77aa(26), 77ddd, soliciting material or specifically 17 CFR Part 210 77eee, 77ggg, 77hhh, 77jjj, 77nnn, 77sss, 78l, incorporates it by reference into a Accountant, Accounting, Reporting 78m, 78n, 78o, 78u–5, 78w, 78ll, 80a–8, 80a– document filed under the Securities Act and recordkeeping requirements, 29, 80a–30, 80a–37, 80b–ll, unless otherwise noted. or the Exchange Act. Securities. (d) The information required by 4. § 228.305 is added and reserved paragraphs (a) and (b) of this Item need 17 CFR Part 228 and § 228.306 is added to read as not be provided in any filings other than Reporting and recordkeeping follows: a registrant proxy or information requirements, Securities, Small § 228.305 [Reserved] statement relating to an annual meeting businesses. of security holders at which directors 17 CFR Parts 229 and 240 § 228.306 (Item 306) Audit committee are to be elected (or special meeting or report . written consents in lieu of such Reporting and recordkeeping (a) The audit committee must state meeting). Such information will not be requirements, Securities. whether: deemed to be incorporated by reference Text of Amendments (1) The audit committee has reviewed into any filing under the Securities Act and discussed the audited financial or the Exchange Act, except to the In accordance with the foregoing, statements with management; extent that the registrant specifically Title 17, Chapter II of the Code of (2) The audit committee has discussed incorporates it by reference. Federal Regulations is proposed to be with the independent auditors the 5. By amending § 228.310 by revising amended as follows: matters required to be discussed by SAS the introductory text of paragraph (b) to 61, as may be modified or read as follows: PART 210ÐFORM AND CONTENT OF supplemented; AND REQUIREMENTS FOR FINANCIAL (3) The audit committee has received § 228.310 (Item 310) Financial Statements. STATEMENTS, SECURITIES ACT OF the written disclosures and the letter * * * * * 1933, SECURITIES EXCHANGE ACT from the independent accountants (b) Interim Financial Statements. OF 1934, PUBLIC UTILITY HOLDING required by Independence Standards Interim financial statements may be COMPANY ACT OF 1935, INVESTMENT Board Standard No. 1 (Independence unaudited; however, prior to filing, COMPANY ACT OF 1940, AND Standards Board Standard No. 1, interim financial statements included in ENERGY POLICY AND Independence Discussions with Audit quarterly reports on Form 10–QSB (17 CONSERVATION ACT OF 1975 Committees), as may be modified or CFR 249.308b) must be reviewed by an 1. The authority citation for part 210 supplemented, and has discussed with independent public accountant using continues to read as follows: the independent accountant the professional standards and procedures independent accountant’s for conducting such reviews, as Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, independence; and established by generally accepted 77z–2, 77aa(25), 77aa(26), 78j–l, 78l, 78m, (4) Based on the review and auditing standards, as may be modified 78n, 78o(d), 78u–5, 78w(a), 78ll(d), 79e(b), or supplemented by the Commission. If, 79j(a), 79n, 79t(a), 80a–8, 80a–20, 80a–29, discussions referred to in paragraphs 80a–30, 80a–37(a), unless otherwise noted. (a)(1) through (a)(3) of this Item, in any filing, the issuer states that anything has come to the attention of interim financial statements have been 2. By amending § 210.10–01 by the members of the audit committee that reviewed by an independent public revising paragraph (d) to read as caused the audit committee to believe accountant, a report of the accountant follows: that the audited financial statements on the review must be filed with the § 210.10±01 Interim financial statements. included in the company’s Annual interim financial statements. Interim Report on Form 10–KSB (17 CFR financial statements shall include a * * * * * balance sheet as of the end of the (d) Interim review by independent 249.310b) for the year then ended issuer’s most recent fiscal quarter and public accountant. Prior to filing, contain an untrue statement of a income statements and statements of interim financial statements included in material fact or omit to state a material cash flows for the interim period up to quarterly reports on Form 10–Q (17 CFR fact necessary to make the statements the date of such balance sheet and the 249.308(a)) must be reviewed by an made, in light of the circumstances comparable period of the preceding independent public accountant using under which they were made, not fiscal year. professional standards and procedures misleading. for conducting such reviews, as (b) The name of each member of the company’s audit committee (or, in the PART 229ÐSTANDARD established by generally accepted INSTRUCTIONS FOR FILING FORMS auditing standards, as may be modified absence of an audit committee, the board committee performing equivalent UNDER SECURITIES ACT OF 1933, or supplemented by the Commission. If, SECURITIES EXCHANGE ACT OF 1934 in any filing, the company states that functions or the entire board of directors) must appear below the AND ENERGY POLICY AND interim financial statements have been CONSERVATION ACT OF 1975Ð reviewed by an independent disclosure required by this Item. (c) The information required by REGULATION S±K accountant, a report of the independent paragraphs (a) and (b) of this Item shall accountant on the review must be filed 6. The authority citation for part 229 not be deemed to be ‘‘soliciting with the interim financial statements. continues to read in part as follows: material,’’ or to be ‘‘filed’’ with the * * * * * Authority: 15 U.S.C. 77e, 77f, 77g, 77h, 77j, Commission or subject to Regulation 77k, 77s, 77z–2, 77aa(25), 77aa(26), 77ddd, PART 228ÐINTEGRATED 14A or 14C (17 CFR 240.14a–1 et seq. 77eee, 77ggg, 77hhh, 77iii, 77jjj, 77nnn, DISCLOSURE SYSTEM FOR SMALL or 240.14c–1 et seq.), other than as 77sss, 78c, 78i, 78j, 78l, 78m, 78n, 78o, 78u– BUSINESS ISSUERS provided in this Item, or to the 5, 78w, 78ll(d), 79e, 79n, 79t, 80a–8, 80a–29, liabilities of section 18 of the Exchange 80a–30, 80a–37, 80b–11, unless otherwise 3. The authority citation for part 228 Act (15 U.S.C. 78r), except to the extent noted. continues to read as follows: that the company specifically requests * * * * *

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7. By adding § 229.306 to read as statement relating to an annual meeting Nasdaq, disclose whether, if the company has follows: of security holders at which directors an audit committee, the members are are to be elected (or special meeting or independent. In determining whether a § 229.306 (Item 306) Audit committee written consents in lieu of such member is independent, the company must report. use the definition of independence in section meeting). Such information will not be (a) The audit committee must state 303.01(B)(2)(a) and (3) of the NYSE’s listing deemed to be incorporated by reference standards, section 121(A) of the AMEX’s whether: into any filing under the Securities Act (1) The audit committee has reviewed listing standards or Rule 4200(a)(15) of the or the Exchange Act, except to the NASD’s listing standards, as such sections and discussed the audited financial extent that the registrant specifically may be modified or supplemented, and state statements with management; incorporates it by reference. which of these definitions was used. (2) The audit committee has discussed Whichever definition is chosen must be with the independent auditors the PART 240ÐGENERAL RULES AND applied consistently to all members of the matters required to be discussed by SAS REGULATIONS, SECURITIES audit committee. 61, as may be modified or EXCHANGE ACT OF 1934 (v) The information required by paragraph supplemented; (e)(3) of this Item shall not be deemed to be (3) The audit committee has received 8. The authority citation for part 240 ‘‘soliciting material,’’ or to be ‘‘filed’’ with the written disclosures and the letter continues to read, in part, as follows: the Commission or subject to Regulation 14A or 14C (17 CFR 240.14a–1 et seq. or 240.14c– from the independent accountants Authority: 15 U.S.C. 77c, 77d, 77g, 77j, required by Independence Standards 1 et seq.), other than as provided in this Item, 77s, 77z–2, 77eee, 77ggg, 77nnn, 77sss, 77ttt, or to the liabilities of Section 18 of the 78c, 78d, 78f, 78i, 78j, 78j–1, 78k, 78k–1, 78l, Board Standard No. 1 (Independence Exchange Act (15 U.S.C. 78r), except to the 78m, 78n, 78o, 78p, 78q, 78s, 78u–5, 78w, Standards Board Standard No. 1, extent that the company specifically requests 78x, 78ll(d), 78mm,79q, 79t, 80a–20, 80a–23, Independence Discussions with Audit that the information be treated as soliciting 80a–29, 80a–37, 80b–3, 80b–4 and 80b–11, Committees), as may be modified or material or specifically incorporates it by unless otherwise noted. supplemented, and has discussed with reference into a document filed under the the independent accountant the * * * * * Securities Act or the Exchange Act. Such independent accountant’s 9. By amending § 240.14a–101 by information will not be deemed to be independence; and adding paragraph (3) to Item 7(e) to read incorporated by reference into any filing (4) Based on the review and as follows: under the Securities Act or the Exchange Act, except to the extent that the registrant discussions referred to in paragraphs § 240.14a±101 Schedule 14A. Information specifically incorporates it by reference. (a)(1) through (a)(3) of this Item, required in proxy statement. (vi) Investment companies registered under anything that has come to the attention * * * * * the Investment Company Act of 1940 (15 of the members of the audit committee Item 7. Directors and executive officers. U.S.C. 80a–1 et seq.), other than closed-end that caused the audit committee to *** investment companies, need not provide the believe that the audited financial (e) * * * information required by this paragraph (e)(3). statements included in the company’s (3) If the registrant has an audit committee: * * * * * Annual Report on Form 10–K (17 CFR (i) Provide the information required by By the Commission. Item 306 of Regulation S–K (17 CFR 229.306). 249.310) for the year then ended contain Dated: October 7, 1999. an untrue statement of a material fact or (ii) State whether the company’s audit committee has adopted a written charter. Margaret H. McFarland, omit to state a material fact necessary to (iii) Include a copy of the written charter, Deputy Secretary. make the statements made, in light of if any, as an appendix to the company’s [FR Doc. 99–26791 Filed 10–13–99; 8:45 am] the circumstances under which they proxy statement unless a copy has been BILLING CODE 8010±01±P were made, not misleading. included as an appendix to the company’s (b) The name of each member of the proxy statement within the company’s past company’s audit committee (or, in the three fiscal years. absence of an audit committee, the (iv)(A) For companies whose securities are ENVIRONMENTAL PROTECTION board committee performing equivalent listed on the New York Stock Exchange AGENCY functions or the entire board of (‘‘NYSE’’) or American Stock Exchange (‘‘AMEX’’) or quoted on Nasdaq, if the 40 CFR Part 52 directors) must appear below the company’s Board determines in accordance disclosure required by this Item. with the requirements of section 303.02(D) of [Region II Docket No. NJ36±1±196, FRL± (c) The information required by the NYSE’s listing standards, section 6457±2] paragraphs (a) and (b) of this Item shall 121(B)(b)(ii) of the AMEX’s listing standards, not be deemed to be ‘‘soliciting or section 4310(c)(26)(B)(ii) or 4460(d)(2)(B) Approval and Promulgation of material,’’ or to be ‘‘filed’’ with the of the National Association of Securities Implementation Plans; New Jersey; Commission or subject to Regulation Dealers’ (‘‘NASD’’) listing standards, as Nitrogen Oxides Budget and 14A or 14C (17 CFR 240.14a–1 et seq. applicable and as may be modified or Allowance Trading Program supplemented, to appoint one director to the or 240.14c–1 et seq.), other than as audit committee who is not independent (as AGENCY: Environmental Protection provided in this Item, or to the independence is defined in Sections Agency (EPA). liabilities of section 18 of the Exchange 303.01(B)(2)(a) and (3) of the NYSE’s listing ACTION: Proposed rule. Act (15 U.S.C. 78r), except to the extent standards, section 121(A) of the AMEX’s that the company specifically requests listing standards, or Rule 4200(a)(15) of the SUMMARY: The Environmental Protection that the information be treated as NASD’s listing standards, as applicable and Agency proposes to conditionally soliciting material or specifically as may be modified or supplemented), approve New Jersey’s State incorporates it by reference into a disclose the nature of the relationship that Implementation Plan (SIP) revision for document filed under the Securities Act makes that individual not independent and ozone. This SIP revision relates to New the reasons for the Board’s determination. or the Exchange Act. Small business issuers are not required to Jersey’s portion of the Ozone Transport (d) The information required by comply with this paragraph (e)(3)(iv)(A). Commission’s September 27, 1994 paragraphs (a) and (b) of this Item need (B) For companies, including small Memorandum of Understanding, which not be provided in any filings other than business issuers, whose securities are not includes a regional nitrogen oxides a registrant proxy or information listed on the NYSE or AMEX or quoted on budget and allowance (NOX Budget)

VerDate 12-OCT-99 08:57 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\A14OC2.046 pfrm04 PsN: 14OCP1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules 55663 trading program that will significantly What Guidance did EPA Use to Evaluate effectively complying with the budget. reduce NOX emissions generated within New Jersey’s Program? The budget limits the total number of the Ozone Transport Region. Today’s What is EPA’s Evaluation of New Jersey’s allocated allowances. The total effect is action proposes a conditional approval Program? to reduce emissions. An example of a New Jersey’s NOX Budget Trading Program of New Jersey’s regulations which What is the Ozone Transport Commission’s budget and allowance trading program implement Phase II and Phase III of the Memorandum of Understanding (OTC is EPA’s Acid Rain Program for reducing NOX Budget Trading Program to reduce MOU)? sulfur dioxide emissions. NOX, and intends to help meet the Which States Signed the OTC MOU? What Is EPA’s Proposed Condition for national ambient air quality standard for What Does the OTC MOU Require? Approval? ozone. However, if New Jersey corrects How Did States Meet the OTC MOU? the deficiency discussed in today’s How Did New Jersey Meet the OTC MOU? EPA proposes to condition its proposed action between the time of How Does New Jersey’s Program Protect approval of New Jersey’s NOX Budget today’s proposed action and a final the Environment? Trading Program on New Jersey rulemaking action, and the correction is How Will New Jersey and EPA Enforce the including a definition of a violation and Program? consistent with EPA’s findings as of the days of a violation which more When Did New Jersey Propose and Adopt fully comports with the other state rules discussed below, EPA proposes full the Program? approval of New Jersey’s NOX Budget When Did New Jersey Submit the Program and EPA’s guidance. Trading Program. to EPA and What Did it Include? Originally, New Jersey proposed DATES: EPA must receive written What Other Significant Items Relate to amendments to Subchapter 3 for the comments on or before November 15, New Jersey’s Program? NOX Budget Trading Program which 1999. Conclusion included defining a violation and for Administrative Requirements determining the number of days of a ADDRESSES: Address all comments to: violation in order to determine civil and Raymond Werner, Acting Chief, Air EPA’s Action Programs Branch, Environmental criminal penalties. These provisions What Action Is EPA Proposing Today? Protection Agency, Region II Office, 290 stated: • Each ton of excess emissions is a Broadway, 25th Floor, New York, New EPA proposes to conditionally approve a revision to New Jersey’s separate violation York 10007–1866. • For purposes of determining the Copies of the state submittal and ozone State Implementation Plan (SIP) number of days of a violation, each day supporting documents are available for which New Jersey submitted to EPA on in the control period (153 days), where inspection during normal business April 26, 1999. This SIP revision relates there are any excess emissions, hours, at the following addresses: to New Jersey’s new Subchapter 31 constitutes a day in violation, unless the ‘‘NOX Budget Program’’ regulation for Environmental Protection Agency, source can demonstrate a lesser number Region II Office, Air Programs Branch, New Jersey’s NOX Budget Trading Program. of days, to the State’s satisfaction. 290 Broadway, 25th Floor, New York, However, in response to comments on New York 10007–1866. Why Is EPA Proposing this Action? the proposal, New Jersey reserved these New Jersey Department of provisions when it adopted Subchapter Environmental Protection, Office of EPA is proposing this action to: • Give you the opportunity to submit 31 on June 17, 1998. In the adoption Air Quality Management, Bureau of documents, New Jersey said it would Air Quality Planning, 401 East State written comments on EPA’s proposed action, as discussed in the DATES and propose another amendment to clarify Street, CN418, Trenton, New Jersey these provisions for defining violations. 08625. ADDRESSES sections. • Fulfill New Jersey’s and EPA’s The absence of these provisions in FOR FURTHER INFORMATION CONTACT: requirements under the Clean Air Act New Jersey’s adopted NOX Budget rule Richard Ruvo, Air Programs Branch, (the Act). creates uncertainty about how the State Environmental Protection Agency • Make New Jersey’s NOX Budget will define a violation and determine Region II, 290 Broadway, 25th Floor, Trading Program federally-enforceable the number of days of a violation should New York, New York 10007–1866, (212) and available for credit toward the a source not hold enough allowances as 637–4014. attainment SIP. of the allowance transfer deadline. The SUPPLEMENTARY INFORMATION: other states in the Ozone Transport What Is a Budget and Allowance Commission (OTC) included similar Overview Trading Program? provisions in their adopted rules. Since The Environmental Protection Agency Air emissions trading uses market the NOX Budget Program is a regional (EPA) proposes to conditionally approve forces to reduce the overall cost of program, each state rule must be the New Jersey State Department of compliance for sources, such as a power substantively consistent with the other Environmental Protection’s (New plant, while maintaining emission state rules, in order to ensure an Jersey’s) Nitrogen Oxides Budget and reductions and environmental benefits. allowance in one state has the same Allowance (NOX Budget) Trading One type of market-based program is an value as an allowance in another state. Program. emissions budget and allowance trading This area of New Jersey’s NOX Budget The following table of contents program, also commonly referred to as Program does not fully satisfy EPA’s describes the format for this a cap and trade program. guidance for providing enforcement SUPPLEMENTARY INFORMATION section: In a budget and allowance trading mechanisms. New Jersey must revise EPA’s Action program, the state or EPA set a Subchapter 3 and/or 31 to incorporate What Action is EPA Proposing Today? regulatory limit, or budget, on mass the provisions for defining a violation Why is EPA Proposing this Action? emissions from a specific group of and determining the number of days of What is a Budget and Allowance Trading sources. The state or EPA assigns or a violation should a source not hold Program? What is EPA’s Proposed Condition for allocates allowances to the sources, enough allowances as of the allowance Approval? authorizing emissions up to the level of transfer deadline. Correcting this How can New Jersey Get Full Approval for the budget. Sources may sell or trade deficiency will clarify any confusion in Their Program? allowances with other sources, cost- how the State defines a violation and

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This market emissions trading program, reduction furthers the effort to achieve of New Jersey’s NOX Budget Trading annual allowance allocation, claims for Program due to the deficiency discussed the health-based national ambient air incentive allowances, permitting, quality standard for ozone. In the MOU, in the ‘‘What is EPA’s Proposed allowance transfer, allowance banking, Condition for Approval?’’ section. EPA the OTC states agreed to propose early reduction credits, the NOX regulations for the control of NO informed New Jersey of the deficiency Allowance Tracking System, X in a July 8, 1999 letter. In a July 29, 1999 emissions according to the following monitoring, recordkeeping, reporting, guidelines: letter, New Jersey committed to end-of-season reconciliation, • correcting the deficiency within one The level of required NOX compliance certification, excess reductions is from a 1990 baseline year of EPA’s final action. emissions deduction, the program audit, To achieve full approval, New Jersey emissions level. and guidance documents incorporated • The reduction would vary by must correct the deficiency and submit by reference and penalties. it to EPA within one year of EPA’s final location, or zone, and use a two-phase Given the documentation in the SIP region-wide trading program. action on New Jersey’s NOX Budget submittal and the provisions of New • Trading Program SIP revision. However, The reduction required by May 1, Jersey’s NOX Budget Trading Program, 1999 is the less stringent of the if New Jersey corrects the deficiency and New Jersey’s commitment for a between the time of today’s proposed following: periodic program audit, EPA a. The affected facilities in the inner action and a final rulemaking action, determined that New Jersey will and the correction is consistent with zone will reduce their NOX emission continue to meet the reasonable further rate by 65% from the 1990 baseline, or EPA’s findings as discussed earlier, EPA progress and SIP attainment proposes full approval of New Jersey’s emit NOX at a rate no greater than 0.20 requirements. pounds per million Btu. NOX Budget Trading Program. EPA will A Technical Support Document b. The affected facilities in the outer consider all information submitted prior (TSD), prepared in support of this to any final rulemaking action as a zone will reduce their NOX emission proposed action, contains the full rate by 55% from the 1990 baseline, or supplement or amendment to the April description of New Jersey’s submittal 26, 1999 submittal. emit NOX at a rate no greater than 0.20 and EPA’s evaluation. A copy of the pounds per million Btu. What Guidance Did EPA Use To TSD is available upon request from the • The reduction required by May 1, Evaluate New Jersey’s Program? EPA Regional Office listed in the 2003 is the less stringent of the ADDRESSES section. In 1994, EPA issued Economic following: Incentive Program (EIP) rules and New Jersey’s NOX Budget Trading c. The affected facilities in the inner guidance (40 CFR part 51, subpart U), Program and outer zones will reduce their NOX that outlines requirements for emission rate by 75% from the 1990 What Is the Ozone Transport establishing EIPs in cases where the Act baseline, or emit NOX at a rate no Commission’s Memorandum of requires States adopt EIPs to meet the greater than 0.15 pounds per million Understanding? ozone and carbon monoxide standards Btu. in designated nonattainment areas. The Ozone Transport Commission d. The affected facilities in the There is no requirement for New Jersey (OTC) adopted a Memorandum of northern zone will reduce their NOX to submit an EIP. However, since Understanding (MOU) on September 27, emission rate by 55% from the 1990 subpart U also contains guidance on the 1994, which committed the signatory baseline, or emit NOX at a rate no development of voluntary EIPs, New states to the development and proposal greater than 0.20 pounds per million Jersey followed the EIP guidance in the of a region-wide reduction in NOX Btu. development and submittal of its NOX emissions, with one phase of reductions The inner zone consists of all Budget Trading Program. by 1999 and another phase of reductions contiguous moderate and above EPA evaluated New Jersey’s NOX by 2003. Since the Act required nonattainment areas in the OTC, except Budget Trading Program to determine reasonably available control technology those located in Maine. The outer zone whether the Program meets the SIP (RACT) to reduce NOX emissions by consists of the remainder of the OTC, requirements described in section 110 of May of 1995, the OTC MOU refers to the except the northern zone. The northern the Act. EPA also evaluated the Program reduction in NOX emissions by 1999 as zone consists of Maine, Vermont and using the EIP of 1994 as guidance for Phase II and the reduction in NOX New Hampshire (except for its moderate voluntary EIPs, in coordination with emissions by 2003 as Phase III. and above nonattainment areas) and the northeastern attainment portion of New other guidance documents. Which States Signed the OTC MOU? York. What Is EPA’s Evaluation of New The OTC states include Maine, New New Jersey must meet the Jersey’s Program? Hampshire, Vermont, Massachusetts, requirements for the inner zone. EPA determined New Jersey’s new Connecticut, Rhode Island, New York, Subchapter 31 regulation for New New Jersey, Pennsylvania, Maryland, How Did States Meet the OTC MOU? Jersey’s NOX Budget Trading Program is Delaware, the northern counties of First, after consideration of the consistent with EPA’s guidance, except Virginia and the District of Columbia. reductions required in the OTC MOU, for the deficiency discussed in the All of the OTC jurisdictions, with the the OTC States developed a 1990 ‘‘What is EPA’s Proposed Condition for exception of the Commonwealth of baseline emission level and the Approval?’’ section. Specifically, New Virginia, signed the September 27, 1994 emission budgets for 1999 and 2003. Jersey’s NOX Budget Trading Program is MOU. The NOX Budget Trading Program caps

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NOX emissions in the Ozone Transport emissions to 17,300 and 8,200 tons When Did New Jersey Propose and Region at 219,000 tons in 1999 and during the ozone season in 1999 and Adopt the Program? 143,000 tons in 2003, less than half of 2003, respectively. New Jersey proposed their NOX the 1990 baseline emission level of In addition to contributing to Budget Trading Program on September 490,000 tons. attainment of the ozone standard, 15, 1997 and held a public hearing on Then, the OTC charged a Task Force decreases of NOX emissions will also October 17, 1997. New Jersey requested of representatives from the OTC States, likely help improve the environment in public comments by November 24, organized through the Northeast States several important ways. On a national 1997. New Jersey adopted the NO for Coordinated Air Use Management X scale, decreases in NOX emissions will Budget Trading Program on June 17, (NESCAUM) and the Mid-Atlantic also decrease acid deposition, nitrates in Regional Air Management Association 1998 with an operative date of August drinking water, excessive nitrogen 16, 1998. (MARAMA), with the task of developing loadings to aquatic and terrestrial a model rule to implement the program ecosystems, and ambient concentrations When Did New Jersey Submit the defined by the OTC MOU. During 1995 of nitrogen dioxide, particulate matter Program to EPA and What Did it and 1996, the NESCAUM/MARAMA and toxics. On a global scale, decreases Include? NOX Budget Task Force worked with in NOX emissions will, to some degree, New Jersey submitted its NOX Budget EPA, as well as representatives from reduce greenhouse gases and Trading Program SIP revision to EPA on industry, utilities, and environmental stratospheric ozone depletion. groups, and developed a model rule as April 26, 1999. EPA determined the a template for OTC states to adopt their How Will New Jersey and EPA Enforce submittal administratively and own rules to implement the OTC MOU. the Program? technically complete on June 18, 1999. EPA’s EIP rules formed the general New Jersey’s NOX Budget Trading Under New Jersey’s NOX Budget Program SIP revision included the regulatory framework for the model Trading Program, New Jersey allocates rule. The OTC issued the model rule on following elements: allowances to budget sources. Each • New Subchapter 31 May 1, 1996. The model rule was allowance permits a source to emit one • intended to be used by the OTC states Amended Subchapter 3 ton of NOX during the seasonal control • to implement the Phase II reductions Copies of monitoring guidance and period. For each ton of NOX discharged called for in the MOU. The model rule energy efficiency protocol to incorporate in a given control period, EPA will by reference does not specifically include the remove one allowance from the source’s • implementation of Phase III. Allowance allocation file for 1999 allowance account. The source, or any and explanation of allocation How Did New Jersey Meet the OTC other source will never use this methodology, as supporting MOU? allowance again for compliance. This is information. known as a retirement of the allowance. In accordance and consistent with the Allowances may be bought, sold, or What Other Significant Items Relate to NESCAUM/MARAMA NOX Budget New Jersey’s Program? model rule issued in May 1996, New banked. Unused allowances may be • Jersey developed their regulation, new banked for future use, with limitation. New Jersey’s NOX Budget Trading Each budget source must comply with Subchapter 31 ‘‘NOX Budget Program.’’ Program SIP revision also fulfills the Subchapter 31 includes reduction the program by demonstrating at the end State’s commitments to adopt the NOX requirements to implement Phase II and of each control period that actual Budget Program with respect to the Phase III of the OTC’s MOU. The emissions do not exceed the amount of Alternative Ozone Attainment regulation includes provisions for a allowances held for that period. Demonstration submittals sent to EPA However, regardless of the number of regional NOX Budget Trading Program, on December 31, 1996 and August 31, and establishes procedures for defining allowances a source holds, it cannot 1998. emit at levels that would violate other • NOX emission allowances for each NOX New Jersey’s Subchapter 31 control period beginning May 1, 1999 federal or state limits, for example, contains NOX emissions budget and RACT, new source performance through the NOX control period ending allocation schemes for 1999 through the September 30, 2002 (Phase II), and for standards, or Title IV. ozone season of 2002 (Phase II), and for each NOX control period beginning May The State and EPA will determine the ozone season of 2003 and beyond 1, 2003 and thereafter (Phase III). New compliance by ensuring that allowances (Phase III) of the OTC NOX Budget Jersey’s SIP submittal identifies the held by a source at the end of each Program. Therefore, Subchapter 31 budget sources and their initial NOX control period meet or exceed the satisfies New Jersey’s obligations under allowance allocations. emissions for that source for the given the OTC MOU to make specific control period. Source owners shall additional NOX reductions by May 1, How Does New Jersey’s Program Protect monitor emissions by certified 2003 and continue to make reductions the Environment? monitoring systems and must report thereafter. Additionally, New Jersey’s Specific to New Jersey, the NOX resulting data to EPA. Violations are attainment demonstrations will rely on Budget Program will result in NOX also possible for not adhering to the NOX reductions associated with the emissions reductions during the ozone monitoring, reporting and record OTC program in 2003 and beyond to season of close to 80% between 1990 keeping requirements. However, as achieve attainment with the one hour and 2003 from applicable sources. In discussed in the ‘‘What is EPA’s ozone standard. In its current form, 1990, NOX emissions from NOX Budget Proposed Condition for Approval?’’ except for the deficiency discussed in sources totaled more than 46,500 tons section, the missing provisions in New the ‘‘What is EPA’s Proposed Condition during the ozone season. In 1995, Jersey’s Program limit the ability of New for Approval?’’ section, Subchapter 31 is following New Jersey’s NOX RACT Jersey and EPA to enforce the Program. approvable for 1999, 2000, 2001, 2002 rules, emissions of NOX were reduced to Lastly, the federally-enforceable and 2003 and thereafter. about 21,200 tons during the ozone operating permits for budget sources In September 1998, EPA issued the season. The adopted NOX Budget contain the applicable requirements of final Regional Transport of Ozone Rule Program rules will further reduce NOX the NOX Budget Program. (‘‘NOX SIP Call’’) requiring 22 eastern

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States and the District of Columbia to concerns, copies of written statute, that significantly or uniquely submit SIP’s to address the regional communications from the governments, affects the communities of Indian tribal transport of ground-level ozone through and a statement supporting the need to governments, and that imposes reductions in NOX. New Jersey did not issue the regulation. In addition, E.O. substantial direct compliance costs on submit the April 26, 1999 SIP revision 12875 requires EPA to develop an those communities, unless the Federal for Subchapter 31 to satisfy the effective process permitting elected government provides the funds requirements of the NOX SIP Call. officials and other representatives of necessary to pay the direct compliance Therefore, in order to meet EPA’s NOX state, local, and tribal governments ‘‘to costs incurred by the tribal SIP Call, New Jersey will need to submit provide meaningful and timely input in governments. If the mandate is an additional SIP revision that the development of regulatory proposals unfunded, EPA must provide to the establishes the NOX caps for the State containing significant unfunded Office of Management and Budget, in a during 2003 and beyond, but New mandates.’’ separately identified section of the Jersey’s Phase III limits may be Today’s rule does not create a preamble to the rule, a description of equivalent to the SIP Call limits. mandate on state, local or tribal the extent of EPA’s prior consultation governments. The rule does not impose with representatives of affected tribal Conclusion any enforceable duties on these entities. governments, a summary of the nature EPA proposes a conditional approval Accordingly, the requirements of of their concerns, and a statement of New Jersey’s NOX Budget Trading section 1(a) of E.O. 12875 do not apply supporting the need to issue the Program due to the deficiency discussed to this rule. regulation. In addition, E.O. 13084 in the ‘‘What is EPA’s Proposed On August 4, 1999, President Clinton requires EPA to develop an effective Condition for Approval?’’ section. In a issued a new executive order on process permitting elected officials and July 29, 1999 letter, New Jersey federalism, Executive Order 13132, [64 other representatives of Indian tribal committed to correcting the deficiency FR 43255 (August 10, 1999),] which will governments ‘‘to provide meaningful within one year of EPA’s final action. take effect on November 2, 1999. In the and timely input in the development of To achieve full approval, New Jersey interim, the current Executive Order regulatory policies on matters that must correct the deficiency and submit 12612, [52 FR 41685 (October 30, significantly or uniquely affect their it to EPA within one year of EPA’s final 1987),] on federalism still applies. This communities.’’ action on New Jersey’s NOX Budget rule will not have a substantial direct Today’s rule does not significantly or Trading Program SIP revision. However, effect on States, on the relationship uniquely affect the communities of if New Jersey corrects the deficiency between the national government and Indian tribal governments. Accordingly, between the time of today’s proposed the States, or on the distribution of the requirements of section 3(b) of E.O. action and a final rulemaking action, power and responsibilities among the 13084 do not apply to this rule. and the correction is consistent with various levels of government, as Regulatory Flexibility Act EPA’s findings as discussed earlier, EPA specified in Executive Order 12612. The The Regulatory Flexibility Act (RFA) proposes full approval of New Jersey’s rule affects only one State, and does not generally requires an agency to conduct NOX Budget Trading Program. alter the relationship or the distribution a regulatory flexibility analysis of any EPA requests public comment on the of power and responsibilities rule subject to notice and comment issues discussed in today’s action. EPA established in the Clean Air Act. rulemaking requirements unless the will consider all public comments Executive Order 13045 agency certifies that the rule will not before taking final action. Interested have a significant economic impact on parties may participate in the Federal Protection of Children from Environmental Health Risks and Safety a substantial number of small entities. rulemaking procedure by submitting Small entities include small businesses, written comments to the EPA Regional Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is small not-for-profit enterprises, and office listed in the ADDRESSES section. determined to be ‘‘economically small governmental jurisdictions. This Administrative Requirements significant’’ as defined under E.O. proposed rule will not have a significant impact on a substantial number of small Executive Order 12866 12866, and (2) concerns an environmental health or safety risk that entities because conditional approvals The Office of Management and Budget EPA has reason to believe may have a of SIP submittals under section 110 and (OMB) has exempted this regulatory disproportionate effect on children. If subchapter I, part D of the Clean Air Act action from review under Executive the regulatory action meets both criteria, does not create any new requirements Order (E.O.) 12866, entitled ‘‘Regulatory the Agency must evaluate the but simply approve requirements that Planning and Review.’’ environmental health or safety effects of the state is already imposing. Therefore, because the Federal SIP approval does Executive Order on Federalism the planned rule on children, and explain why the planned regulation is not impose any new requirements, I Under E.O. 12875, EPA may not issue preferable to other potentially effective certify that this action will not have a a regulation that is not required by and reasonably feasible alternatives significant economic impact on a statute and that creates a mandate upon considered by the Agency. substantial number of small entities. a state, local, or tribal government, This rule is not subject to E.O. 13045 Moreover, due to the nature of the unless the Federal government provides because it is not an economically Federal-State relationship under the the funds necessary to pay the direct significant regulatory action as defined Clean Air Act, preparation of flexibility compliance costs incurred by those by E.O. 12866, and it does not address analysis would constitute Federal governments. If the mandate is environmental health or safety risk that inquiry into the economic unfunded, EPA must provide to the would have a disproportionate effect on reasonableness of state action. The Office of Management and Budget a children. Clean Air Act forbids EPA to base its description of the extent of EPA’s prior actions concerning SIPs on such consultation with representatives of Executive Order 13084 grounds. Union Electric Co., v. U.S. affected state, local, and tribal Under E.O. 13084, EPA may not issue EPA, 427 U.S. 246, 255–66 (1976); 42 governments, the nature of their a regulation that is not required by U.S.C. 7410(a)(2).

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If the conditional approval is ENVIRONMENTAL PROTECTION Environmental Conservation’s (New converted to a disapproval under AGENCY York’s) Nitrogen Oxides Budget and section 110(k), based on the state’s Allowance (NOX Budget) Trading failure to meet the commitment, it will 40 CFR Part 52 Program. not affect any existing state [Region II Docket No. NY33±1±197, FRL± The following table of contents requirements applicable to small 6457±3] describes the format for this entities. Federal disapproval of the state SUPPLEMENTARY INFORMATION section: submittal does not affect its state- Approval and Promulgation of EPA’s Action enforceability. Moreover, EPA’s Implementation Plans; New York; What Action Is EPA Proposing Today? disapproval of the submittal does not Nitrogen Oxides Budget and Why is EPA Proposing this Action? impose a new Federal requirement. Allowance Trading Program What is a Budget and Allowance Trading Program? Therefore, I certify that this disapproval What Guidance did EPA Use to Evaluate action will not have a significant AGENCY: Environmental Protection Agency (EPA). New York’s Program? economic impact on a substantial What is EPA’s Evaluation of New York’s number of small entities because it does ACTION: Proposed rule. Program? not remove existing requirements nor New York’s NOX Budget Trading Program SUMMARY: The Environmental Protection does it substitute a new federal What is the Ozone Transport Commission’s Agency proposes approval of New requirement. Memorandum of Understanding (OTC York’s State Implementation Plan (SIP) MOU)? Unfunded Mandates revision for ozone. This SIP revision Which States Signed the OTC MOU? Under section 202 of the Unfunded relates to New York’s portion of the What Does the OTC MOU Require? Mandates Reform Act of 1995 Ozone Transport Commission’s How Did States Meet the OTC MOU? September 27, 1994 Memorandum of How Did New York Meet the OTC MOU? (‘‘Unfunded Mandates Act’’), signed How Does New York’s Program Protect the into law on March 22, 1995, EPA must Understanding, which includes a regional nitrogen oxides budget and Environment? prepare a budgetary impact statement to How Will New York and EPA Enforce the accompany any proposed or final rule allowance (NOX Budget) trading Program? that includes a federal mandate that program that will significantly reduce When Did New York Propose and Adopt may result in estimated annual costs to NOX emissions generated within the the Program? State, local, or tribal governments in the Ozone Transport Region. Today’s action When Did New York Submit the Program aggregate; or to private sector, of $100 proposes approval of New York’s to EPA and What Did it Include? million or more. Under section 205, regulations which implement Phase II of What Other Significant Items Relate to the NOX Budget Trading Program to New York’s Program? EPA must select the most cost-effective Conclusion reduce NOX, and intends to help meet and least burdensome alternative that Administrative Requirements achieves the objectives of the rule and the national ambient air quality is consistent with statutory standard for ozone. EPA’s Action DATES: requirements. Section 203 requires EPA EPA must receive written What Action Is EPA Proposing Today? to establish a plan for informing and comments on or before November 15, advising any small governments that 1999. EPA proposes approval of a revision may be significantly or uniquely ADDRESSES: Address all comments to: to New York’s ozone State impacted by the rule. Raymond Werner, Acting Chief, Air Implementation Plan (SIP) which New EPA has determined that the Programs Branch, Environmental York submitted on April 29, 1999. This proposed conditional approval action Protection Agency, Region II Office, 290 SIP revision relates to New York’s new does not include a federal mandate that Broadway, 25th Floor, New York, New Subpart 227–3, ‘‘Pre-2003 Nitrogen may result in estimated annual costs of York 10007–1866. Oxides Emissions Budget and $100 million or more to either State, Copies of the state submittal and Allowance Program’’ regulation for New local, or tribal governments in the supporting documents are available for York’s NOX Budget Trading Program. aggregate, or to the private sector. This inspection during normal business Why Is EPA Proposing This Action? federal action approves pre-existing hours, at the following addresses: EPA is proposing this action to: requirements under State or local law, Environmental Protection Agency, • and imposes no new requirements. Give you the opportunity to submit Region II Office, Air Programs Branch, written comments on EPA’s proposed Accordingly, no additional costs to 290 Broadway, 25th Floor, New York, State, local, or tribal governments, or to action, as discussed in the DATES and New York 10007–1866. ADDRESSES sections the private sector, result from this New York State Department of • action. Fulfill New York’s and EPA’s Environmental Conservation, Division requirements under the Clean Air Act List of Subjects in 40 CFR Part 52 of Air Resources, 50 Wolf Road, (the Act) Albany, New York 12233. • Environmental protection, Air Make New York’s NOX Budget pollution control, Hydrocarbons, FOR FURTHER INFORMATION CONTACT: Trading Program federally-enforceable Intergovernmental relations, Nitrogen Richard Ruvo, Air Programs Branch, and available for credit toward the dioxide, Ozone, Reporting and Environmental Protection Agency attainment SIP. Region II, 290 Broadway, 25th Floor, recordkeeping requirements, Volatile What Is a Budget and Allowance organic compounds. New York, New York 10007–1866, (212) 637–4014. Trading Program? Authority: 42 U.S.C. 7401 et seq. SUPPLEMENTARY INFORMATION: Air emissions trading uses market Dated: September 30, 1999. forces to reduce the overall cost of William J. Muszynski, Overview compliance for sources, such as a power Acting Regional Administrator, Region 2. The Environmental Protection Agency plant, while maintaining emission [FR Doc. 99–26855 Filed 10–13–99; 8:45 am] (EPA) proposes approval of the New reductions and environmental benefits. BILLING CODE 6560±50±P York State Department of One type of market-based program is an

VerDate 12-OCT-99 15:46 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\14OCP1.XXX pfrm02 PsN: 14OCP1 55668 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules emissions budget and allowance trading and New York’s commitment for a • The reduction would vary by program, also commonly referred to as periodic program audit, EPA location, or zone, and use a two-phase a cap and trade program. determined New York will continue to region-wide trading program In a budget and allowance trading meet the reasonable further progress and • The reduction required by May 1, program, the state or EPA set a SIP attainment requirements. 1999 is the less stringent of the regulatory limit, or budget, on mass Also, EPA has determined that the following: emissions from a specific group of amendments and administrative a. The affected facilities in the inner sources. The state or EPA assigns or changes made to Part 200, Subpart 227– zone will reduce their NOX emission allocates allowances to the sources, 1, and Subpart 227–2 are consistent rate by 65% from the 1990 baseline, or authorizing emissions up to the level of with Subpart 227–3, and EPA’s emit NOX at a rate no greater than 0.20 the budget. Sources may sell or trade guidance. pounds per million Btu allowances with other sources, cost- A Technical Support Document b. The affected facilities in the outer effectively complying with the budget. (TSD), prepared in support of this zone will reduce their NOX emission The budget limits the total number of proposed action, contains the full rate by 55% from the 1990 baseline, or allocated allowances. The total effect is description of New York’s submittal and emit NOX at a rate no greater than 0.20 to reduce emissions. An example of a EPA’s evaluation. A copy of the TSD is pounds per million Btu budget and allowance trading program available upon request from the EPA • The reduction required by May 1, is EPA’s Acid Rain Program for reducing Regional Office listed in the ADDRESSES 2003 is the less stringent of the sulfur dioxide emissions. section. following: c. The affected facilities in the inner New York’s NOX Budget Trading What Guidance Did EPA Use To and outer zones will reduce their NO Program X Evaluate New York’s Program? emission rate by 75% from the 1990 In 1994, EPA issued Economic What Is the Ozone Transport baseline, or emit NOX at a rate no Incentive Program (EIP) rules and Commission’s Memorandum of greater than 0.15 pounds per million guidance (40 CFR part 51, subpart U), Understanding? Btu that outlines requirements for The Ozone Transport Commission d. The affected facilities in the establishing EIPs in cases where the Act (OTC) adopted a Memorandum of northern zone will reduce their NOX requires States adopt EIPs to meet the Understanding (MOU) on September 27, emission rate by 55% from the 1990 ozone and carbon monoxide standards 1994, which committed the signatory baseline, or emit NOX at a rate no in designated nonattainment areas. states to the development and proposal greater than 0.20 pounds per million Btu. There is no requirement for New York of a region-wide reduction in NOX to submit an EIP. However, since emissions, with one phase of reductions The inner zone consists of all subpart U also contains guidance on the by 1999 and another phase of reductions contiguous moderate and above development of voluntary EIPs, New by 2003. Since the Act required nonattainment areas in the OTC, except York followed the EIP guidance in the reasonably available control technology those located in Maine. The outer zone consists of the remainder of the OTC, development and submittal of its NOX (RACT) to reduce NOX emissions by Budget Trading Program. May of 1995, the OTC MOU refers to the except the northern zone. The northern zone consists of Maine, Vermont and EPA evaluated New York’s NOX reduction in NOX emissions by 1999 as Budget Trading Program to determine Phase II and the reduction in NOX New Hampshire (except for its moderate whether the Program meets the SIP emissions by 2003 as Phase III. and above nonattainment areas) and the requirements described in section 110 of northeastern attainment portion of New the Act. EPA also evaluated the Program Which States Signed the OTC MOU? York. using the EIP of 1994 as guidance for The OTC states include Maine, New New York must meet the voluntary EIPs, in coordination with Hampshire, Vermont, Massachusetts, requirements for the inner, outer and other guidance documents. Connecticut, Rhode Island, New York, northern zones. New Jersey, Pennsylvania, Maryland, What Is EPA’s Evaluation of New York’s How Did States Meet the OTC MOU? Delaware, the northern counties of Program? Virginia and the District of Columbia. First, after consideration of the EPA determined New York’s new All of the OTC jurisdictions, with the reductions required in the OTC MOU, Subpart 227–3 regulation for New exception of the Commonwealth of the OTC States developed a 1990 York’s NOX Budget Trading Program is Virginia, signed the September 27, 1994 baseline emission level and the consistent with EPA’s guidance. MOU. emission budgets for 1999 and 2003. Specifically, New York’s NOX Budget The NOX Budget Trading Program caps What Does the OTC MOU Require? Trading Program is consistent with NOX emissions in the Ozone Transport EPA’s EIP guidance of 1994. The OTC MOU requires a reduction in Region at 219,000 tons in 1999 and New York’s Subpart 227–3 contains ozone season (May 1 to September 30) 143,000 tons in 2003, less than half of provisions for definitions, program NOX emissions from utility and large the 1990 baseline emission level of applicability, opt-ins, annual allowance industrial combustion facilities within 490,000 tons. allocation, permitting, allowance the Ozone Transport Region. This Then, the OTC charged a Task Force transfer, allowance banking, early reduction furthers the effort to achieve of representatives from the OTC States, reduction credits, the NOX Allowance the health-based national ambient air organized through the Northeast States Tracking System, monitoring, quality standard for ozone. In the MOU, for Coordinated Air Use Management recordkeeping, reporting, end-of-season the OTC states agreed to propose (NESCAUM) and the Mid-Atlantic reconciliation, compliance certification, regulations for the control of NOX Regional Air Management Association excess emissions deduction, the emissions according to the following (MARAMA), with the task of developing program audit, and penalties. guidelines: a model rule to implement the program Given the documentation in the SIP • The level of required NOX defined by the OTC MOU. During 1995 submittal and the provisions of New reductions is from a 1990 baseline and 1996, the NESCAUM/MARAMA York’s NOX Budget Trading Program, emissions level NOX Budget Task Force worked with

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EPA, as well as representatives from in NOX emissions will, to some degree, New York’s NOX Budget Trading industry, utilities, and environmental reduce greenhouse gases and Program SIP revision included the groups, and developed a model rule as stratospheric ozone depletion. following elements: a template for OTC states to adopt their • New Subpart 227–3 How Will New York and EPA Enforce own rules to implement the OTC MOU. • Amended Part 200, Subpart 227–1 EPA’s EIP rules formed the general the Program? and 227–2 • regulatory framework for the model Under New York’s NOX Budget Source List and Allowance rule. The OTC issued the model rule on Trading Program, New York allocates Allocation File, as supporting May 1, 1996. The model rule was allowances to budget sources. Each information • intended to be used by the OTC states allowance permits a source to emit one Opt-in application and early to implement the Phase II reductions ton of NOX during the seasonal control reduction credit applications, as called for in the MOU. The model rule period. For each ton of NOX discharged supporting information. does not specifically include the in a given control period, EPA will What Other Significant Items Relate to implementation of Phase III. remove one allowance from the source’s New York’s Program? allowance account. The source, or any How Did New York Meet the OTC MOU? • New York’s NO other source will never use this X Budget Trading In accordance and consistent with the allowance again for compliance. This is Program SIP revision also fulfills the NESCAUM/MARAMA NOX Budget known as a retirement of the allowance. State’s commitments to adopt the NOX Budget Program with respect to the model rule issued in May 1996, New Allowances may be bought, sold, or York developed their regulation, new Alternative Ozone Attainment banked. Unused allowances may be Subpart 227–3 ‘‘Pre-2003 Nitrogen Demonstration submittals sent to EPA banked for future use, with limitation. Oxides Emissions Budget and on September 4, 1997 and November 27, Each budget source must comply with Allowance Program.’’ 1998. Subpart 227–3 includes reduction the program by demonstrating at the end • New York’s Subpart 227–3 of each control period that actual requirements to implement Phase II of currently contains the NOX emissions the OTC’s MOU. The regulation emissions do not exceed the amount of budget and allocation only for 1999 allowances held for that period. includes provisions for a regional NOX through the ozone season of 2002, However, regardless of the number of Budget Trading Program, and referred to as ‘‘Phase II’’ of the NOX allowances a source holds, it cannot establishes NOX emission allowances Budget Trading Program. emit at levels that would violate other for each NOX control period beginning However, the OTC MOU obligates federal or state limits, for example, May 1, 1999 through the NOX control New York to require its allowance period ending September 30, 2002 RACT, new source performance program sources to make specific standards, or Title IV. (Phase II). New York’s SIP submittal additional NOX reductions by May 1, identifies the budget sources and their The State and EPA will determine 2003 and continue to make reductions initial NOX allowance allocations. compliance by ensuring that allowances thereafter, i.e., ‘‘Phase III.’’ Additionally, held by a source at the end of each New York’s attainment demonstrations How Does New York’s Program Protect control period meet or exceed the will rely on the NOX reductions the Environment? emissions for that source for the given associated with the OTC program in Specific to New York, the NOX Budget control period. Source owners will 2003 and beyond to achieve attainment Program will result in NOX emissions monitor emissions by certified with the one hour ozone standard. reductions during the ozone season of monitoring systems and must report In the response to comments, January 46% between 1990 and 2002 from resulting data to EPA. Violations are 27, 1999 adoption documents, New applicable sources. In 1990, NOX also possible for not adhering to York said it remains committed to the emissions from NOX Budget sources monitoring, reporting and record OTC MOU Phase III emissions totaled more than 82,000 tons during keeping requirements. Lastly, the reductions beginning in 2003. New York the ozone season. In 1995, following federally-enforceable operating permits committed to implementing Phase III in New York’s NOX RACT rules, emissions for budget sources contain the its ‘‘April 1998 SIP submittal’’ to EPA. of NOX were reduced to about 52,300 applicable requirements of the NOX New York commits to implementing tons during the ozone season. The Budget Program. NOX control measures at least as adopted NOX Budget Program rules will When Did New York Propose and Adopt stringent as those called for in Phase III. further reduce NOX emissions to 46,959 the Program? In its current form, Subpart 227–3 is tons during the ozone seasons from approvable for 1999, 2000, 2001, and 1999 through 2002. The NOX Budget New York proposed their NOX Budget 2002. However, in order to meet the Program accounts for an additional 64 Trading Program on September 16, 1998 interstate MOU and for New York to tons per day of NOX reductions beyond and held public hearings on November meet its attainment demonstration NOX RACT in 1999 and 76 tons per day 2 and 4, 1998. New York requested commitments, New York will need to in 2002. public comments by November 9, 1998. amend their regulations to establish the In addition to contributing to New York adopted the NOX Budget NOX caps in the State during 2003 and attainment of the ozone standard, Trading Program on January 12, 1999 beyond. decreases of NOX emissions will also with an effective date of March 5, 1999. In September 1998, EPA issued the likely help improve the environment in final Regional Transport of Ozone Rule When Did New York Submit the several important ways. On a national (‘‘NOX SIP Call’’) requiring 22 eastern Program to EPA and What Did It scale, decreases in NOX emissions will States and the District of Columbia to Include? also decrease acid deposition, nitrates in submit SIP’s to address the regional drinking water, excessive nitrogen New York submitted its NOX Budget transport of ground-level ozone through loadings to aquatic and terrestrial Trading Program SIP revision to EPA on reductions in NOX. New York did not ecosystems, and ambient concentrations April 29, 1999. EPA determined the submit the April 29, 1999 SIP revision of nitrogen dioxide, particulate matter submittal administratively and for Subpart 227–3 to satisfy the and toxics. On a global scale, decreases technically complete on June 18, 1999. requirements of the NOX SIP Call.

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Therefore, in order to meet EPA’s NOX take effect on November 2, 1999. In the and timely input in the development of SIP Call, New York will need to submit interim, the current Executive Order regulatory policies on matters that an additional SIP revision that 12612, [52 FR 41685 (October 30, significantly or uniquely affect their establishes the NOX caps for the State 1987),] on federalism still applies. This communities.’’ during 2003 and beyond. rule will not have a substantial direct Today’s rule does not significantly or effect on States, on the relationship uniquely affect the communities of Conclusion between the national government and Indian tribal governments. Accordingly, EPA proposes approval of the New the States, or on the distribution of the requirements of section 3(b) of E.O. York SIP revision for Subpart 227–3, power and responsibilities among the 13084 do not apply to this rule. which implements Phase II of the OTC’s various levels of government, as Regulatory Flexibility Act MOU to reduce NOX. This SIP revision specified in Executive Order 12612. The implements New York’s NOX Budget rule affects only one State, and does not The Regulatory Flexibility Act (RFA) Trading Program. alter the relationship or the distribution generally requires an agency to conduct EPA requests public comment on the of power and responsibilities a regulatory flexibility analysis of any issues discussed in today’s action. EPA established in the Clean Air Act. rule subject to notice and comment rulemaking requirements unless the will consider all public comments Executive Order 13045 before taking final action. Interested agency certifies that the rule will not parties may participate in the Federal Protection of Children from have a significant economic impact on rulemaking procedure by submitting Environmental Health Risks and Safety a substantial number of small entities. written comments to the EPA Regional Risks (62 FR 19885, April 23, 1997), Small entities include small businesses, office listed in the ADDRESSES section. applies to any rule that: (1) Is small not-for-profit enterprises, and determined to be ‘‘economically small governmental jurisdictions. This Administrative Requirements significant’’ as defined under E.O. proposed rule will not have a significant Executive Order 12866 12866, and (2) concerns an impact on a substantial number of small environmental health or safety risk that entities because SIP approvals under The Office of Management and Budget EPA has reason to believe may have a section 110 and subchapter I, part D of (OMB) has exempted this regulatory disproportionate effect on children. If the Clean Air Act do not create any new action from review under Executive the regulatory action meets both criteria, requirements but simply approve Order (E.O.) 12866, entitled ‘‘Regulatory the Agency must evaluate the requirements that the State is already Planning and Review.’’ environmental health or safety effects of imposing. Therefore, because the Executive Order on Federalism the planned rule on children, and Federal SIP approval does not create explain why the planned regulation is any new requirements, I certify that this Under E.O. 12875, EPA may not issue preferable to other potentially effective action will not have a significant a regulation that is not required by and reasonably feasible alternatives economic impact on a substantial statute and that creates a mandate upon considered by the Agency. number of small entities. Moreover, due a state, local, or tribal government, This rule is not subject to E.O. 13045 to the nature of the Federal-State unless the Federal government provides because it is not an economically relationship under the Clean Air Act, the funds necessary to pay the direct significant regulatory action as defined preparation of flexibility analysis would compliance costs incurred by those by E.O. 12866, and it does not address constitute Federal inquiry into the governments. If the mandate is environmental health or safety risk that economic reasonableness of state action. unfunded, EPA must provide to the would have a disproportionate effect on The Clean Air Act forbids EPA to base Office of Management and Budget a children. its actions concerning SIPs on such description of the extent of EPA’s prior Executive Order 13084 grounds. Union Electric Co. v. U.S. EPA, consultation with representatives of 427 U.S. 246, 255–66 (1976); 42 U.S.C. affected state, local, and tribal Under E.O. 13084, EPA may not issue 7410(a)(2). governments, the nature of their a regulation that is not required by concerns, copies of written statute, that significantly or uniquely Unfunded Mandates communications from the governments, affects the communities of Indian tribal Under section 202 of the Unfunded and a statement supporting the need to governments, and that imposes Mandates Reform Act of 1995 issue the regulation. In addition, E.O. substantial direct compliance costs on (‘‘Unfunded Mandates Act’’), signed 12875 requires EPA to develop an those communities, unless the Federal into law on March 22, 1995, EPA must effective process permitting elected government provides the funds prepare a budgetary impact statement to officials and other representatives of necessary to pay the direct compliance accompany any proposed or final rule state, local, and tribal governments ‘‘to costs incurred by the tribal that includes a federal mandate that provide meaningful and timely input in governments. If the mandate is may result in estimated annual costs to the development of regulatory proposals unfunded, EPA must provide to the State, local, or tribal governments in the containing significant unfunded Office of Management and Budget, in a aggregate; or to private sector, of $100 mandates.’’ separately identified section of the million or more. Under section 205, Today’s rule does not create a preamble to the rule, a description of EPA must select the most cost-effective mandate on state, local or tribal the extent of EPA’s prior consultation and least burdensome alternative that governments. The rule does not impose with representatives of affected tribal achieves the objectives of the rule and any enforceable duties on these entities. governments, a summary of the nature is consistent with statutory Accordingly, the requirements of of their concerns, and a statement requirements. Section 203 requires EPA section 1(a) of E.O. 12875 do not apply supporting the need to issue the to establish a plan for informing and to this rule. regulation. In addition, E.O. 13084 advising any small governments that On August 4, 1999, President Clinton requires EPA to develop an effective may be significantly or uniquely issued a new executive order on process permitting elected officials and impacted by the rule. federalism, Executive Order 13132, [64 other representatives of Indian tribal EPA has determined that the FR 43255 (August 10, 1999),] which will governments ‘‘to provide meaningful proposed approval action does not

VerDate 12-OCT-99 15:46 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\14OCP1.XXX pfrm02 PsN: 14OCP1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Proposed Rules 55671 include a federal mandate that may DATES: Written comments must be DATES: Comments may be filed on or result in estimated annual costs of $100 received on or before November 15, before December 10, 1999. million or more to either State, local, or 1999. FOR FURTHER INFORMATION CONTACT: Eric tribal governments in the aggregate, or ADDRESSES: Mail written comments to Malinen or Helen G. Hillegass, Office of to the private sector. This federal action Narindar Kumar, Chief, RCRA Programs Communications Business approves pre-existing requirements Branch, Waste Management Division, Opportunities, Federal Communications under State or local law, and imposes U.S. Environmental Protection Agency, Commission, (202) 418–0990. no new requirements. Accordingly, no The Sam Nunn Atlanta Federal Center, ADDRESSES: additional costs to State, local, or tribal 61 Forsyth Street, SW, Atlanta, Georgia Federal Communications governments, or to the private sector, 30303–3104; (404) 562–8440. You can Commission, Office of Secretary, 445 result from this action. examine copies of the materials 12th Street, SW, Washington, DC 20554. submitted by Georgia during normal SUPPLEMENTARY INFORMATION: Each year List of Subjects in 40 CFR Part 52 business hours at the following an opportunity will be created for a Environmental protection, Air locations: EPA Region 4, Library, The review and comment by interested pollution control, Hydrocarbons, Sam Nunn Atlanta Federal Center, 61 parties on the Commission’s rules that Intergovernmental relations, Nitrogen Forsyth Street, SW, Atlanta, Georgia may require amendment or rescission. dioxide, Ozone, Reporting and 30303–3104, Phone number: (404) 562– What follows is the entire text of the recordkeeping requirements, Volatile 8190; or Georgia Department of Natural public notice, including the Appendix. organic compounds. Resources, Environmental Protection Public Notice Authority: 42 U.S.C. 7401 et seq. Division, 205 Butler Street, SE, Atlanta, Georgia 30334, Phone number: (404) FCC Seeks Comment Regarding Possible Dated: September 30, 1999. 656–2833. Revision or Elimination of Rules Under William J. Muszynski, FOR FURTHER INFORMATION CONTACT: the Regulatory Flexibility Act, 5 U.S.C. Acting Regional Administrator, Region 2. Narindar Kumar, Chief, RCRA Programs 610 [FR Doc. 99–26856 Filed 10–13–99; 8:45 am] Branch, Waste Management Division, Released: September 24, 1999. BILLING CODE 6560±50±U U.S. Environmental Protection Agency Comment Period Closes: December at the above address and phone number. 10, 1999. SUPPLEMENTARY INFORMATION: For ENVIRONMENTAL PROTECTION 1. Pursuant to the Regulatory additional information, please see the AGENCY Flexibility Act of 1980, see 5 U.S.C. 610, immediate final rule published in the the Federal Communications ‘‘Rules and Regulations’’ section of this 40 CFR Part 271 Commission (FCC) hereby publishes a Federal Register. plan for the review of rules issued by A. Stanley Meiburg, [FRL±6453±1] the agency in calendar years 1986, 1987, Acting Regional Administrator, Region 4. 1988, and 1989 which have, or might Georgia: Final Authorization of State [FR Doc. 99–26192 Filed 10–13–99; 8:45 am] have, a significant economic impact on Hazardous Waste Management BILLING CODE 6560±50±P a substantial number of small entities. Program Revisions The purpose of the review will be to determine whether such rules should be AGENCY: Environmental Protection FEDERAL COMMUNICATIONS continued without change, or should be Agency (EPA). COMMISSION amended or rescinded, consistent with ACTION: Proposed rule. the stated objectives of applicable 47 CFR Chapter I statutes, to minimize any significant SUMMARY: The EPA proposes to grant Possible Revision or Elimination of economic impact of such rules upon a final authorization to the hazardous substantial number of small entities. waste program revisions submitted by Rules 2. The accompanying Appendix lists Georgia. In the ‘‘Rules and Regulations’’ AGENCY: Federal Communications the FCC regulations to be reviewed section of this Federal Register, EPA is Commission. during the next twelve months. In authorizing the State’s program ACTION: Review of regulations under the succeeding years, as here, lists will be revisions as an immediate final rule Regulatory Flexibility Act; comment published for the review of regulations without prior proposal because EPA request. promulgated ten years preceding the views this action as noncontroversial year of review. and anticipates no adverse comments. SUMMARY: This document invites 3. In reviewing each rule under this The Agency has explained the reasons members of the public to comment on plan to minimize the possible for this authorization in the preamble to the Commission’s rules to be reviewed the immediate final rule. If EPA does pursuant to the Regulatory Flexibility significant economic impact on small not receive adverse written comments, Act of 1980. The purpose of the review entities, consistent with the stated the immediate final rule will become is to determine whether the rules, objectives of the applicable statutes, the effective and the Agency will not take published 1986 through 1989 as FCC will consider the following factors: further action on this proposal. If EPA contained in the Appendix, should be a. The continued need for the rule; receives adverse written comments, EPA continued without change, should be b. The nature of complaints or will withdraw the immediate final rule amended, or should be rescinded to comments received concerning the rule and it will not take effect. EPA will then minimize any significant impact of the from the public; address public comments in a later final rules upon a substantial number of c. The complexity of the rule; rule based on this proposal. EPA may small entities. Upon receipt of d. The extent to which the rule not provide further opportunity for comments from the public, comments overlaps, duplicates, or conflicts with comment. Any parties interested in will be evaluated, and action taken to other Federal rules, and, to the extent commenting on this action must do so rescind or amend the Commission’s feasible, with State and local at this time. rules, as required. governmental rules; and

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e. The length of time since the rule PART 1ÐPRACTICE AND Brief Description: This rule specifies has been evaluated or the degree to PROCEDURE that FCC Form 492 must be used when which technology, economic conditions, carriers file reports regarding interstate or other factors have changed in the area Subpart BÐHearing Proceedings rates of return, as required by part 65 of affected by the rule. the Commission’s Rules, 47 CFR part 65. Brief Description: The rules describe Need: Use of the specialized form, 4. Appropriate information has been how a fee must accompany written FCC Form 492, facilitates the collection provided for each rule, including a brief appearances filed with the Commission of data under part 65 of the description of the rule and the need for in certain cases designated for hearing, Commission’s rules. and legal basis of the rule. The public including comparative broadcast Legal Basis: 47 U.S.C. 154(i), 154(j), is invited to comment on the rules proceedings involving applicants for 205. chosen for review by December 10, new facilities. Section Number and Title: 1999. All relevant and timely comments Need: The rules facilitate fee 1.795 Reports regarding interstate rates will be considered by the FCC before collection procedures for certain fees of return final action is taken in this proceeding. required by statute. To file formally in this proceeding, Legal Basis: 47 U.S.C. 154(i), 154(j), Subpart FÐWireless Radio Services participants should file an original and 158(f), 303(r). Applications Proceedings four copies of all comments. Comments Section Number and Title: Brief Description: These rules should be sent to the Office of the 1.221(f) Notice of hearing; appearances Secretary, Federal Communications establish the requirements and 1.221(g) Notice of hearing; conditions under which domestic Commission, 445 12th Street, SW, appearances Washington, DC 20554. Comments will common carrier radio stations may be be available for public inspection during Subpart CÐRulemaking Proceedings licensed in the Wireless Radio Services. regular business hours in the FCC Need: These rules are promulgated to ensure the most effective and efficient Reference Center of the Federal Brief Description: This rule permits use of the radio spectrum the Communications Commission, 445 12th the Commission, during the course of Commission regulates. These rules are Street, SW, Washington, DC 20554. rulemakings to amend the tables of allotments for FM or TV broadcast necessary to ensure that the Federal Communications Commission. stations in order to modify the license Commission maintains consistency, Magalie Roman Salas, or permit of the affected entity to fairness, and accuracy in its licensing Secretary. specify a new community of license, responsibilities. under certain circumstances. Legal Basis: 47 U.S.C. 154, 222, 301, Appendix Need: The rule permits the above 303, 309, 332. procedure only in instances where the Section Number and Title: List of Rules for Review Pursuant to new allotment would be mutually 1.903 Authorization required the Regulatory Flexibility Act of 1980, 5 exclusive with the existing allotment. 1.913 Application forms; electronic U.S.C. 610, for 1996, 1997, 1998, 1999. Without the procedure, licensees and and manual filing All listed rules are in Title 47 of the permittees might be deterred from 1.919 Ownership information Code of Federal Regulations. seeking improvements to technical 1.923 Content of applications TITLE 47 OF THE CODE OF FEDERAL facilities that would require a 1.926 Application processing; initial REGULATIONS modification of the community of procedures license. 1.929 Classification of filings as major PART 0ÐCOMMISSION Legal Basis: 47 U.S.C. 154(i), 303(r), or minor ORGANIZATION 307. 1.931(b)(11) Application for special Section Number and Title: temporary authority Subpart CÐGeneral Information 1.933 Public notices 1.420(i) Additional procedures in 1.945 License grants proceedings for amendment of the 1.946 Construction and coverage Brief Description: This rule describes FM or TV Tables of Allotments requirements the procedures to be followed in filing 1.948 Assignment of authorization or applications or other filings requiring a Subpart EÐComplaints, Applications, transfer of control, notification of fee under part 1, subpart G of the Tariffs, and Reports Involving Common Carriers consummation Commission’s Rules, 47 CFR 1.1101 1.955 Termination of authorizations through 1.1182. The subpart G rules Brief Description: This rule describes pertain to statutory filing and regulatory requirements for formal complaint Subpart GÐSchedule of Statutory fees. The rule here listed elaborates on proceedings, including content Charges and Procedures for Payment the procedures, including issues of requirements for pleadings and other timing, means, and filing locations, to Brief Description: These rules specify documents. The rule includes standards that a filing fee will be returned or be used in conjunction with such for documenting legal and factual applications or other filings. refunded when the application for new sources relied upon, and a requirement or modified facilities is not timely filed Need: This rule facilitates efficient that the filing attorney or other filing in accordance with the filing window; and uniform filing procedures in the party be identified. they also specify the circumstances implementation of fee statutes. Need: The rule promotes a more under which applicants in the Mass Legal Basis: 47 U.S.C. 154(i), 154(j), complete record for the effective and Media Services designated for 303(r). efficient disposition of complaints. comparative hearings need pay no Legal Basis: 47 U.S.C. 151, 154(i), 208, Section Number and Title: hearing fee, or are entitled to a refund 403. of the hearing fee. 0.401(b) Location of Commission Section Number and Title: Need: In implementing statutory Offices 1.720 General pleading requirements requirements for the fee program, these

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Office Government frequencies Section Number and Title: 1.1918 Use of consumer reporting 2.104 International Table of Frequency agencies 1.1113(a)(6) Return or refund of Allocations 1.1919 Contracting for collection charges 2.105 United States Table of services 1.1113(b) Return or refund of charges Frequency Allocations Brief Description: This rule specifies 1.1925 Purpose 1.1926 Scope 2.106 Table of Frequency Allocations that reconsideration or review of FCC 2.107 Radio astronomy station Fee Section staff action is available only 1.1927 Notification 1.1928 Hearing notification when the applicant has made full and 2.108 Policy regarding the use of the proper fee payment, and the fee 1.1929 Deduction from pay 1.1930 Liquidation from final check or fixed-satellite allocations in the payment has not failed while the recovery from other payment 3.6–3.7, 4.5–4.8, and 5.85–5.925 Commission considers the matter. 1.1931 Non-waiver of rights by GHz bands Need: The rule facilitates the efficient payments functioning of the fee program in this 1.1932 Refunds Subpart KÐImportation of Devices context. Without the rule, the failure to 1.1933 Interest, penalties and Capable of Causing Harmful include full and proper payment along administrative costs Interference with the request would needlessly delay 1.1934 Recovery when paying agency Brief Description: These rules update the Commission’s processes and is not creditor agency current rules to better accomplish increase the paperwork burden on the 1.1935 Obtaining the services of a interference prevention from radio- staff. hearing official Legal Basis: 47 U.S.C. 154(i), 158. 1.1940 Assessment frequency devices and facilitate the Section Number and Title: 1.1941 Exemptions filing of FCC Form 740 (Importation) 1.1118(b) Error claims 1.1942 Other sanctions information. 1.1950 Reporting discharged debts to Need: These rules are promulgated to Subpart OÐCollection of Claims Owed the Internal Revenue Service control criteria thereby reducing filing the United States 1.1951 Offset against tax refunds and handling burden on both importers Brief Description: These rules 1.1952 Interagency requests and the government and facilitates implement the Debt Collection conversion to a method of electronic PART 2ÐFREQUENCY ALLOCATIONS Improvement Act of 1982, including the filing of importation information in AND RADIO TREATY MATTERS; use of administrative and salary offsets, cooperation with the U.S. Customs GENERAL RULES AND REGULATIONS reporting of delinquent individual Service. debtors to consumer reporting agencies, Legal Basis: 47 U.S.C. 154(i), 302, Subpart BÐAllocation, Assignment, the assessment of interest, penalties, 303(r). and Use of Radio Frequencies administrative and other sanctions Section Number and Title: 2.1201 Purpose against delinquent debtors, the issuance Brief Description: These rules display 2.1202 Exclusions of contracts to private collection the Table of Frequency Allocations, 2.1203 General requirement for entry services for the recovery of money owed which sets forth a ‘‘road map’’ of the into the U.S.A. to the United States, and the procedures service allocations of radio frequency 2.1205 Filing of required declaration to be followed in referring delinquent spectrum throughout the world. The 2.1207 Examination of imported debts to the Department of Treasury for Table of Allocations also indicates how equipment collection by offsets against tax refunds spectrum is allocated among Federal owed to the particular debtor. Government users, who are subject to PART 15ÐRADIO FREQUENCY Need: These rules implement the Debt the regulatory jurisdiction of the DEVICES Collection Act of 1982. Department of Commerce’s National Legal Basis: 31 U.S.C. 3701, 3711, et Telecommunications and Information Brief Description: These rules provide seq.; 5 U.S.C. 5514. Administration, and non-Federal users, the parameters necessary to permit the Section Number and Title: who are subject to the Commission’s unlicensed operation of radio frequency 1.1901 Definitions jurisdiction. The table further shows the devices. 1.1902 Exceptions services to which the various spectrum Need: These rules are necessary to 1.1903 Use of procedures bands are allocated. The precise promote the efficient use of the radio 1.1904 Conformance to law and technical rules governing each service spectrum by preventing harmful regulations interference to licensed radio services 1.1905 Other procedures; collection of regulated by the Commission, however, that share the same or nearby spectrum. forfeiture penalties are set forth in the several other parts of 1.1906 Informal action the Commission’s rules. Such licensed services include 1.1907 Return of property Need: These rules are promulgated to broadcast, cellular, safety-of-life 1.1908 Omissions not a defense promote the efficient use of the radio communications, U.S. Government 1.1911 Demand for payment spectrum in order to prevent harmful operations, and others. The rules specify 1.1912 Collection by administrative interference among users of radio standards regarding the levels of wanted offset frequencies, to ensure safety of life and and unwanted emissions and 1.1913 Administrative offset against property, and to promote frequencies of permitted operation. amounts payable from Civil Service interoperability among radio Legal Basis: 47 U.S.C. 154, 302, 303, Retirement and Disability Fund frequencies throughout the world. 304, 307, 544A.

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Section Number and Title: 15.221 Operation in the band 525– fixed radio services. These rules list 1705 kHz standard procedures for specific types of Subpart AÐGeneral 15.223 Operation in the band 1.705–10 forms, specific types of applications, 15.1 Scope of this part MHz filing fees, and all other instructions 15.3 Definitions 15.225 Operation within the band applicable to filing for applications and 15.5 General conditions of operation 13.553–13.567 MHz licenses. 15.7 Special temporary authority 15.227 Operation within the band Legal Basis: 47 U.S.C. 151, 154, 201, 15.9 Prohibition against eavesdropping 26.96–27.28 MHz 202, 203, 204, 205, 208, 215, 218, 303, 15.11 Cross reference 15.229 Operation within the band 307, 313, 314, 403, 404, 552, 554, 602. 15.13 Incidental radiators 40.66–40.70 MHz Section Number and Title: 15.15 General technical requirements 15.231 Periodic operation in the band 21.15 Technical content of 15.17 Susceptibility to interference 40.66–40.70 MHz and above 70 applications 15.19 Labeling requirements MHz 21.19 Waiver of rules 15.21 Information to user 15.233 Operation within the bands 21.27 Public notice period 15.23 Home-built devices 43.71–44.49 MHz, 46.60–46.98 21.31 Mutually exclusive applications 15.25 Kits MHz, 48.75–49.51 MHz and 49.66– 21.38 Assignment or transfer of station 15.27 Special accessories 50.0 MHz authorization 15.29 Inspection by the Commission 15.235 Operation within the band 21.40 Modification of station license 15.31 Measurement standards 49.82–49.90 MHz 21.41 Special processing of 15.32 Test procedures for CPU boards 15.237 Operation in the bands 72.0– applications for minor facility and computer power supplies 73.0 MHz, 74.6–74.8 MHz and modifications 15.33 Frequency range of radiated 75.2–76.0 MHz 21.42 Certain modifications not measurements 15.239 Operation in the band 88–108 requiring prior authorization 15.35 Measurement detector functions MHz and bandwidths 15.243 Operation in the band 890–940 Subpart CÐTechnical Standards 15.37 Transition provisions for MHz Brief Description: These rules compliance with the rules 15.245 Operation within the bands prescribe technical operating standards 902–928 MHz, 2435–2465 MHz, Subpart BÐUnintentional Radiators for stations in the domestic public fixed 5785–5815 MHz, 10500–10550 radio services. 15.101 Equipment authorization of MHz, and 24075–24175 MHz Need: These rules provide technical unintentional radiators 15.247 Operation within the bands standards and procedures for station 15.102 CPU boards and power 902–928 MHz, 2400–2483.5 MHz, antenna usage and structure, zone supplies used in personal and 5725–5850 MHz restrictions, and all other applicable computers 15.249 Operation within the bands information. 15.103 Exempted devices 902–928 MHz, 2400–2483.5 MHz, Legal Basis: 47 U.S.C. 151, 154, 201, 15.105 Information to the user 5725–5875 MHz, and 24.0–24.25 202, 203, 204, 205, 208, 215, 218, 303, 15.107 Conducted limits GHz 307, 313, 314, 403, 404, 552, 554, 602. 15.109 Radiated emission limits 15.251 Operation within the bands Section Number and Title: 15.111 Antenna power conduction 2.9–3.26 GHz, 3.267–3.332 GHz, 21.100 Frequencies limits for receivers 3.339–3.3458 GHz, and 3.358–3.6 21.106 Emission limitations 15.113 Power line carrier systems GHz 21.107 Transmitter power 15.115 TV interface devices, including cable system terminal devices PART 21ÐDOMESTIC PUBLIC FIXED Subpart EÐMiscellaneous 15.117 TV broadcast receivers RADIO SERVICES 15.118 Cable ready consumer Brief Description: These rules electronics equipment Subpart AÐGeneral prescribe miscellaneous procedures 15.119 Closed caption decoder applicable to domestic public fixed Brief Description: These rules radio services. requirements for television prescribe filing requirements applicable receivers Need: These rules provide answers to to all services regulated under part 21. specific notices; provide instructions to Subpart CÐIntentional Radiators Need: The purpose of these rules is to certain summaries and reports; and distinguish the availability of radio provide filing instructions with the 15.201 Equipment authorization spectrum for domestic communication Commission. requirement common carrier and Multipoint Legal Basis: 47 U.S.C. 151, 154, 201, 15.203 Antenna requirement Distribution Service. 202, 203, 204, 205, 208, 215, 218, 303, 15.205 Restricted bands of operation Legal Basis: 47 U.S.C. 151, 154, 201, 307, 313, 314, 403, 404, 552, 554, 602. 15.207 Conducted limits 202, 203, 204, 205, 208, 215, 218, 303, Section Number and Title: 15.209 Radiated emission limits; 307, 313, 314, 403, 404, 552, 554, 602. 21.303 Discontinuance, reduction or general requirements Section Number and Title: impairment of service 15.211 Tunnel radio systems 21.1 Scope and authority 15.213 Cable locating equipment Subpart KÐMultipoint Distribution 15.214 Cordless telephones Subpart BÐApplications and Licenses Service 15.215 Additional provisions to the general radiated emission Brief Description: These rules Brief Description: These rules limitations prescribe filing requirements of prescribe procedures for Multipoint 15.217 Operation in the band 160–190 applications and licenses. Distribution Service (MDS) licensees in kHz Need: These rules provide general the domestic public fixed radio services. 15.219 Operation in the band 510– filing requirements and procedures of Need: These rules are established to 1705 kHz application forms for domestic public provide procedures for common carrier

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MDS licensees. These rules supply Subpart EÐPaging and 22.873 Construction period for requirements for cable television and Radiotelephone Service commercial aviation air-ground the competitive bidding process; systems instructions for specific application 22.511 Construction period for the forms, partitioned service areas, basic Paging and Radiotelephone Service Subpart HÐCellular Radiotelephone trading areas, and all other procedures 22.529 Application requirements for Service applicable to MDS. the Paging and Radiotelephone Service 22.901 Cellular service requirements Legal Basis: 47 U.S.C. 151, 154, 201, 22.531 Channels for paging operation and limitations 202, 203, 204, 205, 208, 215, 218, 303, 22.535 Effective radiated power limits 22.913 Effective radiated power limits 307, 313, 314, 403, 404, 552, 554, 602. 22.537 Technical channel assignment 22.923 Cellular system configuration Section Number and Title: criteria 22.925 Prohibition on airborne 21.910 Special procedures for 22.559 Paging application operation of cellular telephones discontinuance, reduction or requirements 22.937 Demonstration of financial impairment of service by common 22.561 Channels for one-way or two- qualifications carrier MDS licensees way mobile operation 22.946 Service commencement and 22.563 Provisions of rural construction periods for cellular PART 22ÐPUBLIC MOBILE SERVICES radiotelephone service upon systems request Brief Description: These rules 22.565 Transmitting power limits Subpart IÐOffshore Radiotelephone establish the requirements and 22.567 Technical channel assignment Service conditions under which domestic criteria 22.1035 Construction period common carrier radio stations may be 22.589 One-way or two-way 22.1037 Application requirements for licensed and used in the Public Mobile application requirements Radio Services. 22.591 Channels for point-to-point offshore stations Need: These rules are promulgated to operation PART 32ÐUNIFORM SYSTEM OF ensure the most effective and efficient 22.593 Effective radiated power limits ACCOUNTS FOR use of the radio spectrum the 22.599 Assignment of 72–76 MHz TELECOMMUNICATIONS COMPANIES Commission regulates. These rules are channels necessary to ensure that the 22.601 Assignment of microwave Brief Description: This rule Commission maintains consistency, channels establishes the Uniform System of fairness, and accuracy in its licensing 22.603 488–494 MHz fixed service in Accounts, a financial based system responsibilities. Hawaii maintained in sufficient detail to 22.621 Channels for point-to- Legal Basis: 47 U.S.C. 154, 222, 303, facilitate recurrent regulatory decision multipoint operation 309, 332. making without undue reliance on ad 22.623 System configuration hoc information requests and special Section Number and Title: 22.625 Transmitter locations studies. It also provides a stable 22.627 Effective radiated power limits Subpart AÐScope and Authority platform that accepts different costing 22.651 470–512 MHz channels for methodologies and accommodates 22.3 Authorization required trunked mobile operation improvements to separations and 22.653 Eligibility settlements processes. Subpart BÐLicensing Requirements 22.655 Channel usage Need: This rule implements the and Procedures 22.657 Transmitter locations Uniform System of Accounts. 22.659 Effective radiated power limits Legal Basis: 47 U.S.C. 154, 219, 220. 22.107 General application Subpart FÐRural Radiotelephone requirements Subpart AÐPreface Service 22.131 Procedures for mutually Section Number and Title: exclusive applications 22.702 Eligibility 22.143 Construction prior to grant of 22.709 Rural radiotelephone service 32.1 Background application application requirements 32.2 Basis of the accounts 32.3 Authority 22.144 Termination of authorizations 22.711 Provision of information to 32.4 Communications Act 22.150 Standard pre-filing technical applicants 22.713 Construction period for rural coordination procedure Subpart BÐGeneral Instructions radiotelephone stations Subpart CÐOperational and Technical 22.719 Additional channel policy for Section Number and Title: Requirements rural radiotelephone stations 32.11 Classification of companies 22.725 Channels for conventional rural 32.12 Records 22.351 Channel assignment policy radiotelephone stations 32.13 Accounts—general 22.352 Protection from interference 22.729 Meteor burst propagation 32.14 Regulated accounts 22.353 Blanketing interference modes 32.15 [Reserved.] 22.757 Channels for basic exchange 22.367 Wave polarization 32.16 Changes in accounting standards telephone radio systems 32.17 Interpretation of accounts Subpart DÐDevelopmental Subpart GÐAir-Ground 32.18 Waivers Authorizations Radiotelephone Service 32.19 Address for reports and correspondence 22.411 Developmental authorization of 22.809 Transmitting power limits 32.20 Numbering convention 43 MHz paging transmitters 22.811 Idle tone 32.21 Sequence of accounts 22.413 Developmental authorization of 22.815 Construction period for general 32.22 Comprehensive interperiod tax 72–76 MHz fixed transmitters aviation ground stations allocation

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32.23 Nonregulated activities 32.2112 Motor vehicles 32.4070 Income taxes—accrued 32.24 Compensated absences 32.2113 Aircraft 32.4080 Other taxes—accrued 32.25 Unusual items and contingent 32.2114 Special purpose vehicles 32.4100 Net current deferred operating liabilities 32.2115 Garage work equipment income taxes 32.26 Materiality 32.2116 Other work equipment 32.4110 Net current deferred 32.27 Transactions with affiliates 32.2121 Buildings nonoperating income taxes 32.2122 Furniture 32.4120 Other accrued liabilities Subpart CÐInstructions For Balance 32.2123 Office equipment 32.4130 Other current liabilities Sheet Accounts 32.2124 General purpose computers 32.4210 Funded debt 32.2210 Central office—switching 32.4220 Premium on long-term debt Section Number and Title: 32.2211 Analog electronic switching 32.101 Structure of the balance sheet 32.4230 Discount on long-term debt 32.2212 Digital electronic switching 32.4240 Reacquired debt accounts 32.2215 Electro-mechanical switching 32.102 Nonregulated investments 32.4250 Obligations under capital 32.2220 Operator systems leases 32.103 Balance sheet accounts for 32.2230 Central office—transmission 32.4260 Advances from affiliated other than regulated-fixed assets to 32.2231 Radio systems companies be maintained 32.2232 Circuit equipment 32.1120 Cash and equivalents 32.2310 Information origination/ 32.4270 Other long-term debt 32.1130 Cash termination 32.4310 Other long-term liabilities 32.1140 Special cash deposits 32.2311 Station apparatus 32.4320 Unamortized operating 32.1150 Working cash advances 32.2321 Customer premises wiring investment tax credits—net 32.1160 Temporary investments 32.2341 Large private branch 32.4330 Unamortized nonoperating 32.1180 Telecommunications accounts exchanges investment tax credits—net receivable 32.2351 Public telephone terminal 32.4340 Net noncurrent deferred 32.1181 Accounts receivable equipment operating income taxes allowance—telecommunications 32.2362 Other terminal equipment 32.4350 Net noncurrent deferred 32.1190 Other accounts receivable 32.2410 Cable and wire facilities nonoperating income taxes 32.1191 Accounts receivable 32.2411 Poles 32.4360 Other deferred credits allowance—other 32.2421 Aerial cable 32.4370 Other jurisdictional liabilities 32.1200 Notes receivable 32.2422 Underground cable and deferred credits—net 32.1201 Notes receivable allowance 32.2423 Buried cable 32.4510 Capital stock 32.1210 Interest and dividends 32.2424 Submarine cable 32.4520 Additional paid-in capital receivable 32.2425 Deep sea cable 32.4530 Treasury stock 32.1220 Inventories 32.2426 Intrabuilding network cable 32.4540 Other capital 32.1280 Prepayments 32.2431 Aerial wire 32.4550 Retained earnings 32.2441 Conduit systems 32.1290 Prepaid rents Subpart DÐInstructions for Revenue 32.1300 Prepaid taxes 32.2680 Amortizable tangible assets 32.2681 Capital leases Accounts 32.1310 Prepaid insurance 32.2682 Leasehold improvements 32.1320 Prepaid directory expenses Section Number and Title: 32.2690 Intangibles 32.1330 Other prepayments 32.3000 Instructions for balance sheet 32.4999 General 32.1350 Other current assets accounts—depreciation and 32.5000 Basic local service revenue 32.1401 Investments in affiliated amortization 32.5001 Basic area revenue companies 32.3100 Accumulated depreciation 32.5002 Optional extended area 32.1402 Investments in nonaffiliated 32.3200 Accumulated depreciation— revenue companies held for future telecommunications 32.5003 Cellular mobile revenue 32.1406 Nonregulated investments use 32.5004 Other mobile services revenue 32.1407 Unamortized debt issuance 32.3300 Accumulated depreciation— 32.5010 Public telephone revenue expense nonoperating 32.5040 Local private line revenue 32.1408 Sinking funds 32.3400 Accumulated amortization— 32.5050 Customer premises revenue 32.1410 Other noncurrent assets tangible 32.5060 Other local exchange revenue 32.1438 Deferred maintenance and 32.3410 Accumulated amortization— 32.5069 Other local exchange revenue retirements capitalized leases settlements 32.1439 Deferred charges 32.3420 Accumulated amortization— 32.5080 Network access revenue 32.1500 Other jurisdictional assets— leasehold improvements 32.5081 End user revenue net 32.3500 Accumulated amortization— 32.5082 Switched access revenue 32.2000 Instructions for intangible 32.5083 Special access revenue telecommunications plant accounts 32.3600 Accumulated amortization— 32.5084 State access revenue 32.2001 Telecommunications plant in other 32.5100 Long distance message service 32.4000 Instructions for balance sheet revenue 32.2002 Property held for future accounts—liabilities and 32.5110 Unidirectional long distance telecommunications use stockholders’ equity revenue 32.2003 Telecommunications plant 32.4010 Account payable 32.5111 Long distance inward-only under construction 32.4020 Notes payable revenue 32.2005 Telecommunications plant 32.4030 Advance billing and payments 32.5112 Long distance outward-only adjustment 32.4040 Customers’ deposits revenue 32.2006 Nonoperating plant 32.4050 Current maturities—long-term 32.5120 Long distance private network 32.2007 Goodwill debt revenue 32.2110 Land and support assets 32.4060 Current maturities—capital 32.5121 Subvoice grade long distance 32.2111 Land leases private network revenue

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32.5122 Voice grade long distance 32.6310 Information origination/ 32.6790 Provision for uncollectible private network revenue termination expenses notes receivable 32.5123 Audio program grade long 32.6311 Station apparatus expense distance private network revenue 32.6341 Large private branch exchange Subpart FÐInstructions for Other 32.5124 Video program grade long expense Income Accounts 32.6351 Public telephone terminal distance private network revenue Section Number and Title: 32.5125 Digital transmission long equipment expense distance private network revenue 32.6362 Other terminal equipment 32.6999 General 32.5126 Long distance private network expense 32.7099 Content of accounts switching revenue 32.6410 Cable and wire facilities 32.7100 Other operating income and 32.5128 Other long distance private expenses expenses network revenue 32.6411 Poles expense 32.7110 Income from custom work 32.5129 Other long distance private 32.6421 Aerial cable expense 32.7130 Return from nonregulated use network revenue settlements 32.6422 Underground cable expense of regulated facilities 32.5160 Other long distance revenue 32.6423 Buried cable expense 32.7140 Gains and losses from foreign 32.5169 Other long distance revenue 32.6424 Submarine cable expense exchange settlements 32.6425 Deep sea cable expense 32.7150 Gains and losses from 32.5200 Miscellaneous revenue 32.6426 Intrabuilding network cable disposition of land and artworks 32.5230 Directory revenue expense 32.7160 Other operating gains and 32.5240 Rent revenue 32.6431 Aerial wire expense losses 32.5250 Corporate operations revenue 32.6441 Conduit systems expense 32.7199 Content of accounts 32.5260 Miscellaneous revenue 32.6510 Other property, plant and 32.7200 Operating taxes 32.5261 Special billing arrangements equipment expenses 32.7210 Operating investment tax revenue 32.6511 Property held for future credits—net 32.5262 Customer operations revenue telecommunications use expense 32.7220 Operating Federal income 32.5263 Plant operations revenue 32.6512 Provisioning expense taxes 32.5264 Other incidental regulated 32.6530 Network operations expenses 32.7230 Operating state and local revenue 32.6531 Power expense income taxes 32.5269 Other revenue settlements 32.6532 Network administration 32.7240 Operating other taxes 32.5270 Carrier billing and collection expense 32.7250 Provision for deferred revenue 32.6533 Testing expense operating income taxes—net 32.5280 Nonregulated operating 32.6534 Plant operations 32.7299 Content of accounts revenue administration expense 32.7300 Nonoperating income and 32.5300 Uncollectible revenue 32.6535 Engineering expense expense 32.5301 Uncollectible revenue— 32.6540 Access expense 32.7310 Dividend income telecommunications 32.6560 Depreciation and amortization 32.7320 Interest income 32.5302 Uncollectible revenue—other expenses 32.7330 Income from sinking and 32.6561 Depreciation expense— other funds Subpart EÐInstructions for Expense telecommunications plant in 32.7340 Allowance for funds used Accounts service during construction 32.6562 Depreciation expense— 32.7350 Gains or losses from the Section Number and Title: property held for future disposition of certain property 32.5999 General telecommunications 32.7360 Other nonoperating income 32.6110 Network support expenses 32.6563 Amortization expense— 32.7370 Special charges 32.6112 Motor vehicle expense tangible 32.7399 Content of accounts 32.6113 Aircraft expense 32.6564 Amortization expense— 32.7400 Nonoperating taxes 32.6114 Special purpose vehicles intangible 32.7410 Nonoperating investment tax expense 32.6565 Amortization expense—other credits—net 32.6115 Garage work equipment 32.6610 Marketing 32.7420 Nonoperating Federal income expense 32.6611 Product management taxes 32.6116 Other work equipment 32.6612 Sales 32.7430 Nonoperating state and local expense 32.6613 Product advertising income taxes 32.6120 General support expenses 32.6620 Services 32.7440 Nonoperating other taxes 32.6121 Land and building expense 32.6621 Call completion services 32.7450 Provision for deferred 32.6122 Furniture and artworks 32.6622 Number services nonoperating income taxes—net expense 32.6623 Customer services 32.7499 Content of accounts 32.6123 Office equipment expense 32.6710 Executive and planning 32.7500 Interest and related items 32.6124 General purpose computers 32.6711 Executive 32.7510 Interest on funded debt expense 32.6712 Planning 32.7520 Interest expense—capital 32.6210 Central office switching 32.6720 General and administrative leases expenses 32.6721 Accounting and finance 32.7530 Amortization of debt issuance 32.6211 Analog electronic expense 32.6722 External relations expense 32.6212 Digital electronic expense 32.6723 Human resources 32.7540 Other interest deductions 32.6215 Electro-mechanical expense 32.6724 Information management 32.7599 Content of accounts 32.6220 Operator systems expense 32.6725 Legal 32.7600 Extraordinary items 32.6230 Central office transmission 32.6726 Procurement 32.7610 Extraordinary income credits expenses 32.6727 Research and development 32.7620 Extraordinary income charges 32.6231 Radio systems expense 32.6728 Other general and 32.7630 Current income tax effect of 32.6232 Circuit equipment expense administrative extraordinary items—net

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32.7640 Provision for deferred income 36.154 Exchange line Cable and Wire 36.331 Information origination/ tax effect of extraordinary items— Facilities (C&WF)—Category 1— termination expenses—Account net apportionment procedures 6310 32.7899 Content of accounts 36.155 Wideband and exchange truck 36.341 Cable and wire facilities 32.7910 Income effect of jurisdictional (C&WF)—Category 2— expenses—Account 6410 rate-making differences—net apportionment procedures 36.351 General 32.7990 Nonregulated net income 36.156 Interexchange Cable and Wire 36.352 Other property plant and Facilities (C&WF)—Category 3— equipment expenses—Account Subpart GÐGlossary apportionment procedures 6510 Section Number and Title: 36.157 Host/remote message Cable and 36.353 Network operations expenses— 32.9000 Glossary of terms Wire Facilities (C&WF)—Category Account 6530 4—apportionment procedures 36.354 Access expenses—Account PART 36ÐJURISDICTIONAL 36.161 Tangible assets—Account 2680 6540 SEPARATIONS PROCEDURES; 36.162 Intangible assets—Account 36.361 Depreciation and amortization STANDARD PROCEDURES FOR 2690 expenses—Account 6560 SEPARATING 36.171 Property held for future 36.371 General TELECOMMUNICATIONS PROPERTY telecommunications use—Account 36.372 Marketing—Account 6610 COSTS, REVENUES, EXPENSES, 2002; Telecommunications plant 36.373 Services—Account 6620 TAXES AND RESERVES FOR under construction—Account 2003; 36.374 Telephone operator services TELECOMMUNICATIONS COMPANIES and Telecommunications plant 36.375 Published directory listing adjustment—Account 2005 36.376 All other Brief Description: This rule 36.172 Investment in nonaffiliated 36.377 Category 1—Local business establishes a system of accounting that companies—Account 1402 office expense separates the costs of regulated and 36.181 Material and supplies— 36.378 Category 2—Customer services nonregulated activities of telephone Account 1220 (revenue accounting) 36.379 Message processing expense companies and their affiliates. These 36.182 Cash working capital 36.380 Other billing and collecting measures were implemented to prevent 36.191 Equal access equipment cross subsidization or inaccurate expense allocations of common costs between Subpart CÐOperating Revenues and 36.381 Carrier access charge billing regulated and nonregulated activities. Certain Income Accounts and collecting expense Need: This rule separates the costs of 36.382 Category 3—All other customer regulated and non-regulated activities of Section Number and Title: services expense telephone companies. 36.201 Section arrangement 36.391 General Legal Basis: Sec. 4; 48 Stat. 1066, as 36.202 General 36.392 Executive and planning— amended; 47 U.S.C. 154. Secs. 219, 220; 36.211 General Account 6710; and General and 48 Stat. 1077 as amended, 1078; 47 36.212 Basic local services revenue— administrative—Account 6720 U.S.C. 219, 220. Account 5000 36.411 Operating taxes—Account 7200 36.213 Network access services 36.412 Apportionment procedures Subpart AÐGeneral revenues 36.421 Equal access expenses 36.214 Long distance message Section Number and Title: Subpart EÐReserves and Deferrals 36.1 General revenue—Account 5100 36.2 Fundamental principles 36.215 Miscellaneous revenue— Section Number and Title: underlying procedures Account 5200 36.501 General 36.216 Uncollectible revenue— 36.502 Other jurisdictional assets— Subpart BÐTelecommunications Account 5300 Net—Account 1500 Property 36.221 Other operating income and 36.503 Accumulated depreciation— expenses—Account 7100 Account 3100 Section Number and Title: 36.222 Nonoperating income and 36.101 Section arrangement 36.504 Accumulated depreciation— 36.102 General expenses—Account 7300 Property held for future 36.111 General 36.223 Interest and related items— telecommunications use—Account 36.112 Apportionment procedure Account 7500 3200 36.121 General 36.224 Extraordinary items—Account 36.505 Accumulated amortization— 36.122 Categories and apportionment 7600 Tangible—Account 3400; procedures 36.225 Income effect of jurisdictional Accumulated amortization— 36.123 Operator systems equipment— ratemaking differences—Account Intangible—Account 3500; and Category 1 7910 Accumulated amortization— 36.124 Tandem switching Other—Account 3600 equipment—Category 2 Subpart DÐOperating Expenses and 36.506 Net current deferred operating 36.125 Local switching equipment— Taxes income taxes—Account 4100; Net Category 3 Section Number and Title: noncurrent deferred operating 36.126 Circuit equipment—Category 4 income taxes—Account 4340 36.301 Section arrangement 36.141 General 36.507 Other jurisdictional liabilities 36.302 General 36.142 Categories and apportionment and deferred credits—Net— 36.310 General procedures Account 4370 36.151 General 36.311 Network support expenses— 36.152 Categories of Cable and Wire Account 6110; and General support Subpart FÐUniversal Service Fund Facilities (C&WF) expenses—Account 6120 36.153 Assignment of Cable and Wire 36.321 Central office expenses— Section Number and Title: Facilities (C&WF) to categories Accounts 6210, 6220, and 6230 36.601 General

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36.611 Submission of information to PART 61ÐTARIFFS 61.43 Annual price cap filings the National Exchange Carrier required Association (NECA) Brief Description: This rule defines 61.44 Adjustments to the PCI for 36.612 Updating information terms utilized in part 61. Dominant Interexchange Carriers submitted to the National Exchange Need: This rule defines terms utilized 61.46 Adjustments to the API Carrier Association in part 61. 61.47 Adjustments to the SBI; pricing Legal Basis: Sec. 4; 48 Stat. 1066, as 36.613 Submission of information by bands amended; 47 U.S.C. 154. Sec. 203; 48 the National Exchange Carrier 61.48 Transition rules for price cap Stat. 1070; 47 U.S.C. 203. formula calculations Association Section Number and Description: 36.621 Study area total unseparated 61.49 Supporting information to be loop cost 61.3 Definitions submitted with letters of transmittal 36.622 National and study area Brief Description: This rule requires for tariffs of carriers subject to price average unseparated loop costs any publications filed with the cap regulation 36.631 Expense adjustment Commission be accompanied by a letter Brief Description: This rule requires 36.641 Transition of transmittal which explains, among that every proposed tariff filing bear an other things, the nature and purpose of effective date and, unless exempted, Subpart GÐLifeline Connection the filing. meet the notice requirement. Subsection Assistance Expense Allocation Need: This rule implements the (c), specifically, names different notice requirement that a letter of transmittal requirements for those carriers subject Section Number and Title: accompany all publications filed with to the price cap regulations. Different 36.701 General the Commission. notice periods are required for these 36.711 Lifeline connection assistance Legal Basis: Sec. 4, 303; 48 Stat. 1066, carriers for conformity reasons. 36.721 Telephone company eligibility as amended, 1082; 47 U.S.C. 154, 303. Need: This rule implements notice for lifeline connection assistance Sec. 203; 48 Stat. 1070; 47 U.S.C. 203; requirements for every proposed tariff expense allocation 5 U.S.C. 552. filing. 36.731 Submission of information to Section Number and Description: Legal Basis: Sec. 4; 48 Stat. 1066, as the National Exchange Carrier 61.33 Letters of transmittal amended; 47 U.S.C. 154. Sec. 203; 48 Association Brief Description: This rule reduces Stat. 1070; 47 U.S.C. 203. 36.741 Expense adjustment the administrative and regulatory Section Number and Title: burdens on small telephone companies. 61.58(c) Notice requirements PART 43ÐREPORTS OF Additionally, this rule reduces the COMMUNICATION COMMON frequency of required tariff filings for PART 63ÐEXTENSION OF LINES AND CARRIERS AND CERTAIN AFFILIATES small companies using historical data, DISCONTINUANCE, REDUCTION, Brief Description: This rule and eliminates the data filing OUTAGE AND IMPAIRMENT OF establishes an automated reporting requirements and the liability for SERVICE BY COMMON CARRIERS; system for the collection of the financial automatic refunds. AND GRANTS OF RECOGNIZED and operating data that the Commission Need: This rule aids small telephone PRIVATE OPERATING AGENCY requires to administer its accounting, companies by reducing regulatory STATUS joint cost, jurisdictional separations, burdens. Legal Basis: Secs. 4, 303; 48 Stat. Brief Description: This rule rate base disallowance, and access 1066, 1082, as amended; 47 U.S.C. 154, establishes that an application under charge rules. 303; 5 U.S.C. 552. 63.701 shall be submitted in the form Need: This rule implements the Section Number and Title: specified in 63.53 for applications under automated reporting system that aids in 61.39 Optional supporting information 214 of the Communications Act. financial and operating data collection. Need: This rule provides the format Legal Basis: Sec. 4; 48 Stat. 1066, as to be submitted with letters of transmittal for Access Tariff filings for applications submitted to the amended; 47 U.S.C. 154. Secs. 211, 219; Commission. 48 Stat. 1073, 1077, as amended; 47 effective on or after April 1, 1989, by local exchange carriers serving Legal Basis: 47 U.S.C. 151, 154(i), U.S.C. 211, 219, 220. 154(j), 201, 202, 203, 204, 205, 218, 403, Section Number and Title: 50,000 or fewer access lines in a given study area that are described 533. 43.21(d) Annual reports of carriers and as subset 3 carriers in 69.602 Section Number and Title: certain affiliates Brief Description: These rules limit 63.701 Contents of application 43.21(e) Annual reports of carriers and the rates dominant carriers may charge, 63.702 Form certain affiliates rather than the rates of return they may Brief Description: This rule requires PART 64ÐMISCELLANEOUS RULES receive, thereby avoiding unnecessary RELATING TO COMMON CARRIERS all foreign-owned carriers to file annual costs, and forcing investment in reports on all common carrier services efficiency enhancing technology and offered in the United States. Subpart EÐUse of Recording Devices innovative service approaches in order by Telephone Companies Need: This rule implements the to earn the greatest levels of return requirement that all foreign-owned within the applicable rate limitations. Brief Description: This rule provides carriers file annual reports. Need: This rule encourages efficiency. the conditions under which a Legal Basis: Sec. 4; 48 Stat. 1066, as Legal Basis: Sec. 4; 48 Stat. 1066, as conversation may be recorded. amended; 47 U.S.C. 154. Secs. 211, 219; amended; 47 U.S.C. 154. Sec. 203; 48 Need: This rule articulates the 48 Stat. 1073, 1077, as amended; 47 Stat. 1070; 47 U.S.C. 203. requirements for a permissible recording U.S.C. 211, 219, 220. Section Number and Title: of a conversation. Section Number and Title: 61.41 Price cap requirements generally Legal Basis: Secs. 1, 4, 201, 202, 203, 43.81 Reports of carriers owned by 61.42 Price cap baskets and service 204, 205, 218; 48 Stat. 1064, 1066, 1070, foreign telecommunications entities categories as amended, 1071, 1072, 1077; 47 U.S.C.

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151, 154, 201, 202, 204, 205, 218; E.O. return for the interstate services compliance is either infeasible or so 11092 of February 26, 1963. exchange telephone carriers. costly as to make one’s product Section Number and Title: Need: These rules balance the unmarketable. 64.501(b) Recording of telephone interests of rate-payers and investors by Need: This rule provides a waiver for conversations with telephone promoting just and reasonable rates telephones being hearing aid compliant. companies without imposing excessive burdens or Legal Basis: Secs. 4, 201, 202, 203, costs on the carriers or the Commission. 204, 205, 208, 215, 218, 313, 314, 403, Subpart IÐAllocation of Costs Legal Basis: Secs. 4, 201, 202, 203, 404, 410, 602; 48 Stat., as amended, 205, 218, 403; 48 Stat. 1066, 1072, 1077, 1066, 1070, 1071, 1072, 1073, 1076, Brief Description: This rule 1094, as amended; 47 U.S.C. 154, 201, 1077, 1087, 1094, 1098, 1102; 47 U.S.C. establishes a uniform system of 202, 203, 205, 218, 403. 151, 154, 201, 202, 203, 204, 205, 208, allocation of costs for the purposes of Section Number and Title: 215, 218, 220, 313, 314, 403, 404, 410, tariffs. 412, 602. Need: This rule establishes a uniform 65.700 Determining the maximum system of allocation of costs for the allowable rate of return Section Number and Title: 65.701 Period of review purposes of tariffs. 68.5 Waivers 65.702 Measurement of interstate Legal Basis: Secs. 1, 4, 201, 202, 203, service earnings 204, 205, 218; 48 Stat. 1064, 1066, 1070, Subpart CÐRegistration Procedures as amended, 1071, 1072, 1077; 47 U.S.C. Subpart GÐRate Base Brief Description: This rule delineates 151, 154, 201, 202, 204, 205, 218; E.O. compliance tests for terminal 11092 of February 26, 1963. Brief Description: This rule equipment. Section Number and Title: establishes that the rate base consists of Need: This rule delineates compliance 64.902 Transactions with affiliates the interstate portion of the accounts tests for terminal equipment. listed in 65.820 that have been invested Legal Basis: 47 U.S.C. 151, 154(i), PART 65ÐINTERSTATE RATE OF in ‘‘plant used’’ and useful in the 154(j), 201, 202, 203, 204, 205, 218, 220, RETURN PRESCRIPTION efficient provision of interstate 313, 403, 412; 5 U.S.C. 553. PROCEDURES AND METHODOLOGIES telecommunications services regulated Section Number and Title: by the Commission, minus any Subpart CÐExchange Carriers deducted items computed in accordance 68.200(j) Application for equipment with 65.830. registration Brief Description: This rule defines Need: This rule establishes the rate Subpart DÐConditions for net income and the affect on it by gains base. Registration and losses in depreciable and Legal Basis: Secs. 4, 201, 202, 203, nondepreciable property, charitable 205, 218, 403; 48 Stat. 1066, 1072, 1077, Brief Description: This rule defines deductions, and interest related 1094, as amended; 47 U.S.C. 151, 154, standards for labeling of telephone customer deposits. 201, 202, 203, 204, 205, 218, 219, 220, equipment. Need: This rule defines net income for 403. Need: This rule ensures that the interexchange carriers. Section Number and Title: Legal Basis: Secs. 4, 201, 202, 203, labeling of telephone equipment is done 65.810 Definitions 205, 218, 403; 48 Stat. 1066, 1072, 1077, in a uniform manner. 65.820 Included items Legal Basis: 47 U.S.C. 151, 154(i), 1094, as amended; 47 U.S.C. 151, 154, 65.830 Deducted items 201, 202, 203, 204, 205, 218, 219, 220, 154(j), 201, 202, 203, 204, 205, 218, 220, 403. 313, 403, 412; 5 U.S.C. 553. PART 68ÐCONNECTION OF Section Number and Title: Section Number and Title: TERMINAL EQUIPMENT TO THE 65.450 Net income TELEPHONE NETWORK 68.300(b)(4) Labeling requirements 68.300(b)(5) Labeling requirements Subpart EÐRate of Return Reports Subpart AÐGeneral Brief Description: This rule defines Brief Description: This rule ensures leakage current limits. Brief Description: Part 68 of the rules Need: This rule establishes acceptable that rate of return reports are filed in a sets forth the technical standards for uniform manner and in compliance levels of leakage. registration and interconnection to the Legal Basis: 47 U.S.C. 151, 154(i), with the Commission’s prescribed telephone network of customer methods. 154(j), 201, 202, 203, 204, 205, 218, 220, provided terminal equipment. 313, 403, 412; 5 U.S.C. 553. Need: This rule ensures all rate of Need: These rules set forth the Section Number and Title: return reports that come to the technical standards for registration and Commission are filed in a uniform interconnection to the telephone 68.304(g) Leakage current limitations manner. network. Table Note (6) Leakage current Legal Basis: Secs. 4, 201, 202, 203, Legal Basis: 47 U.S.C. 151, 154(i), limitations 205, 218, 403; 48 Stat. 1066, 1072, 1077, 154(j), 201, 202, 203, 204, 205, 218, 220, Brief Description: This rule sets 1094, as amended; 47 U.S.C. 154, 201, 313, 403, 412; 5 U.S.C. 553. maximum power for voice band private 202, 203, 205, 218, 403. Section Number and Title: lines. Section Number and Title: 68.2 Scope Need: This rule sets maximum power 65.600 Rate of return reports Brief Description: This rule allows a for voice band private lines. waiver of the requirement, that nearly Legal Basis: 47 U.S.C. 151, 154(i), Subpart FÐMaximum Allowable Rates 154(j), 201, 202, 203, 204, 205, 218, 220, of Return all telephones manufactured in or imported into the United States after 313, 403, 412; 5 U.S.C. 553. Brief Description: These rules set forth August 16, 1989 be hearing aid Section Number and Title: the method for determining and compatible, where a valid, public 68.308(b)(1)(v) Signal power enforcing maximum allowable rates of interest argument can be identified and limitations

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68.308(b)(1)(vi) Signal power Brief Description: This rule detariffs Legal Basis: Secs. 4, 201, 202, 203, limitations billing and collection services provided 205, 218, 403; 48 Stat. 1066, 1070, 1077, 68.308(b)(1)(vii) Signal power by local exchange carriers to 1094, as amended; 47 U.S.C. 154, 201, limitations interexchange carriers for interstate 202, 203, 205, 218, 403. 68.308(b)(5)(i)(G) Signal power services. Section Number and Title: limitations Need: This rule deregulates billing 69.3(f) Filing of access service tariffs 68.308(b)(5)(i)(H) Signal power and collection services. Brief Description: This rule ensures limitations Legal Basis: Secs. 4, 201, 202, 203, tariffs for access charges include the 68.308(f) Signal power limitations 205, 218, 403; 48 Stat. 1066, 1070, 1077, payments for the elements listed in Brief Description: This rule dictates 1094, as amended; 47 U.S.C. 154, 201, 69.4(b), the Universal Service Fund and maximum time a line can be tied up 202, 203, 205, 218, 403. Lifeline Assistance. after an automatic telephone dialing is Section Number and Title: Need: This rule ensures that tariffs for completed. 69.3(e)(8) Filing of access service access charge payments include the Need: This rule ensures that a tariffs elements listed in 69.4(b). consumer’s line will not be tied up after Brief Description: This rule provides Legal Basis: Secs. 4, 201, 202, 203, being automatically dialed. filing standards for advance notice of 205, 218, 403; 48 Stat. 1066, 1070, 1077, Legal Basis: 47 U.S.C. 151, 154(i), intention of filing tariffs either as a 1094, as amended; 47 U.S.C. 154, 201, 154(j), 201, 202, 203, 204, 205, 218, 220, single carrier or as an association. 202, 203, 205, 218, 403. 313, 403, 412; 5 U.S.C. 553. Need: This rule provides filing Section Number and Title: Section Number and Title: standards for advance notice of 69.4(c) Charges to be filed 68.318 Additional limitations intention of filing tariffs either as a Brief Description: This rule sets forth single carrier or as an association. Subpart FÐConnectors the scope of interexchange carriers Legal Basis: Secs. 4, 201, 202, 203, responsible for paying the Universal Brief Description: These rules provide 205, 218, 403; 48 Stat. 1066, 1070, 1077, Service Fund and Lifeline Assistance for uniform standards for the protection 1094, as amended; 47 U.S.C. 154, 201, charges. of the telephone network from damage 202, 203, 205, 218, 403. Need: This rule sets forth the scope of caused by the connection of terminal Section Number and Title: interexchange carriers responsible for equipment and associated wiring 69.3(e)(9) Filing of access service paying the Universal Service Fund and thereto, and for the compatibility of tariffs Lifeline Assistance charges. hearing aids and telephones so as to Brief Description: This rule ensures Legal Basis: Secs. 4, 201, 202, 203, ensure that persons with hearing aids consistency between filing of data 205, 218, 403; 48 Stat. 1066, 1070, 1077, have reasonable access to the telephone concerning tariffs between the 1094, as amended; 47 U.S.C. 154, 201, network. association and the agency. 202, 203, 205, 218, 403. Need: These rules provide for uniform Need: This rule ensures consistency Section Number and Title: standards for the protection of the of filings between the association and 69.5(d) Persons to be assessed telephone network from damage caused the agency. by the connection of terminal Legal Basis: Secs. 4, 201, 202, 203, Subpart BÐComputation of Charges equipment and associated wiring. 205, 218, 403; 48 Stat. 1066, 1070, 1077, Legal Basis: Secs. 4, 5, 303; 48 Stat. 1094, as amended; 47 U.S.C. 154, 201, Brief Description: This rule serves to 1066, 1068, 1082, as amended; 47 U.S.C. 202, 203, 205, 218, 403. provide price caps for incumbent local 151, 154, 155, 201, 202, 203, 204, 205, Section Number and Title: exchange carriers that would not 218, 220, 303, 313, 403, 412; 5 U.S.C. otherwise have a price cap. 69.3(e)(10) Filing of access service Need: This rule helps to ensure that 553. tariffs Section Number and Title: the rate consumers pay for service is Brief Description: This rule clarifies fair. 8.502(a)(3) Configurations the effects of mergers and acquisitions Legal Basis: Secs. 4, 201, 202, 203, 68.502(b)(3) Configurations among exchange carriers on the 205, 218, 403; 48 Stat. 1066, 1070, 1077, 68.502(d)(2) Configurations common line pooling status of the 1094, as amended; 47 U.S.C. 154, 201, involved exchange carriers and the long PART 69ÐACCESS CHARGES 202, 203, 205, 218, 403. term and transitional support Section Number and Title: arrangements. Subpart AÐGeneral 69.104(e) End user common line for Need: This rule clarifies the effects of non-price cap incumbent local Brief Description: This rule serves to mergers and acquisitions among exchange carriers define key terms utilized with respect to exchange carriers. 69.104(f) End user common line for access charges. Legal Basis: Secs. 4, 201, 202, 203, non-price cap incumbent local Need: This rule defines a number of 205, 218, 403; 48 Stat. 1066, 1070, 1077, exchange carriers terms used in the section. 1094, as amended; 47 U.S.C. 154, 201, 69.104(g) End user common line for Legal Basis: Secs. 4, 201, 202, 203, 202, 203, 205, 218, 403. non-price cap incumbent local 205, 218, 403; 48 Stat. 1066, 1070, 1077, Section Number and Title: exchange carriers 1094, as amended; 47 U.S.C. 154, 201, 69.3(e)(11) Filing of access service 69.104(h) End user common line for 202, 203, 205, 218, 403. tariffs non-price cap incumbent local Section Number and Title: 69.3(g) Filing of access service tariffs exchange carriers 69.2(hh) Definitions Brief Description: This rule allows for 69.104(i) End user common line for 69.2(ii) Definitions a filing period twice a year of the access non-price cap incumbent local 69.2(jj) Definitions charge tariff. exchange carriers 69.2(kk) Definitions Need: This rule makes the filing of 69.104(m) End user common line for 69.2(ll) Definitions tariffs easier by allowing twice a year non-price cap incumbent local 69.2(mm) Definitions filings. exchange carriers

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Brief Description: This rule provides a PART 73ÐRADIO BROADCAST procedures for television broadcast standard rate to compute non-premium SERVICES services. charges and defines what qualifies as a Legal Basis: 47 U.S.C. 154, 303, 334, non-premium charge. Subpart AÐAM Broadcast Stations 336. Need: This rule provides a standard Section Number and Title: rate to compute non-premium charges Brief Description: These rules provide 73.610 Minimum distance separations and defines what qualifies as a non- for compliance and authorization of AM between stations premium charge. radio equipment and licenses. 73.658 Affiliation agreements and Legal Basis: Secs. 4, 201, 202, 203, Need: These rules prescribe the filing network programs practices; 205, 218, 403; 48 Stat. 1066, 1070, 1077, requirements, application forms and territorial exclusivity in non- 1094, as amended; 47 U.S.C. 154, 201, procedures for AM broadcast radio network program arrangements 202, 203, 205, 218, 403. services. Section Number and Title: Legal Basis: 47 U.S.C. 154, 303, 334, Subpart HÐRules Applicable to All 336. 69.113 Non-premium charges for Broadcast Stations Section Number and Title: MTS—WATS equivalent services 73.21 Classes of AM broadcast Brief Description: These rules provide for compliance and authorization of all Subpart EÐApportionment of channels and stations broadcast services. Expenses 73.26 Regional channels; Class B and Class D stations Need: These rules prescribe operating Brief Description: These rules 73.44 AM transmission system procedures applicable to all broadcast apportion expenses for the Universal emission limitations services. Service Fund, Lifeline Assistance, and 73.45 AM antenna systems Legal Basis: 47 U.S.C. 154, 303, 334, other expenses. 73.54 Antenna resistance and 336. Need: These rules apportion expenses reactance measurements Section Number and Title: for the Universal Service Fund, Lifeline 73.68 Sampling systems for antenna 73.1015 Truthful written statements Assistance, and other expenses. monitors and responses to Commission Legal Basis: Secs. 4, 201, 202, 203, 73.99 Presunrise service authorization inquires and correspondence 205, 218, 403; 48 Stat. 1066, 1070, 1077, (PSRA) and Postsunset service 73.1211 Broadcast of lottery 1094, as amended; 47 U.S.C. 154, 201, authorization (PSSA) information 202, 203, 205, 218, 403. 73.150 Directional antenna systems 73.1690 Modification of transmission Section Number and Title: 73.182 Engineering standards of systems 69.411 Other expenses allocation 73.3522 Amendment of applications 69.412 Non participating company 73.190 Engineering charts and related 73.3523 Dismissal of applications in payments/receipts formulas renewal proceedings 69.413 Universal Service Fund 73.3571 Processing of AM broadcast expenses Subpart BÐFM Broadcast Stations station applications 73.3572 Processing of TV broadcast, Subpart GÐExchange Carrier Brief Description: These rules provide low power TV, TV translator and Association for compliance and authorization of FM TV booster station applications radio equipment and licenses. 73.3580 Local public notice of filing of Brief Description: These rules Need: These rules prescribe filing broadcast applications delineate the functions of associations. requirements, application forms and 73.3588 Dismissal of petitions to deny Need: These rules delineate the procedures for FM broadcast radio or withdrawal of informal functions of associations. services. objections Legal Basis: Secs. 4, 201, 202, 203, Legal Basis: 47 U.S.C. 154, 303, 334, 73.3999 Enforcement of 18 U.S.C. 1464 205, 218, 403; 48 Stat. 1066, 1070, 1077, 336. (restrictions on the transmission of 1094, as amended; 47 U.S.C. 154, 201, Section Number and Title: obscene and indecent material) 202, 203, 205, 218, 403. 73.202 Table of Allotments 73.4099 Financial qualifications, Section Number and Title: 73.207 Minimum distance separation certification of 69.603(c) Association functions between stations 73.4107 FM broadcast assignments, 69.603(d) Association functions 73.210 Station classes increasing availability of 69.603(e) Association functions 73.211 Power and antenna height 73.4108 FM transmitter site map 69.603(f) Association functions requirements submissions Brief Description: This rule 73.213 Grandfathered short-spaced 73.4266 Tender offer and proxy establishes the payment of long term stations statements support as well as the formula for 73.215 Contour protection for short- PART 74ÐEXPERIMENTAL RADIO, amount of payment, and the spaced assignments AUXILIARY, SPECIAL BROADCAST commencement date for transitional 73.311 Field strength contours AND OTHER PROGRAM support. 73.315 FM transmitter location DISTRIBUTIONAL SERVICES Need: This rule ensures that support 73.316 FM antenna systems payments will be made and the starting Subpart EÐTelevision Broadcast Subpart GeneralÐRules Applicable to date for transitional support. Legal Basis: Secs. 4, 201, 202, 203, Stations All Services in Part 74 205, 218, 403; 48 Stat. 1066, 1070, 1077, Brief Description: These rules provide Brief Description: These rules 1094, as amended; 47 U.S.C. 154, 201, for compliance and authorization of prescribe filing requirements applicable 202, 203, 205, 218, 403. television broadcast equipment and to all experimental radio, auxiliary, Section Number and Title: licenses. special broadcast and other program 69.612 Long term and transitional Need: These rules prescribe filing distribution services regulated under support requirements, application forms and part 74.

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Need: These rules list filing exclusive to low power television, 74.913 Selection procedure for requirements, application forms and television translator, and television mutually exclusive ITFS procedures applicable to experimental booster stations. applications broadcasting, remote pick-up, aural Need: These rules promote broadcasting, television auxiliary procedures for television broadcast Subpart LÐFM Broadcast Translator broadcasting, low power television, translator stations, primary stations, Stations and FM Broadcast Booster instructional television fixed services VHF translator, UHF translator, UHF Stations television stations and FM booster translator signal boosters, low power Brief Description: These rules stations. television stations, program origination, prescribe operating procedures Legal Basis: 47 U.S.C. 154, 303, 307, local origination, television broadcast exclusive to FM broadcast translator and 554. booster station and all other instructions FM broadcast booster stations. Section Number and Title: applicable to low power, translator and Need: These rules provide procedures 74.2 General definitions booster television stations. pertaining to transmitting FM signal 74.15 Station license period Legal Basis: 47 U.S.C. 154, 303, 307, channels for primary stations, FM radio 554. broadcast stations, and FM booster Subpart EÐAural Broadcast Auxiliary Section Number and Title: Stations stations. 74.701 Definitions Legal Basis: 47 U.S.C. 154, 303, 307, Brief Description: These rules 74.702 Channel assignments 554. prescribe operating procedures 74.703 Interference Section Number and Title: exclusive to aural broadcast auxiliary 74.731 Purpose and permissible 74.1235 Power limitations and stations. service antenna systems Need: These rules provide procedures 74.732 Eligibility and licensing 74.1250 Transmitters and associated for aural broadcast studio transmitter requirements equipment link stations, intercity relay stations, 74.763 Time of operation aural broadcast microwave booster 74.765 Posting of station and operator PART 76ÐCABLE TELEVISION stations and all other instructions licenses SERVICE applicable to aural broadcasting 74.769 Copies of rules stations. 74.780 Broadcast regulations Subpart DÐCarriage of Television Legal Basis: 47 U.S.C. 154, 303, 307, applicable to translators, low Broadcast Signals 554. power, and booster stations Section Number and Title: 74.783 Station identification Brief Description: These rules provide 74.502 Frequency assignment 74.784 Rebroadcasts for the carriage of television broadcast 74.531 Permissible service signals on cable television systems. Subpart HÐLow Power Auxiliary Subject to the Commission’s network Subpart FÐTelevision Broadcast Stations nonduplication, syndicated exclusivity Auxiliary Stations and sports broadcasting rules, cable Brief Description: These rules systems must carry the entirety of the Brief Description: These rules prescribe operating procedures program schedule of every local prescribe operating procedures exclusive to low power auxiliary television station carried pursuant to the exclusive to television broadcast stations. Commission’s mandatory carriage Need: These rules provide auxiliary stations. provisions or the retransmission consent instructions on band width allocation Need: These rules promote a list of provisions. A broadcaster and a cable and all other procedures applicable to band width channels and provide operator may negotiate for partial low power television stations. procedures for television pick-up carriage of the signal where the station Legal Basis: 47 U.S.C. 154, 303, 307, stations, studio-transmitter link stations, is not eligible for must carry rights, 554. television relay stations, television either because of the station’s failure to translator relay stations, television Section Number and Title: meet the requisite definitions or because broadcast licensees, television 74.832 Licensing requirements and the cable system is outside the station’s microwave booster stations and all other procedures market area. instructions applicable to television Need: These rules prescribe auxiliary stations. Subpart IÐInstructional Television requirements and obligations Legal Basis: 47 U.S.C. 154, 303, 307, Fixed Service concerning cable television system 554. Section Number and Title: Brief Description: These rules carriage of television broadcast signals. prescribe operating procedures Legal Basis: 47 U.S.C. 154. 74.600 Eligibility for license Section Number and Title: 74.602 Frequency assignment exclusive to instructional television 74.631 Permissible service fixed service stations. 76.70 Exemption from input selector 74.633 Temporary authorizations Need: These rules promote switch rules 74.637 Emissions and emission procedures for instructional television limitations fixed service (ITFS) broadcasting Subpart FÐNonduplication Protection 74.643 Interference to geostationary- stations, frequencies on fixed broadcast and Syndicated Exclusivity satellites stations, fixed service applications, Brief Description: These rules protect 74.644 Minimum path lengths for multi-channel distribution and all other the exclusive rights of television fixed links procedures applicable to television broadcast stations to distribute fixed service. particular programs. Commercial Subpart GÐLow Power TV, TV Legal Basis: 47 U.S.C. 154, 303, 307, Translator, and TV Booster Stations television station licensees are entitled 554. to protect the network programming that Brief Description: These rules Section Number and Title: they have contracted for by exercising prescribe operating procedures 74.903 Interference nonduplication rights against more

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Cable operators may and operational activities of nonfederal that serve at least 1,000 subscribers may purchase microwave relay service from maritime activities, including U.S. be required, upon proper notification, to companies providing such common vessels that traverse international provide syndicated exclusivity carrier services, or they may operate waters. The rules also reduce radio protection to broadcasters who have their own relay stations licensed by the interference among radio users by contracted with program suppliers for Commission. promoting the efficient use of the radio exclusive exhibition rights to certain Need: These rules prescribe spectrum. programs within specific geographic application and licensing requirements Legal Basis: Secs. 4, 303, 48 Stat. areas, whether or not the cable system applicable to cable television relay 1064–1068, 1081–1105, as amended; 47 affected is carrying the station service. U.S.C. 151–155, 301–609; 3 UST 3450, requesting this protection. Legal Basis: 47 U.S.C. 154, 303. 3 UST 4726, 12 UST 2377 Need: These rules provide Section Number and Title: Section Number and Title: requirements pertaining to the 78.11(f) Permissible service Subpart AÐGeneral Information permissible retransmission of broadcast 78.18(a)(5) Frequency assignments signals by cable television systems and 78.18(a)(6) Frequency assignments 80.5 Definitions requirements pertaining to the 78.18(a)(7) Frequency assignments syndicated exclusivity rights of Subpart BÐApplications and Licenses broadcasters. Subpart DÐTechnical Regulations Legal Basis: 47 U.S.C. 154, 302, 303. 80.15 Eligibility for station license Section Number and Title: Brief Description: These rules provide 80.19 Standard forms to be used 76.92 Network non-duplication; extent technical standards for the operation of 80.23 Filing of applications of protection cable antenna relay service (CARS) stations. These rules address transmitter Subpart CÐOperating Requirements 76.93 Parties entitled to network non- and Procedures duplication protection power limitations and bandwidth 76.94 Notification authorized for use by CARS stations. 80.80 Operating controls for ship 76.95 Exceptions These rules also address procedures stations 76.97 Effective dates concerning the installation, replacement 80.83 Protection from potentially 76.151 Syndicated program and repair of CARS station equipment, hazardous RF radiation exclusivity: extent of protection and procedures for frequency 80.89 Unauthorized transmissions 76.153 Parties entitled to syndicated monitoring and measurement and 80.95 Message charges exclusivity system testing. 80.102 Radiotelephone station 76.155 Notification Need: These rules prescribe technical identification 76.156 Exceptions requirements applicable to cable 80.111 Radiotelephone operating 76.157 Exclusivity contracts television relay service. procedures for coast stations 76.158 Indemnification contracts Legal Basis: 47 U.S.C. 154, 301, 303. 80.142 Ships using radiotelegraphy 76.159 Requirements for invocation of Section Number and Title 80.143 Required frequencies for protection Description: radiotelephony 76.161 Substitutions 78.103(e) Emissions and emission 76.163 Effective dates limitations Subpart DÐOperator Requirements Subpart KÐTechnical Standards 78.106 Interferences to geostationary- 80.153 Coast station operator satellites requirements Brief Description: These rules provide 78.108 Minimum path lengths for 80.155 Ship station operator technical performance standards for the fixed links requirements operation of cable television systems to 80.156 Control by operator PART 80ÐSTATIONS IN THE ensure the delivery of satisfactory 80.157 Radio officer defined television signals to cable subscribers. MARITIME SERVICES 80.159 Operator requirements of Title Local franchising authorities are Brief Description: These rules include III of the Communications Act and generally authorized to enforce these radio services in the Maritime Mobile the Safety Convention technical standards through their Service, the Maritime Mobile-Satellite 80.169 Operators required to adjust franchising process. Service, the Maritime transmitters or radar Need: These rules prescribe technical Radiodetermination Service, and 80.177 When operator license is not standards applicable to cable television stations in the Fixed Service that required service. support maritime operations. Regardless 80.179 Unattended operation Legal Basis: 47 U.S.C. 154, 303, 601. of service, marine stations are either Section Number and Title: Subpart EÐGeneral Technical considered to be stations on shipboard Standards 76.605 (Note 1) Technical standards or stations on land. A license is required 76.605 (Note 3) Technical standards for each land station. Ship stations are 80.203 Authorization of transmitters PART 78ÐCABLE TELEVISION RELAY licensed by rule (no individual license for licensing SERVICE needed) when they operate only on 80.205 Bandwidths domestic voyages and are not required 80.207 Classes of emission Subpart BÐApplications and Licenses by law to carry a radio. Rules 80.209 Transmitter frequency concerning domestic marine tolerances Brief Descriptions: These rules set communications are matched to 80.211 Emission limitations forth procedures for applying for requirements of the U.S. Coast Guard, 80.213 Modulation requirements

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80.215 Transmitter power Subpart LÐOperational Fixed Stations includes aeronautical advisory stations, 80.217 Suppression of interference aeronautical enroute stations, airport aboard ships 80.559 Licensing limitations control stations, and automatic weather 80.219 Special requirements for observation stations. (2) The narrow-band direct-printing (NB– Subpart MÐStations in the Radio Determination Service Aeronautical Radionavigation Service DP) equipment includes stations used for navigation, 80.221 Special requirements for 80.601 Scope of communications obstruction warning, instrument automatically generating the 80.603 Assignment and use of landing, and measurement of altitude radiotelephone alarm signal frequencies and range. (3) The Aeronautical Fixed 80.223 Special requirements for 80.605 U.S. Coast Guard coordination. Service is a system of fixed stations survival craft stations used for point-to-point communications 80.225 Requirements for selective Subpart NÐMaritime Support Stations for aviation safety, navigation, or calling equipment 80.655 Use of frequencies preparation for flight. The Commission 80.227 Special requirements for regulates the Aviation Services in protection from RF radiation Subpart QÐCompulsory cooperation with the Federal Aviation Subpart GÐSafety Watch Radiotelegraph Installations for Administration. Requirements and Procedures Vessels 1600 Gross Tons Need: These aviation radio services rules are promulgated to promote safety 80.303 Watch on 156.800 MHz 80.825 Radar installation requirements and provide systems of non- (Channel 16) and specifications governmental use of radio for 80.308 Watch required by the Great aeronautical communications, Subpart RÐCompulsory Lakes Radio Agreement aeronautical radio navigation, and Radiotelephone Installations for 80.311 Authority for distress search and rescue operations. The rules Vessels 300 Gross Tons transmission also reduce radio interference among 80.313 Frequencies for use in distress 80.860 Reserve power supply radio users by promoting the efficient 80.327 Urgency signals 80.871 VHF radiotelephone station use of the radio spectrum. Legal Basis: 48 Stat. 1064–1068, Subpart HÐFrequencies 80.879 Radar installation requirements and specifications 1081–1105, as amended; 47 U.S.C. 151, 80.355 Distress, urgency, safety, call 152, 153, 154, 155, 156, 301 through and reply Morse code frequencies Subpart SÐCompulsory 609. 80.357 Morse code working Radiotelephone Installations for Small Section Number and Title: frequencies Passenger Boats 80.359 Frequencies for digital selective Subpart AÐGeneral Information 80.911 VHF transmitter calling (DSC) 87.5 Definitions 80.363 Frequencies for facsimile Subpart TÐRadiotelephone 80.369 Distress, urgency, safety, call Installation Required for Vessels on Subpart BÐApplications and Licenses and reply frequencies the Great Lakes 80.371 Public correspondence 87.23 Supplemental information frequencies 80.956 Required frequencies and uses required 80.373 Private communications 87.29 Partial grant of application frequencies Subpart UÐRadiotelephone 87.37 Developmental license 80.375 Radiodetermination Installations Required by the Bridge- frequencies to-Bridge Act Subpart CÐOperating Requirements 80.381 Frequencies for operational and Procedures 80.1019 Antenna radio frequency fixed stations 87.73 Transmitter adjustments and 80.383 Vessel Traffic Services (VTS) indicator tests system frequencies Subpart VÐEmergency Position 87.77 Availability for inspections 80.385 Frequencies for automated Indicating Radio Beacons (EPIRBS) 87.103 Posting station license systems 87.111 Suspension or discontinuance 80.387 Frequencies for Alaska fixed 80.1051 Scope of operation stations 80.1053 Special requirements for Class A EPIRB stations Subpart DÐTechnical Requirements Subpart IÐStation Documents 80.1055 Special requirements for Class 87.131 Power and emissions 80.409 Station logs B EPIRB stations 80.1061 Special requirements for 87.133 Frequency stability Subpart JÐPublic Coast Stations 406.025 MHz EPIRBs 87.137 Types of emission 87.141 Modulation requirements 80.471 Discontinuance or impairment Subpart XÐVoluntary Radio 87.147 Authorization of equipment of service Installations 80.475 Scope of service of the Subpart EÐFrequencies Automated Maritime 80.1185 Supplemental eligibility for 87.173 Frequencies Telecommunications Systems mobile-satellite stations (AMTS) 80.1187 Scope of communication Subpart FÐAircraft Stations 80.477 AMTS points of communication 80.1189 Portable ship earth stations 87.187 Frequencies Subpart KÐPrivate Coast Stations and PART 87ÐAVIATION SERVICES Marine Utility Stations Subpart GÐAeronautical Advisory Brief Description: The Aviation Stations (UNICOMS) 80.514 Marine VHF frequency Services consist of three services. (1) coordinating committee(s) The Aeronautical Mobile Service 87.217 Frequencies

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Subpart HÐAeronautical Multicom Subpart CÐIndustrial/Business Radio 90.243 Mobile relay stations Stations Pool Subpart KÐStandards for Special 87.237 Scope of service 90.33 Scope Frequencies or Frequency Bands 90.35 Industrial/Business Pool Subpart IÐAeronautical Enroute and 90.251 Scope Aeronautical Fixed Stations Subpart FÐRadiolocation Service 90.257 Assignment and use of frequencies in the band 72–76 MHz 87.263 Frequencies 90.103 Radiolocation Service 90.259 Assignment and use of 87.265 Administrative frequencies in the bands 216–220 communications Subpart GÐApplications and Authorizations MHz and 1427–1435 MHz Subpart JÐFlight Test Stations 90.261 Assignment and use of the 90.111 Scope frequencies in the band 450–470 87.303 Frequencies 90.119 Application forms MHz for fixed operations 87.305 Frequency coordination 90.125 Who may sign applications 90.266 Long distance communications 90.127 Submission and filing of on frequencies below 25 MHz Subpart OÐAirport Control Tower applications 90.267 Assignment and use of Stations 90.129 Supplemental information to frequencies in the 450–470 MHz 87.417 Scope of service be routinely submitted with band for low power use 87.421 Frequencies applications 90.269 Use of frequencies for self- 90.135 Modification of license powered vehicle detectors Subpart QÐStations in the 90.137 Applications for operation at 90.273 Availability and use of Radiodetermination Service temporary locations frequencies in the 421–430 MHz 90.139 Commission processing of band 87.475 Frequencies applications 90.275 Selection and assignment of Subpart RÐCivil Air Patrol Stations 90.141 Resubmitted applications frequencies in the 421–430 MHz 90.145 Special temporary authority band 87.503 Supplemental eligibility 90.151 Requests for waiver 90.279 Power limitations applicable to 90.155 Time in which station must be the 421–430 MHz band PART 90ÐPRIVATE LAND MOBILE placed in operation 90.281 Restrictions on operational RADIO SERVICES 90.157 Discontinuance of station fixed stations in the 421–430 MHz operation Brief Description: These services band 90.159 Temporary and conditional allow businesses, local governments, permits Subpart LÐAuthorization in the Band educational institutions, hospitals, 470±512 MHZ (UHF±TV Sharing) service providers and utilities to build Subpart HÐPolicies Governing the their own internal communication Assignment of Frequencies 90.303 Availability of frequencies systems to meet specialized needs 90.311 Frequencies where commercial services are 90.173 Policies governing the unavailable, insufficient, or too costly. assignment of frequencies Subpart NÐOperating Requirements 90.175 Frequency coordination Channels are in the 30–50, 150–170, 90.405 Permissible communications requirements 220–222, 420–512, 700, 800 and 900 90.419 Points of communication 90.176 Coordinator notification MHz bands. Some channels are shared; 90.425 Station identification requirements on frequencies below others are exclusive. Frequencies are 90.427 Precautions against 512 MHz often assigned in pairs for use in two- unauthorized operation 90.177 Protection of certain radio way communications. The most 90.437 Posting station licenses common use is for dispatch receiving locations communications; other uses include 90.179 Shared use of radio stations Subpart OÐTransmitter Control alerting, monitoring, alarms, and operational communications. Subpart IÐGeneral Technical 90.463 Transmitter control points Need: These private land mobile radio Standards 90.465 Control of systems of communication services rules are promulgated to 90.201 Scope 90.477 Interconnected systems promote flexibility to radio users in 90.203 Type acceptance required meeting their communications needs 90.205 Power and antenna height Subpart PÐPaging Operations where communications are used as a limits tool for businesses to provide their 90.207 Types of emissions 90.490 One-way paging operations in products and services more 90.209 Bandwidth limitations the private services economically. 90.211 Modulation requirements 90.492 One-way paging operations in Legal Basis: Secs. 4, 303; 48 Stat., as 90.213 Frequency stability the 806–824/851–869 MHz, 896– amended, 1066, 1082; 47 U.S.C. 154, 901/935–940 MHz bands 303. Subpart JÐNon-Voice and Other 90.494 Paging operations on shared Section Number and Title: Specialized Operations channels in the 929–930 MHz band Subpart AÐGeneral Information: 90.235 Secondary fixed signaling Subpart SÐRegulations Governing operations 90.7 Definitions Licensing and Use of Frequencies in 90.237 Interim provisions for the 806±824, 851±869, 896±901, and Subpart BÐPublic Safety Radio Pool operation of radioteleprinter and 935±940 MHZ Bands radiofacsimile devices 90.16 Public Safety National Plan 90.241 Radio call box operations 90.601 Scope 90.20 Public Safety Pool 90.242 Travelers’ information stations 90.603 Eligibility

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90.605 Forms to be used Radio Service. The GMRS rules permit PART 101ÐFIXED MICROWAVE 90.607 Supplemental information to both personal and business SERVICES be furnished by applicants for communications and has resulted in a facilities under this subpart very broad mix of GMRS system Brief Description: The microwave 90.609 Special limitations on licensees: personal users, volunteer services are used mostly for fixed point- amendment of applications for public service groups and small and to-point communications systems and assignment or transfer of large commercial organizations. are a mechanism which private authorizations for radio systems Need: These personal radio services organizations such as businesses, above 800 MHz rules are promulgated to promote educational institutions, utilities and 90.611 Processing of applications flexibility of users to take advantage of local governments use to satisfy internal 90.613 Frequencies available new technology and equipment. communications requirements. These 90.615 Spectrum blocks available in Legal Basis: Secs. 4, 303; 48 Stat. systems offer a convenient and often- the General Category for 800 MHz 1066, 1082, as amended; 47 U.S.C. 154, times cost-effective alternative to SMR General Category 303. wireline for the transmission of voice, 90.617 Frequencies in the 809.750– Section Number and Title: data, video and control signals. 824/854.750–869 MHz and 896– Need: These fixed microwave radio 901/935–940 MHz bands available Subpart AÐGeneral Mobile Radio services rules are promulgated to for trunked or conventional system Service (GMRS) promote flexibility to radio users in use in non-border areas meeting their communications needs. 90.619 Frequencies available for use in 95.1 The General Mobile Radio Service For example, private users employ the U.S./Mexico and U.S./Canada (GMRS) microwave frequencies to operate and border areas 95.3 License required control equipment at remote sites, 90.621 Selection and assignment of 95.5 License eligibility gather data related to customer usage, frequencies 95.7 Channel sharing control traffic signals and obtain toll 90.623 Limitations on the number of 95.25 Land station description data from moving vehicles as well as frequencies assignable for 95.29 Channels available other monitoring functions. conventional systems 95.39 Considerations near FCC Legal Basis: 47 U.S.C. 154, 303. 90.625 Other criteria to be applied in monitoring stations Section Number and Title assigning channels for use in 95.51 Antenna height conventional systems of 95.53 Mobile station communication Subpart AÐGeneral communication points 101.3 Definitions 90.627 Limitation on the number of 95.57 Mobile relay station frequency pairs that may be communication points Subpart BÐApplications and Licenses assignable for trunked systems and 95.71 Applying for a new or modified on the number of trunked systems license 101.13 Application forms and 90.629 Extended implementation 95.73 System licensing requirements for private operational schedules 95.75 Basic information fixed stations 90.631 Trunked systems loading, 95.77 Additional information for 101.19 General application rules construction and authorization GMRS systems with land stations at 101.57 Modification of station license requirements four or more locations 101.63 Period of construction; 90.633 Conventional systems loading 95.83 Additional information for certification of completion of requirements stations with antennas higher than construction 90.635 Limitations on power and normally allowed Subpart CÐTechnical Standards antenna height 95.89 Renewing a license 90.637 Restrictions on operational 95.103 Licensee duties 101.101 Frequency availability fixed stations 95.113 System records 101.105 Interference protection criteria 90.645 Permissible operations 95.117 Where to contact the FCC 90.647 Station identification 101.107 Frequency tolerance 90.651 Supplemental reports required 95.121 Transmitting channel 101.109 Bandwidth of licensees authorized under this 95.129 Station equipment 101.113 Transmitter power limitations subpart 95.131 Servicing station transmitters 101.115 Directional antennas 90.653 Number of systems authorized 95.133 Modification to station 101.123 Quiet zones and Arecibo in a geographical area transmitters Coordination Zone 90.655 Special licensing requirements 95.135 Maximum authorized 101.135 Shared use of radio stations for Specialized Mobile Radio transmitting power and the offering of private carrier systems used to provide service to 95.137 Moving a small base station or service persons other than the licensee a small control station 101.143 Minimum path length 90.657 Temporary permit 95.139 Adding a small base station or requirements a small control station 101.145 Interference to geostationary- PART 95ÐPERSONAL RADIO 95.141 Interconnection prohibition satellites SERVICES 95.175 Cooperation in sharing 101.147 Frequency assignments channels Brief Description: The Personal Radio 101.149 Special requirements for Services provide the general public with 95.179 Individuals who may be station operation in the band 38,600– short-range wireless communications operators 40,000 MHz for personal activities. There are three Subpart EÐTechnical Regulations Subpart HÐPrivate Operational Fixed established services: the General Mobile Point-to-Point Microwave Service Radio Service (GMRS), the Citizens 95.621 GMRS transmitter channel Radio Service, and the Radio Control frequencies 101.601 Eligibility

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101.603 Permissible communications and the Atlantic States Marine Fisheries measures could eliminate ‘‘hotspots’’ of [FR Doc. 99–26593 Filed 10–13–99; 8:45 am] Commission under the Summer discards and protect scup from being Flounder, Scup, and Black Sea Bass discarded on Loligo trips redirected into BILLING CODE 6712±01±P Fishery Management Plan (FMP) and other open areas. the Loligo squid fishery, which is Since submitting their original managed by the Council under the petition for rulemaking, the Petitioners DEPARTMENT OF COMMERCE Atlantic Mackerel, Squid, and Butterfish amended their request based upon new information. The Petitioners reference National Oceanic and Atmospheric FMP. The Secretary of Commerce has an analysis of the 1997 and 1998 vessel Administration management authority for these species in the exclusive economic zone (EEZ) trip report data conducted by Council 50 CFR Part 648 under the Magnuson-Stevens Fishery staff for presentation to the FMP’s Scup Conservation and Management Act Monitoring Committee. These data [I.D. 092799B] (Magnuson-Stevens Act). The showed high scup discards in statistical management unit for the scup fishery is areas 537 and 539 in the Loligo fishery Fisheries of the Northeastern United scup in the U.S. waters of the Atlantic during the Winter II (November- States; Petition for Rulemaking for Ocean from 35°15.3’ N. lat., the latitude December) season, as well as in area Seasonal Area Closures, Bycatch of Cape Hatteras Light, N.C., northward 613. Further, the data showed high scup Quotas, and Related Measures to to the U.S.-Canadian border. discard rates in statistical areas 616 and Reduce Scup Bycatch Regulations governing the scup fishery 622 for the Loligo fishery during the AGENCY: National Marine Fisheries in the EEZ are found at 50 CFR part 648, Winter I (January-April) season. These Service (NMFS), National Oceanic and subparts A and H. Regulations areas were included in the Monitoring Atmospheric Administration (NOAA), governing the Loligo squid fishery in the Committee’s August 1999 Commerce. EEZ are found at 50 CFR part 648, recommendations for area closures of ACTION: Notice of receipt of petition for subparts A and B. the Loligo fishery to prevent bycatch of rulemaking; request for comments. The Petitioners assert that scup. Since the Council did not incidentally-caught juvenile scup are recommend closure of those areas to SUMMARY: NMFS announces receipt of, discarded in several small mesh Loligo fishing, the Petitioners have and requests public comment on, an fisheries, in particular the Loligo squid requested in their amended petition amended petition for rulemaking to: fishery. Discarded scup is ‘‘bycatch,’’ immediate implementation of the Reduce scup bycatch through seasonal according to the Magnuson-Stevens Act, Monitoring Committee’s area closures and a bycatch quota; because it is not landed and sold or kept recommendation in order to reduce monitor the Loligo fishery through a for personal use. For the commercial scup bycatch. The Petitioners also vessel monitoring system (VMS) and fishery, the FMP requires the discard of request that the above measures (time/ observers; and develop new gear scup: (1) smaller than a minimum size area closures, bycatch quota, or both) be designs. The Natural Resources Defense of 9 inches (22.9 cm), and (2) when the part of the specifications for the 2000 Council, the Environmental Defense amount of scup on board exceeds the Loligo squid fishery. Fund, the Center for Marine poundage threshold requiring a Area 613 is defined as Federal waters Conservation, the National Audubon minimum mesh size in the codend of off Long Island, NY, bounded by straight Society, and the American Oceans the net (either 100 or 200 lb (45.4 or lines connecting the following points in Campaign (Petitioners) have petitioned 90.7 kg), depending on the season). the order stated: NMFS and the Mid-Atlantic Fishery The Petitioners contend that because Management Council (Council) to bycatch in small-mesh fisheries is a NMFS Northeast Statistical Area 613 implement these measures beginning significant problem, management of the November 1999, to reduce the amount directed scup fishery alone is Point N. Lat. W. Long. of scup caught incidentally in the Loligo inadequate to rebuild the overfished LI1 (1 ) 73°00' squid fishery. scup stock. In addition, the Petitioners note that NMFS recently partially LI2 40°00' 73°00' DATES: ° ° Comments on the amended disapproved Amendment 12 to the FMP LI3 40 00' 71 40' petition are requested on or before LI4 41°00' 71°40' because it failed to address adequately LI5 41°00' (2) November 15, 1999. the bycatch issue. Consequently, the ADDRESSES: Copies of the amended Petitioners argue, ‘‘there are no legally 1 The intersection the longitude line with the petition for rulemaking are available sufficient measures in place to protect 3 nautical mile line south of Patchogue, NY. upon request from Gary C. Matlock, 2 The intersection the latitude line with the 3 the scup from this major source of nautical mile line south of Montauk, NY. Ph.D., Director, Office of Sustainable mortality.’’ Fisheries, NMFS, 1315 East-West Thus, in order to protect the scup Area 537 is defined as Federal waters Highway, Silver Spring, MD 20910. stock, the Petitioners proposed two off Nantucket and Martha’s Vineyard Comments on the amended petition different actions (either one or both) to Islands, MA, bounded by straight lines should be directed to Dr. Gary C. be implemented in 1999, and further connecting the following points in the Matlock at the above address. Please actions to be implemented in 2000 and order stated: mark the outside of the envelope ‘‘Scup beyond. For 1999, the Petitioners Petition for Rulemaking.’’ proposed (a) a closure of the Loligo NMFS NORTHEAST STATISTICAL AREA FOR FURTHER INFORMATION CONTACT: fishery in NMFS Northeast Statistical 537 Mark R. Millikin, 301–713–2341. Area 613 (area 613) for the Winter II SUPPLEMENTARY INFORMATION: The (November-December) season, (b) the Point N. Lat. W. Long. fisheries affected by this petition for imposition of a scup bycatch quota CI1 (1) 70°00' rulemaking and the petition’s throughout the Loligo management unit CI2 39°50' 70°00' amendment are primarily the scup (or for the Winter II season, or (c) both CI3 39°50' 71°40' porgy, Stenotomus chrysops) fishery, options (a) and (b). The Petitioners note CI4 40°50' 71°40' which is managed jointly by the Council that combining the two management CI5 40°50' 71°20'

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NMFS NORTHEAST STATISTICAL AREA In addition, the Petitioners request 5, 1999. See SUPPLEMENTARY 537ÐContinued that NMFS institute adequate INFORMATION for specific dates and times enforcement mechanisms and observer for these meetings. Point N. Lat. W. Long. coverage for these bycatch reduction ADDRESSES: The meetings and hearing measures. For instance, in closing area will be held at the Red Lion Hotel CI6 41°10' 71°20' 613, the Petitioners suggest NMFS ° ° Sacramento, 1401 Arden Way, CI7 41 10' 71 10' require a VMS in the Loligo fleet. If a CI8 41°20' 71°10' Sacramento, California; telephone: 916– CI9 41°20' (2) bycatch quota is implemented, the 922–8041. CI10 (3) Petitioners suggest observer coverage be Council address: Pacific Fishery required at levels sufficient to ensure Management Council, 2130 SW Fifth 1 The intersection the longitude line with the observations of a statistically significant 3 nautical mile line south of Nantucket Island, Avenue, Suite 224, Portland, OR 97201. MA. percentage of Loligo catch. FOR FURTHER INFORMATION CONTACT: 2 The intersection the latitude line with the 3 In addition, the Petitioners request Lawrence D. Six, Executive Director; nautical mile line east of Gay Head, Martha's that, for 2001, NMFS and the Council telephone: 503–326–6352. Vineyard, MA. oversee the development, testing, and 3 The 3 nautical mile line proceeding eas- SUPPLEMENTARY INFORMATION: terly along the south of Martha's Vineyard and implementation of appropriately Nantucket, back to the starting point. modified gear as an effective and Dates and Times equitable means of reducing scup Area 539 is defined as Federal waters The Council meeting will begin on bycatch. Such gear, the Petitioners feel, off the State of Rhode Island, bounded Tuesday, November 2, 1999, at 8 a.m., would obviate the need for the measures by straight lines connecting the reconvening each day through Friday, proposed by this amended petition. following points in the order stated: November 5, 1999. All meetings are NMFS requests comments on the open to the public, except a closed amended petition for rulemaking. NMFS NMFS NORTHEAST STATISTICAL AREA session will be held from 8 a.m. until 9 539 will consider this information in a.m. on Thursday, November 4, 1999, to determining whether to proceed with address litigation and personnel Point N. Lat. W. Long. the development of regulations matters. The Council will meet as late requested by the amended petition. as necessary each day to complete its 1 ° RI1 ( ) 71 10' Authority: 16 U.S.C. 1801 et seq. scheduled business. The public hearing RI2 41°10' 71°10' RI3 41°10' 71°20' Dated: October 7, 1999. will be held during the regular session RI4 40°50' 71°20' Bruce C. Morehead, on Wednesday, November 3, 1999, RI5 40°50' 71°40' Acting Director, Office of Sustainable beginning at approximately 10 a.m. (The RI6 (2) 71°40' Fisheries, National Marine Fisheries Service. exact time is not known because the time required for other agenda items is 1 The intersection the longitude line with the [FR Doc. 99–26838 Filed 10–13–99; 8:45 am] uncertain.) 3 nautical mile line south of approximately BILLING CODE 3510±22±F Sakonnet, RI. 2 The intersection the longitude line with the Advisory Meetings 3 nautical mile line south of approximately DEPARTMENT OF COMMERCE The Groundfish Management Team Quonochontaug, RI. (GMT) will convene on Sunday, October Area 616 is defined as offshore National Oceanic and Atmospheric 31, 1999, at 1 p.m. and on Monday, Federal waters off Southern New Jersey, Administration November 1, 1999, at 8 a.m. to address bounded by straight lines connecting groundfish issues on the Council the following points in the order stated: 50 CFR Part 660 agenda. They will continue to meet as [I.D. 093099A] necessary through November 5, 1999, to NMFS NORTHEAST STATISTICAL AREA address groundfish issues on the 616 Pacific Fishery Management Council; Council agenda. Public Meetings The Salmon Technical Team will Point N. Lat. W. Long. meet on Monday, November 1, 1999, at AGENCY: National Marine Fisheries 8 a.m. and on Tuesday, November 2, NJ1 40°00' 71°40' Service (NMFS), National Oceanic and ° ° 1999, at 8 a.m. to address salmon issues NJ2 39 00' 71 40' Atmospheric Administration (NOAA), NJ3 39°00' 73°00' on the Council agenda. NJ4 40°00' 73°00' Commerce. The Scientific and Statistical NJ1 40°00' 71°40' ACTION: Notice of public meetings and Committee (SSC) will convene on hearing. Monday, November 1, 1999, at 8:30 Area 622 is defined as Federal waters a.m., and on Tuesday, November 2, at off Ocean City, MD, bounded by straight SUMMARY: The Pacific Fishery 1999, 8 a.m. to address scientific issues lines connecting the following points in Management Council (Council) and its on the Council agenda. the order stated: advisory entities will hold public The Habitat Steering Group will meet meetings and a hearing for an at 9:30 a.m. on Monday, November 1, NMFS NORTHEAST STATISTICAL AREA amendment to the Pacific Coast 1999, to address issues and actions 622 Groundfish Fishery Management Plan affecting habitat of fish species managed that will address stock rebuilding and by the Council. Point N. Lat. W. Long. specific rebuilding programs for The Groundfish Advisory Subpanel lingcod, bocaccio, and Pacific ocean (GAP) will meet on Monday, November OC1 39°00' 73°00' perch. This document announces the 1, 1999, at 10 a.m. and will convene at OC2 38°00' 73°00' dates and locations of the Council ° ° 8 a.m. Tuesday, November 2, 1999, OC3 38 00' 74 00' meetings and public hearing. OC4 39°00' 74°00' through Thursday, November 4, 1999, to OC1 39°00' 73°00' DATES: The Council and its advisory address groundfish management items entities will meet October 31–November on the Council agenda.

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The Work Group on Gear Impacts will 2. Potential Revisions to 9. Control Date for Groundfish meet on Monday, November 1, 1999, Methodologies, Including Hook-and- Limited Entry from 12:00 noon to 1 p.m. to develop a Release Mortality Estimates for 10. Strategic Plan for Groundfish work plan to address fishing gear Recreational Fisheries 11. Groundfish Priorities and impacts on essential fish habitat. 3. Revisions to the Preseason Process Schedules The Budget Committee will meet on 4. Changes to 2000 Management Monday, November 1, 1999, at 1 p.m. to Measures to Protect Central Valley H. Administrative and Other Matters review the status of the 1999 Council Spring Chinook 1. Report of the Budget Committee budget and the proposed budget for 5. Test Fishery Protocol 6. Report on Selective Fishery Off 2. Status of Legislation 2000. 3. Appointments The Salmon Advisory Subpanel will Oregon in 1999 meet on Monday, November 1, 1999, at 7. Process for Reviewing Oregon 4. Draft Agenda for March 2000 1 p.m. to address salmon management Coastal Natural Coho Salmon Although non-emergency issues not items on the Council agenda. Management Program in 2000 contained in this agenda may come before this Council for discussion, those The SSC, GMT, and GAP will meet D. Habitat Issues jointly on Tuesday, November 2, 1999, issues may not be the subject of formal from 10 a.m. to 12 noon to discuss the E. Coastal Pelagic Species Management Council action during this meeting. stock assessment process. 1. Update on Implementation of Council action will be restricted to those The Enforcement Consultants will Limited Entry issues specifically listed in this meet at 5:30 p.m. on Tuesday, 2. Pacific Mackerel Harvest Guideline document and any issues arising after publication of this document that November 2, 1999, and will continue to F. Highly Migratory Species meet as necessary through November 5, require emergency action under section Management - Guidance to Plan 305(c) of the Magnuson-Stevens Fishery 1999, to address enforcement issues Development Team relating to Council agenda items. Conservation and Management Act, The following items are on the G. Groundfish Management provided the public has been notified of Council agenda, but not necessarily in 1. Status of Federal Regulations, the Council’s intent to take final action this order: NMFS Activities and Applications for to address the emergency. A. Call to Order Exempted Fishing Permits Special Accommodations 2. Fishery Management Plan 1. Opening Remarks, Introductions, Amendment for Stock Rebuilding and These meetings are physically Roll Call Specific Rebuilding Programs for accessible to people with disabilities. 2. Approve Agenda Lingcod, Bocaccio, and Pacific Ocean Requests for sign language 3. Approve June and September Perch (Public Hearing) interpretation or other auxiliary aids Meeting Minutes 3. Final Harvest Levels for 2000 should be directed to Mr. John S. 4. Regulatory Amendment to Establish Rhoton at (503) 326–6352 at least 5 days B. Pacific Halibut Management an Observer Program prior to the meeting date. 1. Summary of 1999 Fisheries 5. Review of Stock Assessment Authority: 16 U.S.C. 1801 et seq. 2. Estimate of Bycatch in 1998 Process and Stocks to be Assessed in Dated: October 7, 1999. 3. Changes to Catch Sharing Plan and 2000 Regulations for 2000 6. Terms of Reference for Harvest Bruce C. Morehead, Policy Workshop Acting Director, Office of Sustainable C. Salmon Management 7. Management Measures for 2000 Fisheries, National Marine Fisheries Service. 1. Sequence of Events and Status of 8. Status of Fisheries and Inseason [FR Doc. 99–26837 Filed 10–13–99; 8:45 am] Fisheries in 1999 Adjustments (If Necessary) BILLING CODE 3510±22±F

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Notices Federal Register Vol. 64, No. 198

Thursday, October 14, 1999

This section of the FEDERAL REGISTER price base used by producers, a system to monitor the collection and contains documents other than rules or wholesalers, and retailers to market reporting of data is needed. proposed rules that are applicable to the product. Estimate of Burden: Public reporting public. Notices of hearings and investigations, The Agricultural Marketing Act of burden for this collection of information committee meetings, agency decisions and 1946 (7 U.S.C. 1621–1627), section rulings, delegations of authority, filing of is estimated to average .033 hours per petitions and applications and agency 203(g) directs and authorizes the response. statements of organization and functions are collection and dissemination of Respondents: Fruit, vegetable, and examples of documents appearing in this marketing information including ornamental industry, or other for-profit section. adequate outlook information, on a businesses, individuals or households, market area basis, for the purpose of farms, or Federal Government. anticipating and meeting consumer Estimated Number of Respondents: DEPARTMENT OF AGRICULTURE requirements, aiding in the maintenance 18,361. of farm income and to bring about a Estimated Number of Responses per Agricultural Marketing Service balance between production and Respondent: 200. [Docket No. FV96±501±N] utilization. Estimated Total Annual Burden on The fruit and vegetable industry Respondents: 121,010. Notice of Request for Extension and provides information on a voluntary Comments are invited on: (1) Whether Revision of a Currently Approved basis, and is gathered through the proposed collection of information Information Collection confidential telephone and face-to-face is necessary for the proper performance interviews by market reporters. of the functions of the agency, including AGENCY: Agricultural Marketing Service, Reporters request supplies, demand, USDA. whether the information will have and prices of over 400 fresh fruit, practical utility; (2) the accuracy of the ACTION: Notice and request for vegetable, nut ornamental, and other agency’s estimate of the burden of the comments. specialty crops. proposed collection of information, The fruit and vegetable market news SUMMARY: In accordance with the including the validity of the reports are used by academia, but are Paperwork Reduction Act of 1995 (44 methodology and assumptions used; (3) primarily used by the fruit, vegetable U.S.C. Chapter 35), this notice ways to enhance the quality, utility, and and ornamental trade, which includes announces the Agricultural Marketing clarity of the information to be packers, processors, brokers, retailers, Service’s (AMS) request for comments collected; and (4) ways to minimize the and producers. The fruit and vegetable from the fruit, vegetable and ornamental burden of the collection of information industry requested that the Department industry to improve or change the on those who are to respond, including of Agriculture issue price and supply procedures for collecting information through the use of appropriate market reports for commodities of used to compile and generate new and automated, electronic, mechanical, or regional, national and international expand existing fruit, vegetable and other technological collection significance in order to assist them in ornamental reports to assist the trade in techniques or other forms of information making immediate production and making production and marketing technology. Comments may be sent to: marketing decisions and as a guide to decisions. Terry C. Long, Chief, Fruit and the amount of product in the supply DATES: Comments on this notice must be Vegetable Market News Branch, Fruit channel. and Vegetable Programs, AMS–USDA, received by December 13, 1999, to be Many government agencies use the assured of consideration. Room 2503 South Building, PO Box reports to make their market outlook 96456, Washington, DC 20090–6456. ADDITIONAL INFORMATION OR COMMENTS: projections. Data from these reports is All responses to this notice will be Contact Terry C. Long, Chief; Fruit and included in the information forwarded summarized and included in the request Vegetable Market News Branch, Fruit to the Secretary’s office as well, as his for OMB approval. All comments will and Vegetable Programs, AMS–USDA, staff, as needed, to keep them appraised also become a matter of public record. Room 2503 South Building, PO Box of the current market conditions and 96456, Washington, DC 20090–6456; movement of fruit, vegetable, and Dated: October 7, 1999. Telephone: (202) 720–2745, Fax: (202) ornamental commodities in the United Robert C. Keeney, 720–0547. States. Economists at most major Deputy Administrator, Fruit and Vegetable SUPPLEMENTARY INFORMATION: agricultural colleges and universities Programs. Title: Fruit and Vegetable Market use the reports to make both short and [FR Doc. 99–26803 Filed 10–13–99; 8:45 am] News. long term market projections. The data BILLING CODE 3410±02±P OMB Number: 0581–0006. is used extensively by consulting firms Expiration Date of Approval: February and private economists to aid them in 29, 2000. determining available supplies and DEPARTMENT OF AGRICULTURE Type of Request: Extension and current pricing. Commodity Credit Corporation revision of a currently approved The information is collected, information collection. compiled, and disseminated by an Total Quality Systems Audit Abstract: Collection and impartial third party, in a manner which Implementation dissemination of information for fruit, protects the confidentiality of the vegetable and ornamental production reporter. Further, since the Government AGENCY: Commodity Credit Corporation, and to facilitate trading by providing a is a purchaser of fruits and vegetables, USDA.

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ACTION: Notice of institution of ‘‘Total The audit program will be conducted compliance testing. This requirement is Quality Systems Audit’’ program for in lieu of or will reduce the need for intended to provide supplemental Commodity Credit Corporation food traditional full-scale end-item verification of program effectiveness purchases. inspections where only the final and supplier compliance with TQSA. If product is checked for conformance to deemed appropriate by the contracting SUMMARY: Notice is hereby given that, product specifications. Under TQSA office and TQSA staff, the required final the Commodity Credit Corporation suppliers are instead required to product testing by a third party (CCC) is phasing in the Total Quality establish and maintain a quality laboratory may be eliminated or Systems Audit (TQSA) program for management system that addresses all reduced. CCC’s purchases of food for aspects of production. By auditing this The development of TQSA started in humanitarian food assistance programs. quality management system, the 1997, when CCC began a pilot program This program is being implemented to absolute amount of Government to develop a quality management ensure that CCC purchases meet oversight in this process can be program that would replace traditional customer requirements and needs. substantially reduced while increasing end-item inspection. During the two Vendors offering processed confidence in the quality of the final years of the pilot program, FSA staff commodities covered by TQSA for sale product. worked with members of academia, to CCC will have to be approved under The audit program will apply specific industry, and Government to develop the TQSA standards which involve criteria that a supplier must meet to the criteria and determine the inspecting the vendor’s quality control establish bidder eligibility. During an effectiveness of the TQSA program. system and relying on that system to audit, the supplier’s quality Prior to the implementation of the assure the quality of the end product. management system will be given a TQSA procedures, CCC relied almost TQSA will reduce Government rating of ‘‘meets,’’ ‘‘partially meets,’’ or entirely on end-item inspection to oversight of the commercial sector, but ‘‘does not meet’’ on multiple criteria. ensure that food purchased for domestic can increase confidence in the final Once all required questions have been and international food asistance product. The TQSA program is a fee-for- addressed by the vendor and the audit programs met the needs and service program, and will be primarily team, a score is generated which will requirements of the program recipients. administered for CCC by the Department provide FSA with a numerical rating. Traditional statistical sampling methods of Agriculture’s Farm Service Agency FSA will establish the minimum score and finished product testing gives little (FSA) through FSA’s Warehouse necessary for bidder eligibility. If a consideration to the conditions under Licensing and Examination Division, supplier fails to meet this minimum, which a product is produced, only to Kansas City Commodity Office. All they will be considered ineligible to bid the characteristics of the final product. vendors must consult individual until the score is improved to an This approach only finds procurement announcements to acceptable level. FSA will phase in nonconforming product and allows it to determine whether their commodity is TQSA requirements on a commodity by be removed from the system, it does not subject to TQSA procedures. commodity basis, and vendors will be prevent the nonconformance from provided sufficient notification in order occurring which avoids problems of EFFECTIVE DATE: July 1, 1999. to meet TQSA requirements before non-detection that might apply where FOR FURTHER INFORMATION CONTACT: TQSA compliance is incorporated in the there was reliance on end-item Dean Jensen, Chief, Contract applicable commodity contract terms. inspection. Management Branch, Procurement and Also, by reducing Government TQSA is based on the proven premise Donations Division, Farm Service oversight and approving vendors prior that product conformance can be Agency, U.S. Department of Agriculture, to awarding contracts, the costs attained by allowing the supplier to STOP 0555, 1400 Independence associated with inspecting commodities define how production, delivery, and Avenue, SW, Washington, DC 20250– procured for food assistance programs service are handled. USDA’s role is to 0551, telephone (202) 720–2115, fax can be substantially reduced. Also, by verify that the methods chosen are (202) 690–1809; or Timothy Mehl, decreasing the likelihood of product effective and meet applicable regulatory Chief, Warehouse Licensing and non-conformance and subsequent and contractual requirements, and that Examination Division, Kansas City rejection, costs associated with the supplier adheres to its stated Commodity Office, 9200 Ward Parkway, reacquiring and replacing product are policies and procedures. further reduced. These cost reductions Kansas City, Missouri 64114, telephone Signed at Washington, DC, on October 6, (816) 926–6843, fax (816) 926–1774. benefit the food assistance programs by allowing higher quality products to be 1999. SUPPLEMENTARY INFORMATION: TQSA is a procured more economically. Keith Kelly, new method of identifying suppliers Annually, more than 825 million Executive Vice President, Commodity Credit who are considered sufficiently pounds of food products valued at Corporation. responsible to supply foods for CCC approximately $850 million are [FR Doc. 99–26802 Filed 10–13–99; 8:45 am] food purchases. The program relies on purchased by CCC and distributed for BILLING CODE 3410±05±P audits by FSA of the vendor’s quality use in domestic and international food control system. Those audits will be assistance programs. CCC and its conducted against an established suppliers have spent over $5 million DEPARTMENT OF AGRICULTURE standard. Not all products procured annually on inspection of those under CCC food assistance programs products. TQSA aims to reduce the cost Food and Nutrition Service will be evaluated using TQSA of inspection by a minimum of 30–50 Agency Information Collection procedures. Vendors should consult the percent. Activities: Proposed Collection; applicable commodity purchase During the initial months that a Comment RequestÐSchool Breakfast announcement, invitation, Notice to the supplier is subject to TQSA Program Trade, or contact the Kansas City requirements, they will be required to Commodity Office to determine whether submit samples to the appropriate AGENCY: Food and Nutrition Service, their product is covered. commodity testing laboratory for USDA.

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ACTION: Notice. of tested nutritional research.’’ Section whether the information will have 10 of the CNA requires the Secretary of practical utility; (b) the accuracy of the SUMMARY: In accordance with the Agriculture to prescribe such agency’s estimate of the burden of the Paperwork Reduction Act of 1995, the regulations as he may deem necessary to proposed collection of information, Food and Nutrition Service announces carry out this Act and the National including the validity of the its intention to request the Office of School Lunch Act. Pursuant to this methodology and assumptions used; (c) Management and Budget’s (OMB) provision, the Food and Nutrition ways to enhance the quality, utility and review of the information collections Service has issued 7 CFR part 220 to clarity of the information to be related to the School Breakfast Program, implement the School Breakfast collected; and (d) ways to minimize the OMB number 0584–0012. Program. burden of the collection of information DATES: Comments on this notice must be Respondents: State agencies, school on those who are to respond, including received by December 13, 1999 to be food authorities and schools. through the use of appropriate assured of consideration. Estimated Number of Respondents: 58 automated, electronic, mechanical, or ADDRESSES: Comments are invited on: State agencies, 10,018 school food other technological collection (a) Whether the proposed collection of authorities, and 71,672 schools. techniques or other forms of information information is necessary for the proper Average Number of Responses per technology. performance of the functions of the Respondent: The number of responses is All comments will be summarized agency, including whether the estimated to be 16 responses per and included in the request for OMB information will have practical utility; respondent per year. approval, and will become a matter of (b) the accuracy of the agency’s estimate Estimated Total Annual Burden on public record. of the burden of the proposed collection Respondents: The recordkeeping burden FOR FURTHER INFORMATION: Contact Mr. of information, including the validity of hours are estimated at 4,674,185, and Terry Hallberg at (703) 305–2600. the methodology and assumptions used; the reporting burden hours are SUPPLEMENTARY INFORMATION: (c) ways to enhance the quality, utility estimated at 220,516, for an estimated Title: 7 CFR part 210, National School and clarity of the information to be total annual burden of 4,894,701. Lunch Program. collected; and (d) ways to minimize the Dated: October 5, 1999. OMB Number: 0584–0006. burden of collection of information on Samuel Chambers, Jr., Expiration Date: October 31, 1999. Type of Request: Extension of a those who are to respond, including Administrator. through the use of appropriate currently approved collection. [FR Doc. 99–26731 Filed 10–13–99; 8:45 am] Abstract: The National School Lunch automated, electronic, mechanical or BILLING CODE 3410±30±P Act (NSLA), as amended, authorizes the other technological collection National School Lunch Program. The techniques or other forms of information National School Lunch Program is a technology. Comments and requests for DEPARTMENT OF AGRICULTURE nutrition assistance program whose copies of this information collection benefit is a lunch that meets the may be sent to Mr. Terry Hallberg, Food and Nutrition Service nutritional requirements prescribed by Chief, Program Analysis and Monitoring the Department of Agriculture in Branch, Child Nutrition Division, Food Agency Information Collection accordance with Subsection 9(a) of the and Nutrition Service, USDA, 3101 Park Activities: Proposed Collection; NSLA. That provision requires that Center Drive, Room 1006, Alexandria, Comment RequestÐ7 CFR Part 210, ‘‘[l]unches served by the schools Virginia 22302. National School Lunch Program participating in the school lunch All responses to this Notice will be AGENCY: Food and Nutrition Service, program under this Act shall meet summarized and included in the request USDA. minimum requirements prescribed by for OMB approval, and will become a ACTION: Notice. the Secretary on the basis of tested matter of public record. nutritional research. * * *’’ Section 10 SUMMARY: In accordance with the FOR FURTHER INFORMATION CONTACT: Mr. of the Child Nutrition Act of 1966, as Paperwork Reduction Act of 1995, this Terry Hallberg, at (703) 305–2600. amended, requires the Secretary of Notice announces the Food and SUPPLEMENTARY INFORMATION: Agriculture to prescribe such Nutrition Service’s (FNS) intention to Title: School Breakfast Program. regulations as he may deem necessary to request Office of Management and OMB Number: 0584–0012. carry out this Act and the NSLA.’’ Budget (OMB) review of the information Expiration Date: 10/31/99. Pursuant to that provision, FNS has collections related to the National Type of Request: Extension of a issued Part 210 implement the School Lunch Program, OMB number currently approved collection. recordkeeping and reporting 0584–0006. Abstract: Section 4 of the Child requirements of the NSLP. Nutrition Act of 1966 (CNA), as DATES: To be assured of consideration, Respondents: State agencies, school amended, authorizes the School comments must be received by food authorities, schools. Breakfast Program. The School Breakfast December 13, 1999. Estimated Number of Respondents: 58 Program is a nutrition assistance ADDRESSES: Send comments and State agencies, 20,348 school food program whose benefit is a breakfast requests for copies of this information authorities, 96,506 schools. meeting nutritional requirements collection to: Mr. Terry Hallberg, Chief, Average Number of Responses per prescribed by the Department in Program Analysis and Monitoring Respondent: The number of responses is accordance with section 4(e) of the Branch, Child Nutrition Division, Food estimated to be 19 responses per CNA. That provision requires that and Nutrition Service, U.S. Department respondent per year. ‘‘[b]reakfasts served by schools of Agriculture, 3101 Park Center Drive, Estimated Total Annual Burden on participating in the school breakfast Room 1006, Alexandria, Virginia 22302. Respondents: The recordkeeping hours program under this section shall consist Comments are invited on: (a) Whether are estimated at 8,497,780, and the of a combination of foods and shall meet the proposed collection of information reporting burden hours are estimated at minimum nutritional requirements is necessary for the proper performance 1,099,001, for an estimated total annual prescribed by the Secretary on the basis of the functions of the agency, including burden of 9,596,781.

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Dated: October 5, 1999. PPIA include requirements for federal consumers. Retail stores that believe Samuel Chambers, Jr., inspection, and they prohibit selling or their operations have been subjected to Administrator. transporting, offering for sale or federal inspection solely because they [FR Doc. 99–26732 Filed 10–13–99; 8:45 am] transportation, or receiving for transport products to additional BILLING CODE 3410±30±P transportation, in commerce, products locations before sale may request that that are adulterated or misbranded and inspection be terminated. (The request products required to be inspected unless should be directed to the district office DEPARTMENT OF AGRICULTURE they have been inspected and passed for the district in which a store is (21 U.S.C. 458(a)(2) and 610(c)). located.) The Agency is informing State Food Safety and Inspection Service Intrastate operations and transactions inspection program officials, as well as are effectively subject to the same FSIS personnel, of this change. [Docket No. 99±041N] requirements and prohibitions, pursuant In addition, FSIS is reviewing its Exemption of Retail Store Operations to a State inspection program or regulations on the exemption of retail From Inspection Requirements designation for federal inspection (21 operations from requirements for U.S.C. 454(c)(1) and 661(c)(1)). inspection under the FMIA or the PPIA. AGENCY: Food Safety and Inspection In The Original Honey Baked Ham After completing this review, the Service, USDA. Company of Georgia, Inc. v. Glickman, Agency intends to initiate notice-and- ACTION: Notice. et al., 172 F.3d 885, 886 (D.C. Cir. 1999), comment rulemaking on the application the United States Court of Appeals for of these requirements and on the SUMMARY: The Food Safety and the District of Columbia Circuit decided handling conditions necessary to ensure Inspection Service (FSIS) is publishing that Honey Baked Ham retail stores that that products delivered to consumers this notice to advise interested persons are exempt from federal inspection are not adulterated or misbranded. (See of a change in the application of the requirements do not become subject to 21 U.S.C. 454, 455, 463(a), 464, 603 requirements for inspection under the those requirements when they supply through 606, 623, 624, and 661.) Federal Meat Inspection Act (FMIA) and their own temporary kiosks (booths with Additional Public Notification the Poultry Products Inspection Act refrigeration units) with cooked hams (PPIA). The United States Court of and cooked turkeys that the retail stores Pursuant to Departmental Regulation Appeals for the District of Columbia have sliced, glazed, and packaged. 4300–4, ‘‘Civil Rights Impact Analysis,’’ Circuit recently decided that retail According to the Court of Appeals: dated September 22, 1993, FSIS has considered the potential civil rights stores exempt from federal inspection ** * That the company’s retail stores requirements do not become subject to impact of this notice on minorities, supply temporary kiosks during holiday women, and persons with disabilities. those requirements when they supply seasons does not * * * transform them into their own kiosks with cooked hams and ‘‘hybrid retail/wholesale’’ establishments to FSIS anticipates that this notice will not cooked turkeys that the retail stores which the federal inspection requirements have a negative or disproportionate have sliced, glazed, and packaged. As a apply. A wholesaler does not sell to the impact on minorities, women, or result, inspection under the FMIA or the ultimate consumer; a wholesaler is a persons with disabilities. However, PPIA is not required if an otherwise middleman who sells to a retailer. To the notices generally are designed to extent that Honey Baked Ham’s retail stores provide information and public exempt retail store transports products supply the company’s kiosks, they still do such as these to additional locations awareness of policy developments is not fit within the category of ‘‘wholesalers.’’ important. Consequently, in an effort to before it sells them to consumers. The stores do not sell their products to the better ensure that minorities, women, FSIS is reviewing its regulations on kiosks; the kiosks are simply an extension of the exemption of retail operations from the stores’ retail operations. According to the and persons with disabilities are aware requirements for inspection under the ** * Department’s own regulations, the of this notice, FSIS will announce the FMIA and the PPIA. After completing company’s stores fit within the description of publication of this Federal Register retail establishments, kiosks or not. Their this review, the Agency intends to notice in the FSIS Constituent Update. operations, of the sort ‘‘traditionally and FSIS provides a weekly FSIS initiate notice-and-comment rulemaking usually conducted at retail stores,’’ will not Constituent Update, which is on the application of these requirements change when they supply kiosks. The stores communicated via fax to over 300 and on the handling conditions glaze, slice and package products. See 9 CFR organizations and individuals. In necessary to ensure that products §§ 303.1(d)(2)(i)(a), (c), (e), 381.10(d)(2)(i). addition, the update is available on line delivered to consumers are not They sell to consumers only, not to retailers. through the FSIS web page located at adulterated or misbranded. See 9 CFR §§ 303.1(d)(2)(iii)(a), 381.10(d)(2)(iii)(a). They use meat and http://www.fsis.usda.gov. The web page FOR FURTHER INFORMATION CONTACT: poultry products that are federally- or State- is used to provide information regarding Philip Derfler, Deputy Administrator, inspected and passed. See 9 CFR FSIS policies, procedures, regulations, Office of Policy, Program Development §§ 303.1(d)(2)(iii)(c), 381.10(d)(2)(iii)(c). Federal Register notices, FSIS public and Evaluation, Food Safety and ** * [T]here is no indication that [Honey meetings, recalls, and any other types of Baked] sales * * * will exceed normal retail Inspection Service, Washington, DC information that could affect or would 20250–3700; (202) 720–2710. quantities. See 9 CFR §§ 303.1(d)(2)(ii), 381.10(d)(2)(ii). Because the company’s retail be of interest to our constituents/ SUPPLEMENTARY INFORMATION: The Food stores will not lose their retail character or stakeholders. The constituent fax list Safety and Inspection Service (FSIS) become ‘‘similar’’ to wholesale consists of industry, trade, and farm administers a regulatory program under establishments when the kiosk system is groups, consumer interest groups, allied the Federal Meat Inspection Act (FMIA) fully implemented, the stores are not health professionals, scientific (21 U.S.C. 601 et seq.) and the Poultry required to submit to federal inspection. professionals, and other individuals that Products Inspection Act (PPIA) (21 172 F.3d at 889. have requested to be included. U.S.C. 451 et seq.) to protect the health Therefore, otherwise exempt retail Through these various channels, FSIS and welfare of consumers by preventing store operations do not become subject is able to provide information to a much the distribution of products that are to inspection requirements because a broader, more diverse audience. For unwholesome, adulterated, or retail store transports products such as more information and to be added to the misbranded. Both the FMIA and the these to additional locations for sale to constituent fax list, fax your request to

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.007 pfrm04 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55695 the Congressional and Public Affairs expected as a result of the construction 10 seconds to enter the Patent Number Office, at (202) 720–5704. of the project. and Serial Number to retrieve payment Done at Washington, DC, on: October 6, The environmental assessment can be information and 10 seconds to select the 1999. reviewed at the Clark County Public fee codes to be paid if the patentee Thomas J. Billy, Library, 370 South Burns Avenue, wishes to pay for the maintenance fee, for a total of 20 seconds. Petition to Administrator. Winchester, Kentucky, telephone (606) 744–5661, the headquarters of East Accept Unavoidably Delayed Payment [FR Doc. 99–26733 Filed 10–13–99; 8:45 am] Kentucky Power Cooperative, 4775 of Maintenance Fee in an Expired Patent BILLING CODE 3410±DM±P Lexington Road, Winchester, Kentucky, Form PTO/SB/65 and Petition to Accept or the headquarters of RUS, at the Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent DEPARTMENT OF AGRICULTURE address provided above. Questions and comments should be Form PTO/SB/66 are estimated to take Rural Utilities Service sent to RUS at the address provided. one hour each to complete. RUS will accept questions and Needs and Uses: The identification of East Kentucky Power Cooperative, comments on the environmental the application number and the patent Inc., Notice of Availability of an assessment for at least 30 days from the number, the maintenance fee amount, Environmental Assessment date of publication of this notice. and the surcharge amount on forms Any final action by RUS related to the POT/SB/45 and PTO/SB/47 will be used AGENCY: Rural Utilities Service, USDA. proposed project will be subject to, and by the PTO to record the payment of ACTION: Notice of availability of an contingent upon, compliance with all maintenance fees in order to keep the environmental assessment. relevant Federal environmental laws patents in force. The information will be and regulations and completion of used to prepare a receipt for the SUMMARY: Notice is hereby given that environmental review procedures as patentee and to determine whether or the Rural Utilities Service (RUS) is prescribed by the 7 CFR part 1794, not a maintenance fee has been paid in issuing an environmental assessment Environmental Policies and Procedures. response to any inquiry from the public. with respect to the potential The optional information of the environmental impacts related to the Dated: October 6, 1999. payment year and the small entity status addition of an 80 megawatt combustion Glendon D. Deal, are necessary to determine the amount turbine in Clark County, Kentucky. RUS Acting Director, Engineering and of the maintenance fee due. may provide financing assistance to East Environmental Staff. The use of forms PTO/SB/65 and Kentucky Power Cooperative for the [FR Doc. 99–26730 Filed 10–13–99; 8:45 am] PTO/SB/66 readily and conveniently project. BILLING CODE 3410±15±P indicates to the PTO that the required FOR FUTHER INFORMATION CONTACT: Bob elements for the filing of petitions under Quigel, Environmental Protection 37 CFR 1.378(b) or (c) have or have not Specialist, Rural Utilities Service, DEPARTMENT OF COMMERCE been submitted. For example, the above Engineering and Environmental Staff, forms include the verified statement and Stop 1571, 1400 Independence Avenue, Submission for OMB Review; appropriate check boxes (list) for SW, Washington, DC 20250–1571, Comment Request indicating that the required items have telephone: (202) 720–0468. Bob’s e-mail been attached to the petition form, such The Department of Commerce (DoC) as the maintenance fee, small entity address is [email protected]. has submitted to the Office of Information is also available from Jeff status, reason for unintentional or Management and Budget (OMB) for unavoidable delay, and surcharge. The Hohman, Environmental Manager, East clearance the following proposal for Kentucky Power Cooperative, P.O. Box top of the form indicates a space for the collection of information under the patent number and issue date, and the 707, Winchester, Kentucky 40392–0707, provisions of the Paperwork Reduction telephone (606) 744–4812. application number and corresponding Act (44 U.S.C. chapter 35). filing date. This identifying information SUPPLEMENTARY INFORMATION: The Agency: Patent and Trademark Office assists the Office in matching the fee project consists of the construction of an (PTO). with the appropriate patent. additional 80 megawatt combustion Title: Rules for Patent Maintenance Affected Public: Individuals or turbine at East Kentucky Power Fees. households, business or other for-profit Cooperative’s Smith Combustion Form Numbers: PTO/SB/45/47/65/66. institutions, not-for-profit institutions, Turbine Site located approximately 9 Agency Approval Number: 0651– and the Federal government. miles southeast of Winchester, 0016. Frequency: Three (3) times; once Kentucky. There are 3, 100 megawatt Type of Request: Reinstatement, with every four years for payment of combustion turbines currently in change, of a previously approved maintenance fees and on occasion for operation at the site. The additional unit collection for which approval has petitions to reinstate an expired patent will be constructed next to the 3 expired. (unintentional or unavoidable). existing units. Burden: 26,099 hours annually. Respondent’s Obligation: Required to East Kentucky Power Cooperative Number of Respondents: 326,101 obtain or retain a benefit. prepared an environmental report for responses annually. OMB Desk Officer: Peter Weis, (202) RUS which describes the project and Avg. Hours Per Response: Based on 395–3630. assesses its environmental impacts. RUS estimates and knowledge of the forms, Copies of the above information has conducted an independent the PTO estimates the burden hours collection proposal can be obtained by evaluation of the environmental report required by the public to gather, prepare calling or writing Linda Engelmeier, and believes that it accurately assesses and submit Maintenance Fee Departmental Forms Clearance Officer, the impacts of the proposed project. Transmittal Form PTO/SB/45 and ‘‘Fee Office of the Chief Information Officer, This environmental report will serve as Address’’ Indication Form PTO/SB/47 (202) 482–3272, Department of RUS’ environmental assessment of the to be five minutes each. In the electronic Commerce, Room 5027, 14th and project. No significant impacts are version, it is estimated that it will take Constitution Avenue, NW, Washington,

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Washington, DC 20230 (or via the collection of sales data at the FOR FURTHER INFORMATION CONTACT: J. Internet at [email protected]). establishment level. David Dirstine or Richard Rimlinger, Written comments and Affected Public: Businesses or other Office of AD/CVD Enforcement, Import recommendations for the proposed for-profit organizations. Administration, International Trade information collection should be sent to Frequency: Annually. Administration, U.S. Department of Peter Weiss, OMB Desk Officer, Room Respondent’s Obligation: Mandatory. Commerce, 14th Street and Constitution 10236, New Executive Office Building, Legal Authority: Title 13 USC, Avenue, NW, Washington, DC 20230; Washington DC 20503. sections 182, 224, and 225. telephone (202) 482–4733. OMB Desk Officer: Susan Schechter, SUPPLEMENTARY INFORMATION: Dated: October 7, 1999. (202) 395–5103. Linda Engelmeier, Copies of the above information Background Departmental Forms Clearance Officer, Office collection proposal can be obtained by In a letter dated July 16, 1999, of the Chief Information Officer. calling or writing Linda Engelmeier, Tsubaki-Nakashima Co., Ltd. (Tsubaki- [FR Doc. 99–26756 Filed 10–13–99; 8:45 am] DOC Forms Clearance Officer, (202) Nakashima) advised the Department of BILLING CODE 3510±16±P 482–3272, Department of Commerce, Commerce (the Department) that, room 5027, 14th and Constitution effective April 1, 1996, Tsubakimoto Avenue, NW, Washington, DC 20230 (or Precision Products, Co., Ltd. DEPARTMENT OF COMMERCE via the Internet at [email protected]). (Tsubakimoto) merged with Nakashima Written comments and Submission for OMB Review; Manufacturing Co., Ltd. (Nakashima). recommendations for the proposed According to the submission, Comment Request information collection should be sent Tsubakimoto was the surviving within 30 days of publication of this DOC has submitted to the Office of company and is currently operating notice to Susan Schechter, OMB Desk Management and Budget (OMB) for under the name Tsubaki-Nakashima. Officer, room 10201, New Executive clearance the following proposal for Tsubaki-Nakashima stated that the Office Building, Washington, DC 20503. collection of information under the former President of Tsubakimoto is now provisions of the Paperwork Reduction Dated: October 8, 1999. the President of Tsubaki-Nakashima, Act (44 U.S.C. chapter 35). Linda Engelmeier, that the former Executive Vice President Agency: Census Bureau. Departmental Forms Clearance Officer, Office of Tsubakimoto is now one of three Title: Annual Retail Trade Report. of the Chief Information Officer. Executive Vice Presidents of Tsubaki- Form Number(s): SA–44, –44A, –44C, [FR Doc. 99–26757 Filed 10–13–99; 8:45 am] Nakashima (two additional Executive –44N, –45, –45C, –721. BILLING CODE 3510±07±P Vice Presidents were added following Agency Approval Number: 0607– the merger), that the sole Managing 0013. Director of Tsubaki-Nakashima was one Type of Request: Revision of a DEPARTMENT OF COMMERCE of two Managing Directors of currently approved collection. Tsubakimoto, and, further, that all the International Trade Administration current Directors of Tsubaki-Nakashima Burden: 9,437 hours. were Directors of Tsubakimoto. Tsubaki- Number of Respondents: 23,337. [A±588±804] Nakashima also stated that its Avg Hours Per Response: 24 and one production facilities are substantially half minutes. Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts similar to Tsubakimoto. Specifically, Needs and Uses: The Bureau of the Tsubaki-Nakashima stated that three of Census conducts the Annual Retail Thereof from Japan; Final Results of Changed-Circumstances Review its four production facilities were Trade Survey to collect annual totals of operated previously by Tsubakimoto. sales, inventories, inventory valuation AGENCY: Import Administration, Finally, Tsubaki-Nakashima stated that methods, purchases, and accounts International Trade Administration, its supplier relationships and customer receivable balances from a sample of Department of Commerce. base are substantially similar to those of retail establishments in the United ACTION: Notice of final results of Tsubakimoto. Tsubaki-Nakashima States. The estimates compiled from this changed-circumstances review. submitted exhibits listing the survey are critical to the accurate management, production faciliites, measurement of total economic activity SUMMARY: On August 10, 1999, the major suppliers, and customers of both and are used in computing such Department of Commerce published the Tsubaki-Nakashima and Tsubakimoto. indicators of economic well-being as the notice of initiation and preliminary On August 10, 1999, the Department Gross Domestic Product and the results of its changed-circumstances published in the Federal Register (64 National Income and Product Accounts. review concerning its examination of FR 43341) the notice of initiation and Survey results also provide valuable whether Tsubaki-Nakashima Co., Ltd. is preliminary results of its antidumping information for economic policy the successor-in-interest to Tsubakimoto duty changed circumstances review of decisions and actions by the Precision Products, Co., Ltd. for the antidumping duty order on ball government and are widely used by purposes of determining antidumping bearings and parts thereof from Japan. private businesses, trade organizations, liability. We have now completed that We now have completed this changed- professional associations, and others for review and determine that Tsubaki- circumstances review in accordance market research and analysis. Nakashima Co., Ltd. is the successor-in- with section 751(b) of the Tariff Act, as In this request, we are changing report interest to Tsubakimoto Precision amended (the Act). form numbers and adding new industry Products, Co., Ltd. for antidumping duty coverage to accommodate the law purposes and, as such, receives the Scope of the Review changeover to NAICS based economic antidumping duty cash deposit rate The products covered by this review classifications, adding questions about previously assigned to Tsubakimoto are ball bearings and parts thereof. on-line sales and e-commerce, and Precision Products, Co., Ltd. of 7.77 These products include all ball bearings redrawing an overall smaller survey percent ad valorem. that employ balls as the rolling element. sample to reflect our discontinued EFFECTIVE DATE: October 14, 1999. Imports of these products are classified

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For a Washington, DC 20230; telephone (202) subheadings: 3926.90.45, 4016.93.00, complete discussion of the basis for this 482–4087 or 482–2239, respectively. 4016.93.10, 4016.93.50, 6909.19.5010, decision, see Antifriction Bearings SUPPLEMENTARY INFORMATION: 8431.20.00, 8431.39.0010, 8482.10.10, The (Other Than Tapered Roller Bearings) Department of Commerce is extending 8482.10.50, 8482.80.00, 8482.91.00, and Parts Thereof From Japan; 8482.99.05, 8482.99.2580, 8482.99.35, the time limit for completion of this Initiation and Preliminary Results of administrative review until October 29, 8482.99.6595, 8483.20.40, 8483.20.80, Changed-Circumstances Antidumping 8483.50.8040, 8483.50.90, 8483.90.20, 1999, because it is not practicable to Duty Administrative Review, 64 FR complete it within the original time 8483.90.30, 8483.90.70, 8708.50.50, 43341 (August 10, 1999). 8708.60.50, 8708.60.80, 8708.70.6060, limit, in accordance with section 8708.70.8050, 8708.93.30, 8708.93.5000, Comments 751(a)(3)(A) of the Trade and Tariff Act 8708.93.6000, 8708.93.75, 8708.99.06, Although we gave interested parties of 1930, as amended by the Uruguay 8708.99.31, 8708.99.4960, 8708.99.50, an opportunity to comment on the Round Agreements Act of 1994. 8708.99.5800, 8708.99.8080, 8803.10.00, preliminary results, none were This extension is in accordance with 8803.20.00, 8803.30.00, 8803.90.30, and submitted. section 751(a)(3)(A) of the Tariff Act of 8803.90.90. 1930, as amended (19 U.S.C. 1675 The size or precision grade of a Final Results of Review (a)(3)(A)). bearing does not influence whether the We determine that Tsubaki- Dated: October 4, 1999. bearing is covered by the order. For a Nakashima is successor-in-interest to Richard W. Moreland, further discussion of the scope of the Tsubakimoto and, accordingly, Tsubaki- Deputy Assistant Secretary, AD/CVD order being reviewed, including recent Nakashima will receive the same Enforcement Group I. scope determinations, see Antifriction antidumping duty treatment as the [FR Doc. 99–26841 Filed 10–13–99; 8:45 am] Bearings (Other Than Tapered Roller former Tsubakimoto, i.e., 7.77 percent BILLING CODE 3510±DS±P Bearings) and Parts Thereof from antidumping duty cash deposit rate. We France, Germany, Italy, Japan, will instruct the U.S. Customs Service Romania, Singapore, Sweden and the accordingly. DEPARTMENT OF COMMERCE United Kingdom; Final Results of We are issuing and publishing this Antidumping Duty Administrative determination and notice in accordance International Trade Administration Reviews, 63 FR 33320 (June 18, 1998). with sections 751(b)(1) and 777(i)(1) of Although the HTS item numbers are the Act and section 351.216 of the [A±570±820] provided for convenience and customs Department’s regulations. Certain Compact Ductile Iron purposes, the written description of the Dated: September 29, 1999. Waterworks Fittings and Glands From scope of this proceeding remains Robert S. LaRussa, dispositive. the People's Republic of China: Assistant Secretary For Import Preliminary Results of Antidumping Successorship Administration. Duty Administrative Review According to its July 16, 1999 [FR Doc. 99–26723 Filed 10–13–99; 8:45 am] submission, Tsubakimoto was the BILLING CODE 3510±DS±P AGENCY: Import Administration, surviving company of its merger with International Trade Administration, Nakashima and is currently operating Department of Commerce. under the name Tsubaki-Nakashima Co. DEPARTMENT OF COMMERCE SUMMARY: The Department of Commerce Since December 17, 1996, Tsubakimoto International Trade Administration (‘‘the Department’’) is conducting an has been assigned a 7.77 percent administrative review of the antidumping duty cash deposit rate (see [A±549±813] antidumping duty order on Certain Antifriction Bearings (Other Than Compact Ductile Iron Waterworks Tapered Roller Bearings) and Parts 1997/1998 Antidumping Duty Fittings and Glands (‘‘CDIW’’) from the Thereof from France, Germany, Italy, Administrative Review of Canned People’s Republic of China in response Japan, Romania, Singapore, Sweden Pineapple Fruit From Thailand to requests by the respondent, Beijing and the United Kingdom; Final Results AGENCY: Import Administration, Metals and Minerals Import and Export of Antidumping Duty Administrative International Trade Administration, Corporation, and its Cheng Hong Reviews, 61 FR 66472 (December 17, Department of Commerce. Foundry (collectively known as 1996)). Thus Tsubaki-Nakashima ACTION: Notice of extension of time ‘‘BMMIEC’’). The period of review is requested that the Department make a limit. September 1, 1997, through August 31, determination that Tsubaki-Nakashima 1998. should receive the same antidumping SUMMARY: The Department of Commerce We have preliminarily determined duty treatment as the former is extending the time limit of the final that U.S. sales of subject merchandise Tsubakimoto with respect to ball results of the 1997/1998 antidumping by BMMIEC have not been made below bearings. duty administrative review of canned normal value. Since BMMIEC submitted Upon examining the factors of: (1) pineapple fruit from Thailand. This full responses to the antidumping Management; (2) production facilities; review covers the period July 1, 1997, questionnaire and it has been (3) supplier relationships; and (4) through June 30, 1998. established that it is sufficiently

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On August 16, addition, compact ductile iron flanged Interested parties are invited to 1999, BMMIEC submitted revised sales fittings are excluded from the scope of comment on these preliminary results. and factors of production data. this order, as they have significantly EFFECTIVE DATE: October 14, 1999. Scope of Review different characteristics and uses than CDIW fittings. FOR FURTHER INFORMATION CONTACT: The products subject to this CDIW fittings are classifiable under Lyman Armstrong, Jim Terpstra or Paige antidumping duty order are (1) certain subheading 7307.19.30.00 of the Rivas, AD/CVD Enforcement Group II, compact ductile iron waterworks Harmonized Tariff Schedule of the Office IV, Import Administration, (CDIW) fittings of 3 to 16 inches United States (HTSUS). Standard International Trade Administration, nominal diameter regardless of shape, ductile iron glands are classifiable U.S. Department of Commerce, 14th including bends, tees, crosses, wyes, under HTSUS subheading Street and Constitution Avenue, NW, reducers, adapters, and other shapes, 7325.99.10.00. Although the HTSUS Washington, DC 20230; telephone: (202) whether or not cement line, and subheadings are provided for 482–3601, (202) 482–3965, or (202) 482– whether or not covered with bitumen or convenience and customs purposes, our 0651 respectively. similar substance, conforming to written description of the scope of this SUPPLEMENTARY INFORMATION: American Water Works Association/ order is dispositive. American National Standards Institute Applicable Statute and Regulations (AWWA/ANSI) specification C153/ Separate Rates Unless otherwise indicated, all A21.53, and rated for water working It is the Department’s policy to assign citations to the Tariff Act of 1930, as pressure of 350 PSI; and (2) certain all exporters of the merchandise subject amended (the Act), are references to the CDIW standard ductile iron glands for to review in non-market-economy provisions effective January 1, 1995, the fittings in sizes 3 to 16 inches, (NME) countries a single rate, unless an effective date of the amendments made conforming to AWWA/ANSI exporter can demonstrate an absence of to the Act by the Uruguay Round specification C111/A21.11 and rated for government control, both in law and in Agreements Act. In addition, unless water working pressure of 350 PSI. All fact, with respect to exports. To otherwise indicated, all citations to the accessory packs (including accessory establish whether an exporter is Department’s regulations are to the packs containing glands), are excluded sufficiently independent of government regulations at 19 CFR part 351 (1998). from the scope of this order. control to be entitled to a separate rate, The types of CDIW fittings covered by the Department analyzes the exporter in Background this order are compact ductile iron light of the criteria established in the The Department received a request for mechanical joint waterworks fittings Final Determination of Sales at Less review from BMMIEC on September 30, and compact ductile iron push-on joint Than Fair Value: Sparklers from the 1997. We published a notice of waterwork fittings, both of which are People’s Republic of China, 56 FR 20588 initiation of this review on October 29, used for the same application. CDIW (May 6, 1991) (Sparklers), as amplified 1997 (63 FR 58010). fittings are used to join water main in the Final Determination of Sales at On December 1, 1998, we issued an pressure pipes, valves, or hydrants in Less Than Fair Value: Silicon Carbide antidumping questionnaire to BMMIEC. straight lines, and change, divert, from the People’s Republic of China, 59 The Department received responses to divide, or direct the flow of raw and/or FR 22585 (May 2, 1994) (Silicon Section A on January 6, 1999 and treated water in piping systems. CDIW Carbide). Evidence supporting, though Sections C and D on February 11, 1999. fittings attach to the pipe, valve, or not requiring, a finding of de jure We issued a supplemental hydrant at a joint and are used absence of government control over questionnaire to BMMIEC on March 18, principally for municipal water export activities includes: (1) An 1999. The response to this supplemental distribution systems. CDIW glands are absence of restrictive stipulations questionnaire was received on April 12, used to join mechanical joint CDIW associated with an individual exporter’s 1999. On April 27, 1999, the fittings to pipes. business and export licenses; (2) any Department issued a second CDIW fittings with nominal diameters legislative enactments decentralizing supplemental questionnaire to greater than 16 inches, are specifically control of companies; and (3) any other BMMIEC. The response to the second excluded from the scope of the order. formal measures by the government supplemental questionnaire was Nonmalleable cast iron fittings (also decentralizing control of companies. received on May 5, 1999. called gray iron fittings) and full-bodied Evidence relevant to a de facto absence Under section 751(a)(3)(A) of the Act, ductile fittings are also specifically of government control with respect to the Department may extend the excluded from the scope of this order. exports is based on four factors, whether deadline for issuing a preliminary Nonmalleable cast iron fittings have the respondent: (1) Sets its own export determination in an administrative little ductility and are generally rated prices independent from the review if it determines that it is not only 150 to 250 PSI. Full-bodied ductile government and other exporters; (2) can practicable to complete the preliminary fittings have a longer body design than retain the proceeds from its export sales; review within the statutory time limit of a compact fitting because in the (3) has the authority to negotiate and 245 days. On May 13, 1999, the compact design the straight section of sign contracts; and (4) has autonomy Department published a notice of the body is omitted to provide a more from the government regarding the extension of the time limit for the compact and less heavy fitting without selection of management. See Silicon preliminary results in this case to reducing strength or flow Carbide, 59 FR at 22587; see also September 30, 1999. See CDIW From the characteristics. In addition, the full- Sparklers, 56 FR at 20589.

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BMMIEC responded to the by valuing the factors of production in For pig iron, ferrosilicon, limestone, and Department’s request for information a comparable market economy country perlite, we used the import prices regarding separate rates, by providing which is a significant producer of contained in the September and the requested documentation. We have comparable merchandise. November 1997, as well as the March determined that the evidence on the Section 773(c)(4) of the Act and 19 1998 issues of Indian Import Statistics. record demonstrates an absence of CFR 351.408 direct us to select a For ferrosilico manganese, we relied on government control, both in law and in surrogate country that is economically import prices contained in the fact, with respect to BMMIEC’s exports, comparable to the PRC. On the basis of September 1997 and March 1998 issues in accordance with the criteria per capita gross domestic product of Indian Import Statistics. For coke identified in Sparklers and Silicon (GDP), the growth rate in per capita (hard), we used the November 1997 Carbide. For further information, see GDP, and the national distribution of issue of Indian Import Statistics. For Separate Rates Memo dated September labor, we find that India is a comparable firewood and cement, we relied on 30, 1999. As a result, BMMIEC is economy to the PRC. See Memorandum import prices contained in the April entitled to a separate rate. from Director, Office of Policy, to Office 1997 through March 1998 issues of Director, AD/CVD Group II, Office IV, Indian Import Statistics. For those Export Price dated May 21, 1999. values not contemporaneous with the We calculated EP in accordance with Section 773(c)(4) of the Act also POR, we adjusted for inflation using the section 772(a) of the Act, because the requires that, to the extent possible, the wholesale price indices (WPI) published subject merchandise was sold directly to Department use a surrogate country that by the International Monetary Fund the first unaffiliated purchaser in the is a significant producer of merchandise (IMF). We made further adjustments to United States prior to importation and comparable to CDIW. For purposes of account for freight costs between the constructed export price (CEP) the LTFV investigation, we found that suppliers and BMMIEC’s manufacturing methodology was not otherwise India was a significant producer of facilities. warranted, based on the facts of record. comparable merchandise. See Notice of In accordance with our practice, we We calculated EP based on packed, CIF Final Determination of Sales at Less added to CIF import values from India U.S. port, or FOB PRC port, prices to Than Fair Value: CDIW Fittings and a surrogate freight cost using the shorter unaffiliated purchasers in the United Accessories from the People’s Republic of the reported distances from either the States, as appropriate. We made of China, 58 FR 37908 (July 14, 1993) closest PRC port to the factory, or from deductions from the starting price, (CDIW Final Determination). For the domestic supplier to the factory. See where appropriate, for ocean freight purposes of this administrative review, Final Determination of Sales at Less services which were provided by market we find that India is a producer of CDIW Than Fair Value: Certain Cut-to-Length economy suppliers. We also deducted based on information submitted by the Carbon Steel Plate From the People’s from the starting price, where respondents in their August 1999 Republic of China, 62 FR 61977 appropriate, an amount for foreign submission. Therefore, we have (November 20, 1997). inland freight, foreign brokerage and continued to use India as the surrogate We valued labor based on a handling. As these movement services country and have used publicly regression-based wage rate, in were provided by NME suppliers, we available information relating to India, accordance with 19 CFR 351.408(c)(3). valued them using Indian rates. See unless otherwise noted, to value the For electricity, we relied upon public ‘‘Normal Value’’ section below for various factors of production. information from the 1995 edition of further discussion. For purposes of calculating NV, we IEA Energy Prices and Taxes to obtain valued PRC factors of production, in an average price for electricity provided Normal Value accordance with section 773(c)(1) of the to industries in India. We adjusted the Section 773(c)(1) of the Act provides Act. Factors of production include, but values to reflect inflation up to the POR that the Department shall determine the are not limited to: hours of labor using the WPI published by the IMF. normal value (NV) using a factors-of- employed; quantities of raw materials For the reported packing materials production methodology if: (1) The required; amounts of energy and other (i.e., bituminous pitch, steel angles and merchandise is exported from an NME utilities consumed; and representative straps, and welding rod), we relied upon country; and (2) the information does capital cost, including depreciation. In Indian import data in the April 1997 not permit the calculation of NV using examining surrogate values, we through March 1998 issues of Indian home-market prices, third-country selected, where possible, the publicly Import Statistics. We adjusted the prices, or constructed value under available value which was: an average values to reflect inflation up to the POR section 773(a) of the Act. non-export value; representative of a using the WPI published by the IMF. The Department has treated the PRC range of prices within the POR or most Additionally, we adjusted these values as an NME country in all previous contemporaneous with the POR; to account for freight costs incurred antidumping cases. In accordance with product-specific; and tax-exclusive. For between the suppliers and BMMIEC. section 771(18)(C)(i) of the Act, any a more detailed explanation of the For foreign inland freight, we used the determination that a foreign country is methodology used in calculating various August 1998 truck rate from Rahul an NME country shall remain in effect surrogate values, see Preliminary Roadlines. For foreign brokerage and until revoked by the administering Results Factors Valuation Memorandum handling, we used the average of the authority. None of the parties to this from the Team to the File, dated rates reported in the questionnaire proceeding has contested such September 30, 1999 (Factors response in the antidumping duty treatment in this review. Therefore, we Memorandum). In accordance with this investigation of Stainless Steel Wire Rod treated the PRC as an NME country for methodology, we valued the factors of From India. See Certain Stainless Steel purposes of this review. Furthermore, production as follows: Wire Rod from India; Preliminary available information does not permit To value sand, bentonite, and Results of Antidumping Duty the calculation of NV using home graphite, we relied on import prices Administrative and New Shipper market prices, third country prices, or contained in the September and Review. 63 FR 48184 (September 9, constructed value under section 773(a) November 1997, as well as the March 1998); Factors Memorandum. We of the Act. As a result, we calculated NV 1998, issues of Indian Import Statistics. adjusted the values to reflect inflation

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.149 pfrm04 PsN: 14OCN1 55700 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices up to the POR using the WPI published previously reviewed PRC and non-PRC Postponement of Preliminary by the IMF. exporter with a separate rate (including Determinations For factory overhead (FOH), selling, those companies and products where general, and administrative expenses we terminated the review), the cash On April 29, 1999, the Department of (SG&A), and profit, we relied on the deposit rate will be the company- and Commerce (the Department) published 1997 financial statements of Jayaswal product-specific rate established for the its notice of initiation of antidumping Neco, Ltd, an Indian producer of certain most recent period; (3) the cash deposit investigations of certain polyester staple compact ductile iron waterworks fittings rate for non-PRC exporters of subject fiber from the Republic of Korea and and glands, which were submitted by merchandise from the PRC will be the Taiwan. See Initiation of Antidumping the respondents, because this company rate applicable to the PRC supplier of Duty Investigations: Certain Polyester is a producer of subject merchandise. that exporter; and (4) the cash deposit Staple Fiber from the Republic of Korea rate for all other PRC exporters will and Taiwan, 64 FR 23053. The initiation Preliminary Results of the Review continue to be 127.38 percent, the PRC- notice stated that we would issue our We preliminarily determine that the wide rate established in the LTFV preliminary determinations by following de minimis margin exists for investigation. These requirements, when September 9, 1999. On August 25, 1999, the period September 1, 1997 through imposed, shall remain in effect until at the request of E.I. DuPont de August 31, 1998: publication of the final results of the Nemours, Inc.; Arteva Specialities next administrative review. S.a.r.l., d/b/a KoSa; Wellman, Inc.; and Margin Intercontinental Polymers, Inc. Manufacturer/exporter (percent) This notice serves as a preliminary (hereinafter collectively referred to as reminder to importers of their ‘‘the petitioners’’ 1), the Department Beijing Metals and Minerals Im- responsibility under 19 CFR 351.402(f) extended the preliminary port and Export Corporation .09 to file a certificate regarding the determinations until no later than reimbursement of antidumping duties September 29, 1999. See Notice of Interested parties may request a prior to liquidation of the relevant Postponement of Preliminary hearing within 30 days of publication of entries during this review period. Antidumping Duty Determinations: this notice. See 19 CFR 351.310(c). Any Failure to comply with this requirement Certain Polyester Staple Fiber from the hearing, if requested, will be held 44 could result in the Secretary’s Republic of Korea and Taiwan, 64 FR days after the date of the publication of presumption that reimbursement of 47766 (September 1, 1999). On this notice or the first workday antidumping duties occurred and the September 29, 1999, at the request of thereafter. Interested parties may submit subsequent assessment of double petitioners, the Department extended case briefs within 30 days of antidumping duties. the preliminary determinations until no publication. Rebuttal briefs, limited to This administrative review is issued later than October 4, 1999.2 issues raised in the case briefs, may be and published in accordance with filed no later than 35 days after the date Based on petitioners’ September 29, sections 751(a)(1) and 777(i)(1) of the 1999 request, we are further extending of publication. Parties who submit case Act. briefs or rebuttal briefs in this the determinations in these Dated: September 30, 1999. proceeding are requested to submit with investigations until no later than each argument (1) a statement of the Robert La Russa, October 29, 1999. issue and (2) a brief summary of the Assistant Secretary for Import This extension and notice are in argument. Parties are also encouraged to Administration. accordance with section 733(c) of the provide a summary of the arguments not [FR Doc. 99–26721 Filed 10–13–99; 8:45 am] Act. to exceed five pages and a table of BILLING CODE 3510±DS±P Dated: October 4, 1999. statutes, regulations, and cases cited. Richard W. Moreland, The Department will subsequently DEPARTMENT OF COMMERCE Deputy Assistant Secretary for Import issue the final results of this Administration. administrative review, including the International Trade Administration [FR Doc. 99–26722 Filed 10–13–99; 8:45 am] results of its analysis of issues raised in BILLING CODE 3510±DS±P any such written briefs or at a hearing, not later than 120 days after the date of [A±580±839, A±583±833] publication of this notice. Notice of Postponement of Preliminary DEPARTMENT OF COMMERCE The Department shall determine, and Antidumping Duty Determinations: International Trade Administration the Customs Service shall assess, Certain Polyester Staple Fiber from the antidumping duties on all appropriate Republic of Korea and Taiwan entries. Upon completion of this review, Corrected Preliminary Results of Full Sunset Review: Industrial Phosphoric the Department will issue appraisement AGENCY: Import Administration, Acid from Israel [C±508±605] instructions directly to the U.S. Customs International Trade Administration, Service. Department of Commerce. AGENCY: Import Administration, Furthermore, the following deposit International Trade Administration, requirements will be effective upon EFFECTIVE DATE: October 14, 1999. Department of Commerce. publication of the final results of this FOR FURTHER INFORMATION CONTACT: antidumping duty administrative review Vincent Kane (Republic of Korea) or ACTION: Notice of Correction to for all shipments of the subject Alysia Wilson (Taiwan), AD/CVD Preliminary Results of Full Sunset merchandise entered, or withdrawn Enforcement, Group I, Office 1, Import from warehouse, for consumption on or Administration, U.S. Department of 1 E.I. DuPont de Nemours, Inc. is not a petitioner after the publication date, as provided Commerce, Room 1870, 14th Street and in the Taiwan case. by section 751(a)(1) of the Act: (1) For 2 At the time this notice was prepared, the Constitution Avenue, NW, Washington, postponement of the preliminary determination BMMIEC, which has a separate rate, the DC 20230; telephone (202) 482–2815 or until October 4, 1999 had not yet been published cash deposit rate will be zero; (2) for any 482–0108, respectively. in the Federal Register.

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Review: Industrial Phosphoric Acid DEPARTMENT OF COMMERCE The North Inlet/Winyah Bay National from Israel. Estuarine Research Reserve in South Evaluation of Coastal Zone Carolina site visit will be from SUMMARY: On September 27, 1999, the Management Programs and National November 29–December 3, 1999. One Department of Commerce (‘‘the Estuarine Research Reserves public meeting will be held during the week. The public meeting will be held Department’’) published in the Federal AGENCY: Office of Ocean and Coastal on Wednesday, December 1, 1999, at Register (64 FR 51954) the preliminary Resource Management, National Ocean 7:00 P.M., in the Kimbel Lodge results of the March 1999 sunset review Service, National Oceanic and Conference Center on Route 17, one of the countervailing duty order on Atmospheric Administration (NOAA), industrial phosphoric acid from Israel. mile north of the Georgetown Bridges DOC. and near the entrance to the Hobcaw Subsequent to the publication of the ACTION: Notice of intent to evaluate. Barony Refuge, in Georgetown, South preliminary results, we identified an Carolina. SUMMARY: The NOAA Office of Ocean inadvertent omission from the The States will issue notice of the and Coastal Resource Management ‘‘Preliminary Results Section of public meeting(s) in a local (OCRM) announces its intent to evaluate Review’’ section of the notice. newspaper(s) at least 45 days prior to the performance of the Virginia and Therefore, we are correcting this the public meeting(s), and will issue Alabama Coastal Zone Management inadvertent error. other timely notices as appropriate. Programs and the North Inlet/Winyah On page 51958, after the list of Copies of the State’s most recent Bay National Estuarine Research performance reports, as well as OCRM’s countervailable subsidy rates, the Reserve. following paragraph was inadvertently notifications and supplemental request These evaluations will be conducted letters to the States, are available upon excluded: ‘‘Any interested party may pursuant to sections 312 and 315 of the request a hearing within 30 days of request from OCRM. Written comments Coastal Zone Management Act of 1972 from interested parties regarding these publication of this notice in accordance (CZMA), as amended. The CZMA with 19 CFR 351.310(c). Any hearing, if Programs are encouraged and will be requires a continuing review of the accepted until 15 days after the public requested, will be held on November 26, performance of states with respect to 1999, in accordance with 19 CFR meeting. Please direct written comments coastal program and research reserve to Margo E. Jackson, Deputy Director, 351.310(d). Interested parties may program implementation. Evaluation of submit case briefs no later than Ocean and Coastal Resource Coastal Zone Management Programs and Management, NOS/NOAA, 1305 East- November 16, 1999, in accordance with National Estuarine Research Reserves West Highway, 10th Floor, Silver 19 CFR 351.309(c)(1)(i). Rebuttal briefs, require findings concerning the extent Spring, Maryland 20910. When the which must be limited to issues raised to which a state has met the national evaluation is completed, OCRM will in the case briefs, may be filed not later objectives, adhered to its coastal place a notice in the Federal Register than November 23, 1999. The program document or the Reserve’s final announcing the availability of the Final Department will issue a notice of final management plan approved by the Evaluation Findings. results of this sunset review, which will Secretary of Commerce, and adhered to FOR FURTHER INFORMATION CONTACT: include the results of its analysis of the terms of financial assistance awards funded under the CZMA. The Margo E. Jackson, Deputy Director, issues raised in any such comments, no Office of Ocean and Coastal Resource later than January 25, 2000, in evaluations will include a site visit, consideration of public comments, and Management, NOS/NOAA, 1305 East- accordance with section 751(c)(5)(B) of West Highway, Silver Spring, Maryland the Act.1 consultations with interested Federal, State, and local agencies and members 20910, (301) 713–3155, Extension 114. EFFECTIVE DATE: October 14, 1999. of the public. Public meetings are held (Federal Domestic Assistance Catalog 11.419 FOR FURTHER INFORMATION CONTACT: as part of the site visits. Coastal Zone Management Program Administration) Kathryn B. McCormick or Melissa G. Notice is hereby given of the dates of Skinner, Office of Policy for Import the site visits for the listed evaluations, Capt Ted Lillestolen, Administration, International Trade and the dates, local times, and locations Deputy Assistant Administrator for Ocean Services and Coastal Zone Management. Administration, U.S. Department of of public meetings during the site visits. [FR Doc. 99–26748 Filed 10–13–99; 8:45 am] Commerce, 14th Street & Constitution The Virginia Coastal Zone Avenue, NW, Washington, D.C. 20230: Management Program evaluation site BILLING CODE 3510±08±M telephone (202) 482–1698 and (202) visit will be from November 15–19, 482–1560, respectively. 1999. One public meeting will be held during the week. The public meeting DEPARTMENT OF COMMERCE This amendment is issued and will be held on Monday, November 15, published in accordance with sections National Oceanic and Atmospheric 1999, at 7:00 P.M., in the House Room Administration 751(h) and 7777(i) of the Act. C of the General Assembly Building, 910 Dated: October 7, 1999. Capitol Street, Richmond, Virginia [I.D. 100599G] Robert S. LaRussa, 23219. The Alabama Coastal Zone Gulf of Mexico Fishery Management Assistant Secretary for Import Council; Public Meetings Administration. Management Program evaluation site visit will be from November 15–19, [FR Doc. 99–26842 Filed 10–13–99; 8:45 am] AGENCY: National Marine Fisheries 1999. One public meeting will be held Service (NMFS), National Oceanic and BILLING CODE 3510±DS±P during the week. The public meeting Atmospheric Administration (NOAA), will be held on Wednesday, November Commerce. 1 See Industrial Phosphoric Acid from Israel (C– 17, 1999, at 6:00 P.M., in the Killian 508–605) and Industrial Phosphoric Acid from ACTION: Notice of public meetings. Belgium (A–423–602): Extension of Time Limit for Room of the International Trade Center, Final Results of Five-Year Reviews, 64 FR 34189 250 North Water Street, Mobile, SUMMARY: The Gulf of Mexico Fishery (June 25, 1999). Alabama. Management Council (Council) will

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.116 pfrm04 PsN: 14OCN1 55702 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices convene public meetings of the Reef Fish SSC and the Red Drum AP requirements of 35 U.S.C. 209 and 37 Standing and Special Red Drum will be restricted to those issues CFR 404.7. Scientific and Statistical Committee specifically identified in the agendas The invention described in Disclosure (SSC) and the Red Drum Advisory Panel and any issues arising after publication NA–1168 reduces weight and bulk of a (AP). of this notice that require emergency round parachute and reduces DATES: The Standing and Special Red action under Section 305(c) of the manufacturing costs. Drum SSC will meet on Thursday, Magnuson-Stevens Act, provided the Gregory D. Showalter, October 28 1999, beginning at 10:00 public has been notified of the Council’s Army Federal Register Liaison Officer. a.m. and will conclude by 3:00 p.m.; intent to take action to address the [FR Doc. 99–26821 Filed 10–13–99; 8:45 am] and the Red Drum AP will meet on emergency. BILLING CODE 3710±08±M Friday, October 29, 1999, at 8:00 a.m. Special Accommodations until 3:00 p.m. This meeting is physically accessible ADDRESSES: Both meetings will be held DEPARTMENT OF EDUCATION at the Tampa Airport Hilton Hotel, 2225 to people with disabilities. Requests for Lois Avenue, Tampa, FL 33607; sign language interpretation or other [CFDA No.: 84.275A] telephone: 813–877–6688. auxiliary aids should be directed to Anne Alford at the Council (see FOR FURTHER INFORMATION CONTACT: National Clearinghouse of ADDRESSES) by October 21, 1999. Peter Hood, Fishery Biologist Gulf of Rehabilitation Training Materials: Mexico Fishery Management Council, Dated: October 7, 1999. Notice Inviting Applications for New 3018 U.S. Highway 301 North, Suite Bruce C. Morehead, Awards for Fiscal Year (FY) 2000 1000, Tampa, FL 33619; telephone: 813– Acting Director, Office of Sustainable Purpose of Program: The 228–2815. Fisheries, National Marine Fisheries Service. Rehabilitation Training program SUPPLEMENTARY INFORMATION: The [FR Doc. 99–26840 Filed 10–13–99; 8:45 am] supports projects to ensure skilled Standing & Special Red Drum SSC will BILLING CODE 3510±22±F personnel are available to provide review the 1999 red drum stock rehabilitation services to individuals assessment. A Red Drum Stock with disabilities through vocational, Assessment Panel (SAP) member will DEPARTMENT OF DEFENSE medical, social, and psychological present the assessment to the SSC rehabilitation programs, through related to setting an allowable biological Department of the Army supported employment programs, catch (ABC) range in the Gulf of Mexico. through independent living services The SSC may also review estimates of Notice of Prospective Grant of programs, and through client assistance stock size (biomass at maximum Exclusive Patent License programs. The program supports sustainable yield [Bmsy]), minimum AGENCY: U.S. Army Soldier and projects to maintain and upgrade basic stock size thresholds (MSST), Biological Chemical Command, U.S. skills and knowledge of personnel escapement rates of juveniles to offshore Army, DoD. employed to provide state-of-the-art waters, and adult red drum bycatch in service delivery system and ACTION: Notice. shrimp trawls. Based on this review, the rehabilitation technology services. SSC may recommend to the Council SUMMARY: In accordance with the Eligible Applicants: State agencies levels for total allowable catch (TAC), provisions of 15 U.S.C. 209(c)(1) and 37 and public or nonprofit agencies and bag limits, size limits, commercial CFR 404.7(a)(1)(I), SBCCOM hereby organizations, including Indian Tribes quotas, and other measures for the red gives notice that it is contemplating the and institutions of higher education, are drum fishery. grant of an exclusive license in the eligible for assistance under the The Red Drum AP will meet to review United States to practice the invention Rehabilitation Training program. the 1999 red drum stock assessment. A embodied in Invention Disclosure NA– Deadline for Transmittal of Red Drum Stock Assessment Panel 1168 entitled, ‘‘Non-Standard Method of Applications: December 10, 1999. member will also present the Design and Construction of Round Deadline for Intergovernmental assessment to the AP. The AP will also Parachutes’’ to Capewell Components Review: February 9, 2000. provide recommendations to the Co., L.L.C. having a place of business in Applications Available: October 14, Council. South Windsor, Connecticut. 1999. Based on recommendations from the FOR FURTHER INFORMATION CONTACT: Mr. Estimated Available Funds: $300,000. above meetings, the Council, at its Estimated Range of Award: $250,000 November meeting in Orlando, FL will Vincent J. Ranucci, Patent Counsel at U.S. Army Soldier and Biological to $300,000. decide if changes are needed to current Estimated Average Size of Award: red drum management measures. Chemical Command, 15 Kansas Street, Natick, MA 01760–5035, Phone: (508) $275,000. Currently, it is illegal to harvest or Maximum Award: In no case does the possess red drum in Federal waters. 233–4510 or E-mail:vranucci@natick- emh2.army.mil. Secretary make an award greater than A copy of the agenda can be obtained $300,000 for a single budget period of by contacting the Gulf Council (SEE SUPPLEMENTARY INFORMATION: The 12 months. The Secretary rejects and ADDRESSES). prospective exclusive license will be does not consider an application that Although non-emergency issues not royalty bearing and will comply with proposes a budget exceeding this on the agendas may come before the the terms and conditions of 35 U.S.C. maximum amount. Standing and Special Red Drum SSC 209 and 37 CFR 404.7. The prospective Estimated Number of Awards: 1. and the Red Drum AP for discussion, in exclusive license may be granted, unless accordance with the Magnuson-Stevens within sixty days from the date of this Note: The Department is not bound by any Fishery Conservation and Management published Notice, SBCCOM receives estimates in this notice. Act, those issues may not be the subject written evidence and argument to Project Period: Up to 60 months. of formal action during these meetings. establish that the grant of the license Page Limit: Part III of the application, Actions of the Standing and Special would not be consistent with the the application narrative, is where you,

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.152 pfrm04 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55703 the applicant, address the selection • Provide linkages and policies for documents published in the Federal criteria used by reviewers in evaluating the exchange of information and referral Register, in text or Adobe Portable the application. You must limit Part III of inquiries with other existing Document Format (PDF) on the Internet to the equivalent of no more than 35 clearinghouses and information centers at either of the following sites: pages, using the following standards: supported by the U.S. Department of http://ocfo.ed.gov/fedreg.htm ′′ ′′ (1) A page is 8.5 x 11 , on one side Education, including the Education http://www.ed.gov/news.html ′′ only with 1 margins at the top, bottom, Resources Information Center and the To use the PDF you must have the and both sides. National Rehabilitation Information Adobe Acrobat Reader Program with (2) You must double space (no more Center. Search, which is available free at either than three lines per vertical inch) all For FY 2000 this priority is an of the previous sites. If you have text in the application narrative, absolute priority. Under 34 CFR questions about using the PDF, call the including titles, headings, footnotes, 75.105(c)(3), we consider only U.S. Government Printing Office (GPO), quotations, references, and captions, as applications that meet the priority. toll free, at 1–888–293–6498; or in the well as all text in charts, tables, figures, Selection Criteria: In evaluating an Washington, DC, area at (202) 512–1530. and graphs. application for a new grant under this If you use a proportional computer competition, the Secretary uses Note: The official version of a document is font, you must use a font that is at least selection criteria chosen from the the document published in the Federal 12-point in height and no more than 18 general selection criteria in 34 CFR Register. Free Internet access to the official characters per inch in width. If you use 75.210 of EDGAR. The selection criteria edition of the Federal Register and the Code to be used for this competition will be of Federal Regulations is available on GPO a nonproportional font or a typewriter, Access at: you may not use more than 12 provided in the application package for http://www.access.gpo.gov/nara/index.html characters per inch. this competition. The page limit does not apply to Part For Applications Contact: Education Program Authority: 29 U.S.C. 772. I, the cover sheet; Part II, the budget Publications Center (ED Pubs), P.O. Box Dated: October 8, 1999. section, including the narrative budget 1398, Jessup, MD 20794–1398. Curtis L. Richards, justification; Part IV, the assurances and Telephone (toll free): 1–877–433–7827. Acting Assistant Secretary for Special certifications; or the one-page abstract, FAX: (301) 470–1244. If you use a Education and Rehabilitative Services. the resumes, the bibliography, or the telecommunications device for the deaf [FR Doc. 99–26819 Filed 10–13–99; 8:45 am] letters of support. However, you must (TDD), you may call (toll free): 1–877– BILLING CODE 4000±01±P include all of the application narrative 576–7734. You may also contact ED in Part III. Pubs via its Web site (http:// If, in order to meet the page limit, you www.ed.gov/pubs/edpubs.html) or its DEPARTMENT OF ENERGY use print size, spacing, or margins E-mail address ([email protected]). smaller than the standards specified in Individuals with disabilities may Office of Science; DOE/NSF Nuclear this notice, we won’t consider your obtain a copy of this application Science Advisory Committee Renewal application for funding. package in an alternate format by Applicable Regulations: (a) The contacting the Grants and Contracts Pursuant to Section 14(a)(2)(A) of the Education Department General Services Team, U.S. Department of Federal Advisory Committee Act and in Administrative Regulations (EDGAR) in Education, 400 Maryland Avenue, SW., accordance with title 41 of the Code of 34 CFR parts 74, 75, 77, 79, 80, 81, 82, room 3317, Switzer Building, Federal Regulations, Section 101– 85, and 86; and (b) The regulations for Washington, DC 20202–2550. 6.1015, and following consultation with this program in 34 CFR part 385, except Telephone: (202) 205–8351. If you use a the Committee Management Secretariat, § 385.31. telecommunications device for the deaf General Services Administration, notice Priority: This competition focuses on (TDD), you may call the Federal is hereby given that the DOE/NSF projects designed to meet the priority in Information Relay Service (FIRS) at 1– Nuclear Science Advisory Committee the notice of final priorities for this 800–877–8339. However, the has been renewed for a two-year period program, published in the Federal Department is not able to reproduce in beginning in October 1999. The Register on December 5, 1994 (59 FR an alternate format the standard forms Committee will provide advice to both 62502). This priority is as follows: included in the application package. the Department of Energy and the National Clearinghouse of FOR FURTHER INFORMATION CONTACT: National Science Foundation on Rehabilitation Training Materials. Sylvia Johnson, U.S. Department of scientific priorities within the field of The projects must— Education, 400 Maryland Avenue, SW., basic nuclear science research. • Demonstrate experience and room 3318, Switzer Building, The Secretary has determined renewal capacity to provide for a national Washington, DC 20202–2649. of the DOE/NSF Nuclear Science clearinghouse of rehabilitation training Telephone: (202) 205–9312. If you use a Advisory Committee is essential to the materials; telecommunications device for the deaf conduct of the Department’s business • Identify and gather rehabilitation (TDD), you may call the Federal and in the public interest in connection information and training materials for Information Relay Service (FIRS) at 1– with the performance of duties imposed use in preparing pre-service and in- 800–877–8339. upon the Department of Energy by law. service education and training for Individuals with disabilities may The Committee will continue to operate rehabilitation personnel; obtain this document in an alternate in accordance with the provisions of the • Disseminate, in a cost-effective format (e.g., Braille, large print, Federal Advisory Committee Act, the manner, rehabilitation information and audiotape, or computer diskette) on Department of Energy Organization Act state-of-the-art training materials and request to the contact person listed in (Public Law 95–91), and rules and methods to rehabilitation personnel to the preceding paragraph. regulations issued in implementation of assist them in achieving improved those Acts. outcomes in vocational rehabilitation, Electronic Access to This Document Further information regarding this supported employment, and You may view this document, as well advisory committee can be obtained independent living; and as all other Department of Education from Rachel Samuel at (202) 586–3279.

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Issued in Washington, DC on October 7, Announcements will be published Washington, DC 20585. Phone: 202/ 1999. separately in the Federal Register as 586–3867. James N. Solit, they become available. All information SUPPLEMENTARY INFORMATION: Advisory Committee Management Officer. regarding the Solicitation will be posted Purpose of the Committee: To provide [FR Doc. 99–26874 Filed 10–13–99; 8:45 am] on the DOE Golden Field Office Home advice, information, recommendations BILLING CODE 6450±01±P page at the address identified above. to the Secretary of Energy on matters FOR FURTHER INFORMATION CONTACT: relating to coal and coal industry issues. Ruth E. Adams, Contracting Officer, at Tentative Agenda DEPARTMENT OF ENERGY 303–275–4722, e-mail [email protected]. • Call to order E. Linn Draper, Jr., Golden Field Office; Broad Based Chairman. Solicitation for Submission of Issued in Golden, Colorado, on October 5, • 1999. Administrative business. Financial Assistance Applications • Remarks by Secretary of Energy, Involving Research, Development and Jerry L. Zimmer, Bill Richardson (invited). Demonstration for the Office of Energy Procurement Director, GO. • Remarks by Senator Larry Craig (R- Efficiency and Renewable Energy [FR Doc. 99–26788 Filed 10–13–99; 8:45 am] ID). • AGENCY: U.S. Department of Energy. BILLING CODE 6450±01±P Report by James K. Martin, Chairman of Council Study Working ACTION: Broad Based Solicitation for Group, on Progress of Council’s Current Submission of Financial Assistance DEPARTMENT OF ENERGY Applications Involving Research, Study on Carbon Sequestration. • Presentation by Daman S. Walia, Development and Demonstration DE– Environmental Management Site- President/CEO, ARCTECH, Inc., on Coal PS36–00GO10482. Specific Advisory Board, Paducah Bioconversion Technology. • SUMMARY: The U.S. Department of AGENCY: Department of Energy. Summary of the United Nations Energy (DOE), pursuant to the DOE ACTION: Notice of open meeting Climate Change Negotiations, Financial Assistance Rules, 10 CFR correction. Conference of Parties Fifth Meeting. 600.8, is announcing its intention to • Presentation by Roger H. Bezdek, solicit applications for research, On October 6, 1999, the Department President, Management Information development and demonstration. of Energy published a notice of open Services, on J. D. Power & Associates DATES: DOE expects to issue the first meeting announcing a meeting of the Public Opinion Survey on Electricity part of the Solicitation on or about Environmental Management Site- Issues. October 19, 1999. Specific Advisory Board, Paducah 64 FR • Other business. • ADDRESSES: Copies of the Solicitation 54281. In that notice, the meeting was Adjournment. and Supplemental Announcements, scheduled for October 21, 1999 at 6:00 Public Participation: The meeting is once issued, can be obtained from the p.m.–8:30 p.m. Today’s notice is open to the public. The Chairperson of Golden Field Office Home page at http:/ announcing that the meeting will be the Committee will conduct the meeting /www.eren.doe.gov/golden/ starting at 5:30 p.m.–8:30 p.m. to facilitate the orderly conduct of business. If you would like to file a solicitations.html. It is DOE’s intention Issued in Washington, DC on October 7, not to issue hard copies of the 1999. written statement with the Committee, you may do so either before or after the Solicitation. Rachel M. Samuel, meeting. If you would like to make oral SUPPLEMENTARY INFORMATION: The DOE Deputy Advisory Committee Management statements regarding any of the items on Office of Energy Efficiency and Officer. the agenda, you should contact Margie Renewable Energy (EERE) has a [FR Doc. 99–26789 Filed 10–13–99; 8:45 am] D. Biggerstaff at the address or continuing interest in receiving BILLING CODE 6450±01±P telephone number listed above. You applications for grants and cooperative must make your request for an oral agreements supporting renewable statement at least five business days energy and energy efficiency basic DEPARTMENT OF ENERGY prior to the meeting, and reasonable research, directed and applied research, provisions will be made to include the cooperative demonstrations, and related Office of Fossil Energy; National Coal presentation on the agenda. Public activities. The Broad Based Solicitation Council Advisory Committee comment will follow the 10-minute will provide specific information and AGENCY: Department of Energy. rule. will consist of two parts: the first is Transcripts: The transcript will be generic and will consist of guidelines ACTION: Notice of open meeting. available for public review and copying and requirements for submitting SUMMARY: This notice announces a within 30 days at the Freedom of applications; the second part will be meeting of the National Coal Council Information Public Reading Room, 1E– specific to particular technology areas of Advisory Committee. Federal Advisory 190, Forrestal Building, 1000 interest and will consist of individual Committee Act (Public Law 92–463, 86 Independence Avenue, SW, Supplemental Announcements issued at Stat. 770) requires notice of these Washington, DC, between 9:00 a.m. and a later date. These Supplemental meetings be announced in the Federal 4:00 p.m., Monday through Friday, Announcements will contain Register. except Federal holidays. technology specific information, anticipated programmatic funding DATE: Tuesday, November 9, 1999, 9 Issued in Washington, DC on October 8, levels, eligibility requirements, a.m. to 12 p.m. 1999. evaluation criteria, any cost sharing ADDRESSES: Hotel Washington, 515 15th Rachel M. Samuel, requirements, application deadlines, Street, NW, Washington, DC. Deputy Advisory Committee Management and any other requirements specific to FOR FURTHER INFORMATION CONTACT: Officer. the Supplemental Announcements. Margie D. Biggerstaff, U.S. Department [FR Doc. 99–26875 Filed 10–13–99; 8:45 am] Notices of release of the Supplemental of Energy, Office of Fossil Energy, BILLING CODE 6450±01±P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Any questions regarding this filing should be directed to Michael E. Federal Energy Regulatory Federal Energy Regulatory Kingerski, Director of Transportation Commission Commission Marketing of CIPCO at (412) 655–8517, [Docket No. CP00±1±000] at 800 Regis Avenue, Pittsburgh, [Docket No. RP00±18±000] Pennsylvania 15236. Carnegie Interstate Pipeline Company; Any person or the Commission’s staff Indicated Shippers v. Natural Gas Notice of Request Under Blanket may, within 45 days after issuance of Pipeline Company of America; Notice Authorization the instant notice by the Commission, of Complaint file pursuant to Rule 214 of the October 7, 1999. Commission’s Procedural Rules (18 CFR October 8, 1999. Take notice that on October 1, 1999, 385.214) a motion to intervene or notice Carnegie Interstate Pipeline Company of intervention and pursuant to section Take notice that on October 7, 1999, (CIPCO), 800 Regis Avenue, Pittsburgh, pursuant to Rule 206 of the 157.205 of the Regulations under the Pennsylvania 15236, filed in Docket No. Natural Gas Act (18 CFR 157.205) a Commission’s Rules of Practice and CP00–1–000 a request pursuant to Procedure (18 CFR 385.206, Amoco protest to the request. If no protest is Sections 157.205, 157.208 and 157.211 filed within the time allowed therefor, Energy Trading Corporation and Amoco of the Commission’s Regulations under Production Company and Burlington the proposed activity shall be deemed to the Natural Gas Act (18 CFR 157.205, be authorized effective the day after the Resources Oil & Gas Company 157.208 and 157.211) for authorization time allowed for filing a protest. If a (Indicated Shippers) filed a Section 5 to construct and operate certain protest is filed and not withdrawn complaint against Natural Gas Pipeline facilities to provide new service to an within 30 days after the time allowed Company of America (NGPL), end-user of natural gas, and to increase for filing a protest, the instant request requesting the Commission to find that the Maximum Allowable Operating shall be treated as an application for NGPL’s auction procedures violate its Pressure (MAOP) of one segment of a authorization pursuant to section 7 of tariff, Commission regulations and delivery lateral, under CIPCO’s blanket the Natural Gas Act. Commission precedent and to order certificate issued in Docket No. CP88– Linwood A. Watson, Jr., NGPL to revise such procedures. 248–000 pursuant to Section 7 of the Acting Secretary. Specifially, the Indicated Shippers Natural Gas Act, all as more fully set forth in the request that is on file with [FR Doc. 99–26813 Filed 10–13–99; 8:45 am] assert that NGPL’s currently pending BILLING CODE 6717±01±M capacity auction (No. AM9909–6) the Commission and open to public violates its tariff because it creates an inspection. This filing may be viewed on the web at http://www.ferc.fed.us/ undue preference for Negotiated Rate online/rims.htm (call 202–208–2222 for DEPARTMENT OF ENERGY bids, impermissible bundling of assistance). noncontiguous capacity, discriminates Federal Energy Regulatory CIPCO states that it would construct Commission against Resource Rate bidders and a new delivery point on its existing M– improperly restricts capacity release 73 eight-inch diameter pipeline to serve [Docket No. GT99±70±000] rights. Allegheny Power’s Hatfield Ferry Power Any person desiring to be heard or to Station in Masontown, Pennsylvania. Distrigas of Massachusetts protest this filing should file a motion CIPCO states that the delivery point Corporation; Notice of Proposed to intervene or protest with the Federal would connect to a natural gas service Changes in FERC Gas Tariff Energy Regulatory Commission, 888 line owned, operated and maintained by October 6, 1999. First Street, NE, Washington, DC 20426, Allegheny Power. CIPCO also states that Take notice that on September 30, in accordance with Rules 211 and 214 to provide the new service, it would 1999, Distrigas of Massachusetts of the Commission’s Rules of Practice convert its existing delivery point to Corporation (DOMAC) tendered for and Procedure (18 CFR 385.211 and Columbia Gas of Pennsylvania, Inc. filing as part of its FERC Gas Tariff, First 285.214). All such motions or protests (CPA) on Line M–73 to a new receipt Revised Volume No. 1, the following must be filed on or before October 15, point. CIPCO states it will replace the tariff sheet, to become effective 1999. Protests will be considered by the existing 4-inch tap connecting its December 1, 1999: Commission in determining the system to CPA with a 10-inch tap and Seventh Revised Sheet No. 94 appropriate action to be taken, but will replace approximately 140 feet of not serve to make protestants parties to existing 4-inch line which is part of the DOMAC states that the purpose of this the proceeding. Any person wishing to meter facilities with 10-inch line in the filing is to record semiannual changes in become a party must file a motion to same trench. CIPCO states that all of the DOMAC’s index of customers. intervene. Copies of this filing are on above construction and operation would Any person desiring to protest this file with the Commission and are be automatically authorized under the filing should file a protest with the available for public inspection in the automatic provisions of the Federal Energy Regulatory Commission, Public Reference Room. This filing may Commission’s blanket certificate 888 First Street, NE, Washington, DC also be viewed on the Internet at regulations. 20426, in accordance with section http://www.ferc.fed.us/online/rims.htm In addition, CIPCO proposes to 385.211 of the Commission’s Rules and (call 202–208–2222) for assistance. increase the MAOP of the short segment Regulations. All such protests must be Answers to the complaint shall also be (approximately 2053 feet) of Line M–73 filed as provided in section 154.210 of due on or before October 15, 1999. from the interconnection with CPA to the Commission’s Regulations. Protests the Hatfield delivery point from 99 psia will be considered by the Commission Linwood A. Watson, Jr., to 175 psia. CIPCO states that the reason in determining the appropriate action to Acting Secretary. for the proposed change is to enable be taken, but will not serve to make [FR Doc. 99–26876 Filed 10–13–99; 8:45 am] CIPCO to provide the new service to the protestants parties to the proceedings. BILLING CODE 6717±01±M Hatfield Power Station. Copies of this filing are on file with the

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Commission and are available for public DEPARTMENT OF ENERGY obligation of 40 of the 75 first sellers on inspection in the Public Reference the Williams system. Federal Energy Regulatory Room. This filing may be viewed on the Any first seller with a refund liability Commission web at http://www.ferc.fed.us/online/ in excess of $50,000 as listed in the rims.htm (call 202–208–2222 for [Docket No. RP98±52±000] Statement of Refunds Due filed by assistance). Williams on November 18, 1997, as Linwood A. Watson, Jr., Williams Gas Pipelines-Central, Inc.; adjusted in Exhibit A to reflect Acting Secretary. Notice of Offer of Settlement subsequent corrections, is eligible to [FR Doc. 99–26812 Filed 10–13–99; 8:45 am] October 7, 1999. have its refund obligation reduced by BILLING CODE 6717±01±M Take notice that on October 1, 1999, $50,000. In order to be eligible for the the Missouri Public Service Commission $50,000 credit, such first sellers must pay the remaining refund liability (after DEPARTMENT OF ENERGY (MoPSC), Williams Gas Pipelines- Central, Inc., formerly Williams Natural deducting the $50,000), plus additional accrued interest through date of Federal Energy Regulatory Gas Company (Williams) and Missouri payment, and agree to withdraw all Commission Gas Energy, a division of Southern Union Company (collectively called interventions, protests and court [Docket No. PR00±1±000] Sponsoring Parties) filed an Offer of appeals related to the ad valorem tax Settlement under Rule 602 of the refund. First sellers who accept the ONEOK Field Services Company; terms for partial waiver under the Offer Notice of Petition for Rate Approval Commission’s Rules of Practice and Procedure in the captioned docket. of Settlement will be responsible for October 7, 1999. Sponsoring Parties filed the Offer of negotiating with their underlying Take notice that on October 1, 1999, Settlement to facilitate and expedite the interest owners the amount of the ONEOK Field Service Company (OFSC) Commission’s implementation of the waiver relief applicable to their interest filed pursuant to section 284.123(b)(2) decision of the United States Court of owners. of the Commission’s regulations, a Appeals for the District of Columbia The Offer of Settlement also provides petition for rate approval requesting that Circuit in Public Service Company of that any first seller listed in Williams’ the Commission approve as fair and Colorado.1 The Sponsoring Parties state Statement of Refunds Due with a refund equitable a cost-justified rate, not to the Offer of Settlement is intended to liability of $50,000 or less for principal exceed $0.016 per MMBtu for provide relief to small producers from and interest who has refunded to interruptible transportation service their ad valorem tax refund liability and Williams amounts which would be performed under section 311(a)(2) of the to reduce the administrative burdens on waived under Article II will receive a Natural Gas Policy Act of 1978. the Commission, its staff, first sellers refund from Williams of such amounts, Pursuant to Section 284.123(b)(2), if and numerous interest owners and plus additional accrued interest through the Commission does not act within 150 intervenors associated with the various date of payment by Williams. In days of the filing date, the proposed proceedings pending at the Commission addition, Article III provides that if rates will be deemed fair and equitable relating to such tax liability. A copy of Williams has previously received and not in excess of an amount which the Offer of Settlement is on file with refunds directly from an interest owner interstate pipelines would be permitted the Commission and is available for whose obligation was incurred under a to charge for similar transportation public inspection in the Public first seller whose entire refund service. The Commission may, prior to Reference Room. The Offer of obligation is waived pursuant to the the expiration of the 150-day period, Settlement may be viewed on the web agreement, Williams will refund such extend the time for action or institute a at http://www.ferc.fed.us/online/ payments to the interest owner within proceeding to afford parties an rims.htm (call 202–208–2222 for 60 days of the effective date of the opportunity for written comments and assistance). settlement. If jurisdictional refunds for the oral presentations of views, data, To achieve these objectives, the Offer exceed the amount of undisbursed and arguments. of Settlement provides a $50,000 credit Kansas ad valorem tax refunds held by Any person desiring to participate in towards the ad valorem tax refund Williams, Williams will maintain a this rate proceeding must file a motion liability of the first sellers listed in the credit balance for the jurisdictional to intervene or a protest with the Statement of Refunds Due filed by refunds. Any subsequent Kansas ad Federal Energy Regulatory Commission, Williams on November 18, 1997, as valorem tax refunds received by 888 First Street, NE, Washington, DC adjusted in Exhibit A to the Offer of Williams will be used to reduce any 20426, in accordance with Rules 211 Settlement to reflect subsequent credit balance before any disbursement and 214 of the Commission’s Rules of corrections. Any first seller with a is made to customers. One hundred Practice and Procedure (18 CFR 385.211 refund obligation of $50,000 or less for twenty days after the effective date of and 385.214). All motions mut be filed principal and interest will have its ad the Offer of Settlement, Williams shall with the Secretary of the Commission valorem tax refund waived in its be permitted to direct bill any remaining on or before October 22, 1999. The entirety. First sellers with refund credit amounts. petition for rate approval is on file with liabilities of $50,000 or less are not the Commission and is available for required to give up any rights or provide In accordance with section 385.602(f), public inspection. This filing may be any other consideration as a condition initial comments on the Offer of viewed on the web at http:// to receiving the benefits. Sponsoring Settlement are due on October 21, 1999 www.ferc.fed.us/online/rims.htm (call Parties state the Offer of Settlement and any reply comments are due 202–208–2222 for assistance). would eliminate the entire refund November 1, 1999. Linwood A. Watson, Jr., Linwood A. Watson, Jr., Acting Secretary. 1 Public Service Co. of Colorado, et al., 80 FERC Acting Secretary. ¶61,264 (1997), reh’g denied, 82 FERC ¶ 61,058 [FR Doc. 99–26816 Filed 10–13–99 8:45 am] (1998). Appeal pending. Anadarko Petroleum [FR Doc. 99–26818 Filed 10–13–99; 8:45 am] BILLING CODE 6717±01±M Corporation v. FERC, Case No. 98–1227 et al. BILLING CODE 6717±01±M

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DEPARTMENT OF ENERGY (202) 208–1371. This filing may be DEPARTMENT OF ENERGY viewed on http://www.ferc.fed.us/ Federal Energy Regulatory online/rims.htm (call (202) 208–2222 for Federal Energy Regulatory Commission assistance). A copy is also available for Commission inspection and reproduction at the Notice of Request To Transfer License Notice of Amendment of Exemption address in item h above. and Soliciting Comments, Motions To and Soliciting Comments, Motions To Intervene, and Protests m. Individuals desiring to be included Intervene, and Protests on the Commission’s mailing list should October 7, 1999. so indicate by writing to the Secretary October 7, 1999. Take notice that the following of the Commission. Take notice that the following application has been filed with the hydroelectric application has been filed Commission and is available for public Comments, Protests, or Motions to with the Commission and is available inspection: Intervene—Anyone may submit for public inspection: a. Application Type: Request for comments, a protest, or a motion to a. Application Type: Amendment to Approval to Transfer License. intervene in accordance with the Exemptions. b. Project No: 10648–006. requirements of Rules of Practice and b. Project Nos: 10675–010, 10676– c. Date Filed: August 25, 1999. Procedure, 18 CFR 385.210, 385.211, 011, 10677–011, and 10678–014. d. Applicants: Adirondack Hydro 385.214. In determining the appropriate c. Date Filed: July 30, 1999. Development Corporation and McGrath action to take, the Commission will d. Applicant: Consolidated Edison Industries, Inc. consider all protests or other comments Energy, Inc. e. Name of Project: Waterford filed, but only those who file a motion e. Name of Projects: Chicopee River Hydroelectric Project. to intervene in accordance with the Projects (Dwight, Red Bridge, Putts f. Location: On the Hudson River, in Commission’s Rules may become a Bridge, and Indian Orchard). Saratoga and Rensselear Counties, New party to the proceeding. Any comments, f. Location: On Chicopee River, York. The project does not utilize protests, or motions to intervene must Hampden and Hampshire Counties, federal or tribal lands. be received on or before the specified Massachusetts. g. Filed Pursuant to: Federal Power comment date for the particular g. Filed Pursuant to: 18 CFR 4.200. Act, 16 U.S.C. 791(a)–825(r). application. h. Applicant Contact: John Labiak, h. Applicant Contacts: McGrath Project Manager, Consolidated Edison Industries, Inc. Mr. Charles W. McGrath, Filing and Service of Responsive Energy, Inc., 111 Broadway Ave. 16th President, 35 Maplewood Ave., Albany, Documents—Any filings must bear in Floor, New York, NY 10006, e-mail New York 12205, Adirondack Hydro all capital letters the title address: [email protected]. Development Corporation, Mr. John J. ‘‘COMMENTS’’, (212) 267–5280. Conley, Senior Vice President, 39 ‘‘RECOMMENDATIONS FOR TERMS i. FERC Contact: Any questions on Hudson Road, South Glens Falls, New AND CONDITIONS’’, ‘‘PROTESTS’’, OR this notice should be addressed to York 12803, (518) 747–0930. ‘‘MOTION TO INTERVENE’’, as Anumzziatta Purchiaroni at (202) 219– i. FERC Contact: Any questions on applicable, and the Project Number of 3297, or e-mail address: this notice should be addressed to Mr. the particular application to which the [email protected] Lynn R. Miles, Sr. at (202) 219–2671, or filing refers. Any of the above-names j. Deadline for filing comments and or e-mail address: [email protected]. documents must be filed by providing motions: November 15, 1999. j. Deadline for filing comments and or the original and the number of copies All documents (original and eight motions: November 15, 1999. provided by the Commission’s copies) should be filed with: David P. All documents (original and eight regulations to: The Secretary, Federal Boergers, Secretary, Federal Energy copies) should be filed with: David P. Energy Regulatory Commission, 888 Regulatory Commission, 888 First Boergers, Secretary, Federal Energy First Street, NE, Washington, DC 20426. Street, NE, Washington DC 20426. Regulatory Commission, 888 First A copy of any motion to intervene must Please include the project number Street, NE, Washington, DC 20426. also be served upon each representative (10675–010 et al) on any comments or Please include the project number of the Applicant specified in the motions filed. (10648–006) on any comments or k. Description of Amendment: The particular application. motions filed. exemptee filed a Development Plan for k. Description of Request: McGrath Agency Comments—Federal, state, increasing capacities at the Chicopee Industries, Inc. (transferor) and and local agencies are invited to file River Projects. In the plan, the exemptee Adirondack Hydro Development comments on the described application. proposes not to construct minimum Corporation (transferee) jointly request a copy of the application may be flow turbines authorized by their that all of the transferor’s interest as a obtained by agencies directly from the exemptions, but to modify the existing co-licensee for FERC Project, No. 10648 Applicant. If an agency does not file generating equipment to achieve be transferred to the transferee. The comments within the time specified for increases in installed capacities. The transferor no longer desires to be a co- filing comments, it will be presumed to plan also includes additional work at licensee and requests that the have no comments. One copy of an the projects to comply with the required Commission approve the application to agency’s comments must also be sent to minimum flow releases. make the transferee the sole licensee for the Applicant’s representatives. l. Locations of the application: A copy the Waterford Project. Linwood A. Watson, Jr., of the application is available for l. Locations of the Application: A inspection and reproduction at the copy of the application is available for Acting Secretary. Commission’s Public Reference Room, inspection and reproduction at the [FR Doc. 99–26814 Filed 10–13–99; 8:45 am] located at 888 First Street, NE, Room commission’s Public Reference Room, BILLING CODE 6717±01±M 2A, Washington, DC 20426, or by calling located at 888 First Street, NE, Room (202) 208–1371. This filing may be 2A, Washington DC 20426, or by calling viewed on http://www.ferc.fed.us/

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.164 pfrm04 PsN: 14OCN1 55708 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices online/rims.htm Call (202) 208–2222 for DEPARTMENT OF ENERGY extended to November 7, 2001. The assistance. A copy is also available for deadline for completion of construction inspection and reproduction at the Federal Energy Regulatory for FERC Project Nos. 4204 and 4659 address in item h above. Commission would be extended to February 27, 2004. The deadline for completion of m. Individuals desiring to be included Notice of Request for Extension of construction for FERC Project Nos. 4660 on the Commission’s mailing should so Time To Commence and Complete would be extended to November 7, indicate by writing to the Secretary of Project Construction and Soliciting 2003. the Commission. Comments, Motions To Intervene, and k. Locations of the Application: A Comments, Protests, or Motions to Protests copy of the application is available for inspection and reproduction at the Intervene—Any may submit comments, October 7, 1999. a protest, or a motion to intervene in Commission’s Public Reference Room, Take notice that the following located at 888 First Street, NE, Room accordance with the requirements of application has been filed with the Rules of Practice and Procedure, 18 CFR 2A, Washington, DC 20426, or by calling Commission and is available for public (202) 208–1371. This filing may be 385.210, .211, .214. In determining the inspection: appropriate action to take, the viewed on http://www.ferc.fed.us/ a. Type of Applications: Request for online/rims.htm (call (202) 208–2222 for Commission will consider all protests or Extensions of Time of Commence and other comments filed, but only those assistance). A copy is also available for Complete Project Construction. inspection and reproduction at the who file a motion to intervene in b. Project No.: FERC No. 4204–021, address in item h above. accordance with the Commission’s White River Lock & Dam No. 1, located m. Individuals desiring to be included Rules may become a party to the on the White River near the City of on the Commission’s mailing list should proceeding. Any comments, protests, or Batesville, Independence County, so indicate by writing to the Secretary motions to intervene must be received Arkansas Licensee: City of Batesville, of the Commission. on or before the specified comment date AR. Comments, Protests, or Motions to for the particular application. c. Project No.: FERC No. 4659–023, Intervene—Anyone may submit White River Lock & Dam No. 3, located Filing and Service of Responsive comments, a protest, or a motion to on the White River in the City of Documents—Any filings must bear in intervene in accordance with the Marcella, Stone County, Arkansas. requirements of Rules of Practice and all capital letters the title Licensee: Independence County, AR. ‘‘COMMENTS’’, Procedure, 18 CFR 385.210, 385.211, d. Project No.: FERC No. 4660–025, 385.214. In determining the appropriate ‘‘RECOMMENDATIONS FOR TERMS White River Lock & Dam No. 2, located action to take, the Commission will AND CONDITIONS’’, ‘‘PROTEST’’, or on the White River in the Cities of consider all protests or other comments ‘‘MOTION TO INTERVENE’’, as Locust Grove and Batesville, filed, but only those who file a motion applicable, and the Project Number of Independence County, Arkansas. to intervene in accordance with the the particular application to which the Licensee: Independence County, AR. Commission’s Rules may become a filing refers. Any of the above-named e. Date Filed: August 16, 1999. party to the proceeding. Any comments, documents must be filed by providing f. Pursuant to: Public Law 104–241, protests, or motions to intervene must the original and the number of copies 110 Stat. 3141 (1996). be received on or before the specified provided by the Commission’s g. Applicants Contact: Donald H. comment date for the particular regulations to: The Secretary, Federal Clarke, Counsel for Licensee, Wilkinson, application. Energy Regulatory Commission, 888 Barker, and Knauer, 2300 N Street, NW, Filing and Service of Responsive First Street, NE, Washington, DC 20426. Suite 700, Washington, DC 20037, (202) Documents—Any filings must bear in A copy of any motion to intervene must 783–4141. all capital letters the title also be served upon each representative h. FERC Contact: Any questions on ‘‘COMMENTS’’, of the Applicant specified in the this notice should be addressed to Mr. ‘‘RECOMMENDATIONS FOR TERMS particular application. Lynn R. Miles, at (202) 219–2671, or e- AND CONDITIONS’’, ‘‘PROTEST’’, OR mail address: [email protected]. ‘‘MOTION TO INTERVENE’’, as Agency Comments—Federal, state, i. Deadline for filing comments and or applicable, and the Project Number of and local agencies are invited to file motions: October 29, 1999. the particular application to which the comments on the described application. All documents (original and eight filing refers. Any of the above-named A copy of the application may be copies) should be filed with David P. documents must be filed by providing obtained by agencies directly from the Boergers, Secretary, Federal Energy the original and the number of copies Applicant. If an agency does not file Regulatory Commission, 888 First provided by the Commission’s comments within the time specified for Street, NE, Washington, DC 20426. regulations to: The Secretary, Federal filing comments, it will be presumed to Please include the project numbers Energy Regulatory Commission, 888 have no comments. One copy of an (4204–021, 4659–023, and 4660–025) on First Street, NE, Washington, DC 20426. agency’s comments mut also be sent to any comments or motions filed. A copy of any motion to intervene must the Applicant’s representatives. j. Description of the Request: The also be served upon each representative Linwood A. Watson, Jr., licensees for the subject projects have of the Applicant specified in the requested that the deadlines for Acting Secretary. particular application. commencement of construction at each Agency Comments—Federal, state, [FR Doc. 99–26815 Filed 10–13–99; 8:45 am] project be extended for two additional and local agencies are invited to file BILLING CODE 6717±01±M years. The deadline to commence comments on the described application. project construction for FERC Project A copy of the application may be Nos. 4204 and 4659 would be extended obtained by agencies directly from the to February 27, 2002. The deadline to Applicant. If an agency does not file commence project construction for comments within the time specified for FERC Project No. 4660 would be filing comments, it will be presumed to

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.165 pfrm04 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55709 have no comments. One copy of an EPA would have promulgated. provided burden estimates, and any agency’s comments must also be sent to Complying sources must submit a suggested methods for minimizing the Applicant’s representatives. complete section 112(j) permit respondent burden, including through Linwood A. Watson, Jr., application that satisfies the criteria of the use of automated collection Acting Secretary. 40 CFR part 63 subpart B. The techniques to the following addresses. [FR Doc. 99–26817 Filed 10–13–99; 8:45 am] information collected in the application Please refer to EPA ICR No. 1648.02 and documents will be used by the State BILLING CODE 6717±01±M] OMB Control No. 2060–0266 in any agency for the purposes of permit correspondence. approval, compliance determination, Ms. Sandy Farmer, U.S. Environmental and the selection of particular control ENVIRONMENTAL PROTECTION Protection Agency, Office of Policy, technology on a case-by-case basis. The AGENCY Regulatory Information Division mandatory need and authority for this (2137), 401 M Street, SW, [FRL±6457±9 ] information collection is contained in Washington, DC 20460; section 112(j) of the Clean Air Act as and Agency Information Collection amended in 1990 (42 U.S.C. 7401, Office of Information and Regulatory Activities: Submission for OMB et.seq., as amended by Pub. L. 101–549). Affairs, Office of Management and Review; Comment Request; Control Any confidential information submitted Budget, Attention: Desk Officer for Technology Determinations for to a permitting authority will be EPA, 725 17th Street, NW, Equivalent Emissions Limitations by safeguarded according to that agency’s Washington, DC 20503. Permit policies. The EPA will safeguard submitted confidential information Dated: October 7, 1999. AGENCY: Environmental Protection Richard Westlund, Agency (EPA). according to policies in 40 CFR chapter I part 2 subpart B—Confidentiality of Acting Director, Regulatory Information ACTION: Notice. Business Information. An agency may Division. SUMMARY: In compliance with the not conduct or sponsor, and a person is [FR Doc. 99–26857 Filed 10–13–99; 8:45 am] Paperwork Reduction Act (44 U.S.C. not required to respond to, a collection BILLING CODE 6560±50±P 3501 et seq.), this document announces of information unless it displays a that the following Information currently valid OMB control number. Collection Request (ICR) has been The OMB control numbers for EPA’s ENVIRONMENTAL PROTECTION forwarded to the Office of Management regulations are listed in 40 CFR part 9 AGENCY and 48 CFR chapter 15. and Budget (OMB) for review and [FRL±6457±4] approval: Control Technology for Burden Statement: The annual public Equivalent Emissions Limitations by reporting and recordkeeping burden for Agency Information Collection Permit (OMB Control No. 2060–0266, this collection of information is Activities: Submission for OMB EPA ICR No. 1648.02). The ICR estimated to average 175 hours for Review; Comment Request; describes the nature of the information industry and 90 hours for State/ local Agricultural Health Study: Pesticide collection and its expected burden and agencies per response. Burden means Exposure Study cost; where appropriate, it includes the the total time, effort, or financial actual data collection instrument. resources expended by persons to AGENCY: Environmental Protection generate, maintain, retain, or disclose or Agency (EPA). DATES: Comments must be submitted on or before November 15, 1999. provide information to or for a Federal ACTION: Notice. agency. This includes the time needed FOR FURTHER INFORMATION CONTACT: to review instructions; develop, acquire, SUMMARY: In compliance with the Sandy Farmer at EPA by phone at (202) install, and utilize technology and Paperwork Reduction Act (44 U.S.C. 260–2740, by email at systems for the purposes of collecting, 3501 et seq.), this document announces [email protected], or validating, and verifying information, that the following Information download a copy of the ICR off the processing and maintaining Collection Request (ICR) has been Internet at http://www.epa.gov/ICR and information, and disclosing and forwarded to the Office of Management refer to EPA ICR No. 1648.02 providing information; adjust the and Budget (OMB) for review and SUPPLEMENTARY INFORMATION: existing ways to comply with any approval: Agricultural Health Study— Title: Control Technology for previously applicable instructions and Pesticide Exposure Study, EPA ICR Equivalent Emissions Limitations by requirements; train personnel to be able Number 1906.01. The ICR describes the Permit (OMB Control No. 2060–0266; to respond to a collection of nature of the information collection and EPA ICR No. 1648.02). This is a information; search data sources; its expected burden and cost; where reinstatement, with change, of the complete and review the collection of appropriate, it includes the actual data previously approved ICR for the information; and transmit or otherwise collection instrument. proposed rule for which approval has disclose the information. DATES: Comments must be submitted on expired. Respondents/Affected Entities: Pulp or before November 15, 1999. Abstract: section 112(j) of the Clean and paper combustions sources and Air Act as amended in 1990 requires FOR FURTHER INFORMATION CONTACT: State/ local agencies. Sandy Farmer at EPA by phone at (202) that if EPA fails to promulgate a Estimated Number of Respondents: 260–2740, by email at standard for a category or subcategory of 149. major sources on schedule, then 18 Frequency of Response: 1. [email protected], or download a months after the scheduled date of Estimated Total Annual Hour Burden: copy of the ICR off the Internet at http:/ promulgation, sources must submit a 19,743 hours. /www.epa.gov/icr and refer to EPA ICR permit application. States (with Estimated Total Annualized Cost No. 1906.01. approved title V operating permit Burden (non-labor costs): $0. SUPPLEMENTARY INFORMATION: programs) will issue permits containing Send comments on the Agency’s need Title: Agricultural Health Study— emission limitations equivalent to what for this information, the accuracy of the Pesticide Exposure Study, EPA ICR

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Number 1906.01. This is a new be collected. Dermal exposure will be information; search data sources; collection. estimated by collection of dermal patch complete and review the collection of Abstract: The National Cancer and hand-wipe samples. Urine samples information; and transmit or otherwise Institute (NCI), the National Institute of will be collected before and following disclose the information. Environmental Health Sciences (NIEHS) the application event to measure Respondents/Affected Entities: and the EPA have agreed through a pesticide or metabolite concentrations registered private pesticide applicators; Memorandum of Understanding to and to allow estimation of the absorbed parents/households. perform a prospective epidemiological dose. A sample of house dust will be Estimated Number of Respondents: study of the risk of cancer and other collected from the applicator’s home. 152. diseases associated with usage and Spouses and one child in the age range Frequency of Response: One occasion exposure to pesticides of some 90,000 of 3–18 years old will be asked to (except for 24 participants repeated in registered pesticide applicators and provide urine samples before and after second year). their spouses in the states of Iowa and the monitored application. Estimated Total Annual Hour Burden: North Carolina. The Agricultural Health Pesticide handling, mixing, loading, 349 hours. Study (AHS) will evaluate whether and application (HMLA) activities will Estimated Total Annualized Cost those applicators with the greatest usage be observed. A modified version of the Burden (non-labor costs only): $0. history and potential exposures to NCI AHS Private Pesticide Applicator Send comments on the Agency’s need pesticides are at a greater risk of cancer Followup Questionnaire (OMB #0925– for this information, the accuracy of the or other diseases than those applicators 0406) will be administered to the provided burden estimates, and any with lowest usage history and reduced applicator immediately after the suggested methods for minimizing potential exposures to pesticides. observed HMLA activity. A Biomarker respondent burden, including through Information collection requests Questionnaire will be administered to the use of automated collection prepared by NCI for survey data the applicator at the end of the techniques to the following addresses. collection in the AHS epidemiological monitoring period to collect data for Please refer to EPA ICR No. 1906.01 in study have received OMB approval interpreting the measurements and to any correspondence. (current OMB #0925–0406, expires 11/ provide additional information about Ms. Sandy Farmer, U.S. Environmental 30/01). applicator and farm family exposure to Protection Agency, Office of Policy, The U.S. EPA will support the AHS pesticides. The full AHS Private Regulatory Information Division by performing an exposure Pesticide Applicator Follow-up (2137), 401 M Street, SW, measurement study for private pesticide Questionnaire will be administered to Washington, DC 20460; applicators in the cohort. The exposure the applicator several months after the and measurement study is the subject of the observed application event. information collection request cited in An agency may not conduct or Office of Information and Regulatory this document. Exposure data are sponsor, and a person is not required to Affairs, Office of Management and needed for assessing and refining respond to, a collection of information Budget, Attention: Desk Officer for methods for classifying applicator unless it displays a currently valid OMB EPA, 725 17th Street, NW, exposures using study questionnaire control number. The OMB control Washington, DC 20503. information, to measure the magnitude numbers for EPA’s regulations are listed Dated: October 7, 1999. of applicator pesticide exposures, and to in 40 CFR part 9 and 48 CFR Chapter Richard T. Westlund, identify key exposure factors. 15. The Federal Register document Acting Director, Regulatory Information Observations of applicator work required under 5 CFR 1320.8(d), Division. practices will be compared to self- soliciting comments on this collection [FR Doc. 99–26860 Filed 10–13–99; 8:45 am] reported information from of information was published on 6/15/ BILLING CODE 6560±50±P questionnaires to assess reporting 1999 (64 FR 32042); no comments were reliability of current practices. In received. addition, EPA will measure spouse and Burden Statement: The annual public ENVIRONMENTAL PROTECTION child urinary pesticide biomarkers to reporting and recordkeeping burden for AGENCY help understand whether and to what this collection of information is extent agricultural application of estimated to average 4.1 hours for [FRL±6457±5] pesticide applicators, 0.8 hours for pesticides leads to exposures for Clean Air Act Advisory Committee: spouses and children providing urine members of the applicator’s family. Accident Prevention Subcommittee Study respondents will be registered samples, and 0.25 hours for children Meeting private pesticide applicators in the AHS only responding to a questionnaire. prospective epidemiological cohort, Burden means the total time, effort, or AGENCY: Environmental Protection their spouses, and up to two children financial resources expended by persons Agency (EPA). selected from each home. A total of 160 to generate, maintain, retain, or disclose ACTION: Notice of meeting. applicators will be selected into the or provide information to or for a study. Approximately 24 of the Federal agency. This includes the time SUMMARY: The Clean Air Act section applicators will be asked to participate needed to review instructions; develop, 112(r) required EPA to publish in the exposure study in each of two acquire, install, and utilize technology regulations to prevent accidental years. Participation will be entirely and systems for the purposes of releases of chemicals and to reduce the voluntary. An applicator that agrees to collecting, validating, and verifying severity of those releases that do occur. participate in the exposure study will be information, processing and These accidental release prevention retained even if their spouse and/or maintaining information, and disclosing requirements build on the chemical child decline to participate. and providing information; adjust the safety work begun by the Emergency Applicator exposures will be existing ways to comply with any Planning and Community Right-to- monitored around one pesticide previously applicable instructions and Know Act (EPCRA) which sets forth application of a targeted pesticide. A requirements; train personnel to be able requirements for industry, State and sample of the pesticide formulation will to respond to a collection of local governments.

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The goal of the Risk Management Information, Site Security and Fuels ENVIRONMENTAL PROTECTION Program is to reduce chemical risk at Regulatory Relief Act: focusing on AGENCY the local level. Risk Management Plans Section 2 of the law regarding [FRL±6457±6] (RMPs), which contain a summary of flammable fuels removed from information about each facility’s Risk coverage Announcement of Stakeholders Management Program, were required to 1:30–4:00—Discussion of Public Law Meeting on the Drinking Water be submitted by June 21, 1999 by 106–40, the Chemical Safety Contaminant Identification and regulations under section 112(r). Making Information, Site Security and Fuels Selection Process, and the 6-Year the RMPs available to the public is Review of All Existing National Primary intended to stimulate communication Regulatory Relief Act: focusing on Section 3 of the law regarding public Drinking Water Regulations, as between industry and the public to Required by the Safe Drinking Water access to Off-Site Consequence improve accident prevention and Act, as Amended in 1996 emergency response practices at the Analysis information local level. 4:00–4:30—Comments from the Public AGENCY: Environmental Protection Over 14,000 RMPs were submitted Agency. from many different industry sectors, Members of the public who wish to ACTION: Notice of stakeholders meeting. and from both large and small make a brief oral presentation in person SUMMARY: businesses. Facilities are required to in Washington DC to the Subcommittee The Environmental Protection update RMPs at least every 5 years, or at the meeting, must contact Karen Agency (EPA) will be holding a two-day public meeting on November 16 and 17, more frequently if there are important Schneider in writing (by letter, fax, or 1999. This meeting will encompass two changes, such as the introduction of a email—see previously stated Safe Drinking Water Act requirements new regulated chemical into their information) no later than November 3, that have similar goals. Therefore, EPA production process. RMPs will be stored 1999, in order to be included on the has combined the meetings in order to in RMP*InfoTM for 15 years from the agenda. Written comments may be increase meeting participation and make date of receipt. submitted to the Accident Prevention attendance as convenient as possible for On August 5, 1999, President Clinton Subcommittee up through the date of stakeholders. The purpose of this signed legislation that removed from the meeting. Please address such coverage by the RMP program any meeting is to have a dialogue with material to Karen Schneider at the above stakeholders, and the public at large, on flammable fuel when used as a fuel or address. held for sale as fuel by a retail facility. the contaminant identification and The Accident Prevention The legislation also limits access to the selection process (November 16), and to Off-Site Consequence Analysis (OCA) Subcommittee expects that public discuss the process to perform a 6-Year sections of the RMP. statements presented at its meetings will Review of all National Primary Drinking The Accident Prevention not be repetitive or previously Water Regulations (NPDWRs) Subcommittee was created in September submitted oral or written statements. In (November 17). For the contaminant selection 1996 to advise EPA’s Chemical general, opportunities for oral comment process, EPA will discuss and seek Emergency Preparedness and will be limited to no more than three input on: The draft research strategy Prevention Office (CEPPO) on these minutes per speaker and no more than EPA has formulated in order to fill data chemical accident prevention issues, thirty minutes total. Written comments gaps for contaminants identified on the specifically, section 112(r) of the Clean (twelve copies) received sufficiently Agency’s first drinking water Air Act. prior to a meeting date (usually one contaminant candidate list (CCL); week prior to a meeting or DATES: The Accident Prevention considerations in making regulatory teleconference), may be mailed to the Subcommittee of the Clean Air Act determinations from the CCL, and the Advisory Committee will hold a public Subcommittee prior to its meeting. process for developing future CCLs. meeting on November 5, 1999 from 8:30 Additional information on the The Safe Drinking Water Act (SDWA), a.m. to 4:30 p.m. Accident Prevention Subcommittee is as amended in1996, requires EPA to ADDRESSES: The meeting will be held at available on the Internet at: http:// establish a list of contaminants, and the Hall of States, 444 North Capitol St., www.epa.gov/swercepp/acc-pre.html. revise it every five years, to aid in NW, Washington DC, near Union priority setting for the Agency’s Station. Members of the public are If you would like to automatically receive future information on the drinking water program. The SDWA welcome to attend in person. requires EPA to make determinations for Accident Prevention Subcommittee and FOR FURTHER INFORMATION CONTACT: five contaminants as to whether a its Workgroups by email, you can Members of the public desiring NPDWR is necessary. The SDWA, as additional information about this subscribe to the EPA–RMP Listserve by amended, also requires that on a 6-Year meeting, should contact Karen sending the following message to cycle EPA must review and revise, as Schneider, Designated Federal Official, [email protected]: appropriate, each existing NPDWR and U.S. EPA (5104), 401 M. St., SW, SUBSCRIBE EPA–RMP provide for greater protection of the at: [email protected], by Example: SUBSCRIBE EPA–RMP John health of persons. EPA would like to telephone at (202) 260–2711 or FAX at Smith. have a dialogue with stakeholders on (202) 401–3448. the various components of these Dated: October 7, 1999. SUPPLEMENTARY INFORMATION: projects, including status of analytical Karen Schneider, methods, treatment technologies, health Agenda Designated Federal Official. effects information, and occurrence 8:30–9:00—Opening Remarks—Jim [FR Doc. 99–26859 Filed 10–13–99; 8:45 am] data. Makris (8:30–9:00) BILLING CODE 6560±50±P At the upcoming meeting, EPA is 9:00–12:00—Discussion of Public Law seeking input from State and Tribal 106–40, the Chemical Safety drinking water programs, the regulated

VerDate 12-OCT-99 16:34 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.XXX pfrm02 PsN: 14OCN1 55712 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices community (public water systems), of NPDWRs. The SDWA also requires a ENVIRONMENTAL PROTECTION public health organizations, academia, regulatory determination for five AGENCY environmental and public interest contaminants every five years. The first [OPP±34145A; FRL±6389±2] groups, engineering firms, and other CCL was published in the March 2, 1998 stakeholders. EPA encourages the full Federal Register. On November 16, EPA Organophosphate Pesticides; participation of stakeholders throughout seeks stakeholders’ input on the process Availability of Revised Risk this process. and considerations in making regulatory Assessments DATES: The stakeholders meeting will be determinations for five contaminants by held on Tuesday, November 16, 1999 2001. For contaminants listed on the AGENCY: Environmental Protection from 8:30 a.m. to 5 p.m. EST, and first CCL, with data gaps identified that Agency (EPA). Wednesday, November 17, 1999 from must be filled before EPA can make a ACTION: Notice. 8:30 a.m. to 5 p.m. EST. scientifically informed regulatory SUMMARY: REGISTRATION: To register for the determination, EPA’s Office of Research This notices announces the meeting, please contact the Safe and Development is developing a availability of the revised risk Drinking Water Hotline at 1–800–426– Research Strategy. EPA will discuss the assessments and related documents for 4791 between 9 a.m. and 5 p.m. EST. status of the draft CCL Research Strategy one organophosphate pesticide, Those registered for the meeting by at the upcoming stakeholders meeting. fenthion. In addition, this notice starts Wednesday, November 2, 1999 will The meeting will also present an a 60-day public participation period receive an agenda, logistics sheet, and overview of studies completed, or are during which the public is encouraged background materials prior to the underway, by the National Research to submit risk management ideas or meeting. Members of the public who Council that evaluates methods for proposals. These actions are in response cannot attend the meeting in person identifying and prioritizing drinking to a joint initiative between EPA and the may participate via conference call and water contaminants. Department of Agriculture (USDA) to increase transparency in the tolerance should register with the Safe Drinking The upcoming meeting addresses reassessment process for Water Hotline. Conference lines will be several aspects of EPA’s efforts to organophosphate pesticides. allocated on the basis of first-reserved, determine the contaminant selection first served. The meeting will be held in process from the Contaminant DATES: Comments, identified by docket the offices of RESOLVE, Suite 275, 1255 Candidate List and the new process of control number OPP–34145A for 23rd Street, NW, Washington, DC reviewing existing NPDWRs. Those fenthion, must be received by EPA on or 20037. registered for the meeting by before December 13, 1999. FOR FURTHER INFORMATION CONTACT: For Wednesday, November 2, 1999 will ADDRESSES: Comments may be general information on meeting receive an agenda, logistics sheet, and submitted by mail, electronically, or in logistics, please contact the Safe background materials prior to the person. Please follow the detailed Drinking Water Hotline at 1–800–426– meeting. instructions for each method as 4791. For information on other activities provided in Unit III. of the B. Request for Stakeholder Involvement related to the contaminant selection ‘‘SUPPLEMENTARY INFORMATION.’’ To ensure proper receipt by EPA, it is process for the CCL, and the 6-Year EPA has announced this public imperative that you identify docket Review process, and other EPA meeting to hear the views of control number OPP–34145A in the activities under the Safe Drinking Water stakeholders on EPA’s plans for the subject line on the first page of your Act in general, contact the Safe Drinking contaminant selection process from the response. Water Hotline at 1–800–426–4791. CCL, and activities to develop a 6-Year SUPPLEMENTARY INFORMATION: Review Plan. The public is invited to FOR FURTHER INFORMATION CONTACT: Karen Angulo, Special Review and A. Background provide comments on the issues listed above during the November 16 and 17, Reregistration Division (7508C), Office Under the Safe Drinking Water Act 1999 meeting, or in writing to Mike of Pesticide Programs, Environmental (SDWA), as amended in 1996, EPA must Osinski, Contaminant Candidate List Protection Agency, 401 M St., SW., review and revise, as appropriate, at Team Leader, U.S. EPA, Office of Washington, DC 20460; telephone intervals not less than every six years, Ground Water and Drinking Water, 401 number: (703) 308–8004; e-mail address: all existing National Primary Drinking M Street, NW, MC 4607, Washington DC [email protected]. Water Regulations (NPDWRs). Revised 20460 or [email protected]; or to SUPPLEMENTARY INFORMATION: NPDWRs, must maintain, or provide for Judy Lebowich, 6-Year Review Team I. Does this Action Apply to Me? greater, protection of the health of Co-Leader, U.S. EPA, Office of Ground persons. On November 17, EPA will Water and Drinking Water, 401 M This action is directed to the public discuss the analyses the agency has Street, SW, MC 4607, Washington DC in general, nevertheless, a wide range of initiated, or plans to conduct, to identify 20460 or [email protected], or stakeholders will be interested in candidate NPDWRs for possible Marc Parrotta, 6-Year Review Team Co- obtaining the revised risk assessments revision. These analyses include health Leader, U.S. EPA, Office of Ground and submitting risk management effects, occurrence and exposure, Water and Drinking Water, 401 M comments on fenthion, including analytical methods and treatment Street, SW, MC 4607, Washington DC environmental, human health, and technologies. 20460 or [email protected]. agricultural advocates; the chemical The SDWA also requires EPA, every industry; pesticide users; and members five years, to develop and publish a list Dated: October 7, 1999. of the public interested in the use of of contaminants known or anticipated to Elizabeth Fellows, pesticides on food. As such, the Agency occur in drinking water. The Acting Director, Office of Ground Water and has not attempted to specifically Contaminant Candidate List (CCL) aids Drinking Water, Environmental Protection describe all the entities potentially the Agency’s drinking water program to Agency. affected by this action. If you have any assess priorities for research, guidance [FR Doc. 99–26809 Filed 10–13–99; 8:45 am] questions regarding the applicability of development, and possible development BILLING CODE 6560±50±P this action to a particular entity, consult

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You may obtain Resources and Services Division, Office organophosphate pesticides under the electronic copies of this document and of Pesticide Programs, Environmental Federal Insecticide, Fungicide, and other related documents from the EPA Protection Agency, Rm. 119, Crystal Rodenticide Act (FIFRA). The pilot Internet Home Page at http:// Mall #2, 1921 Jefferson Davis Hwy., public participation process was www.epa.gov/. To access this Arlington, VA. The PIRIB is open from developed as part of the EPA-USDA document, on the Home Page select 8:30 a.m. to 4 p.m., Monday through Tolerance Reassessment Advisory ‘‘Laws and Regulations’’ and then look Friday, excluding legal holidays. The Committee (TRAC), which was up the entry for this document under PIRIB telephone number is (703) 305– established in April 1998, as a the ‘‘Federal Register—Environmental 5805. subcommittee under the auspices of Documents.’’ You can also go directly to 3. Electronically. Submit electronic EPA’s National Advisory Council for the Federal Register listings at http:// comments by e-mail to: ‘‘opp- Environmental Policy and Technology. www.epa.gov/fedrgstr/. [email protected],’’ or you can submit a A goal of the pilot public participation To access information about computer disk as described in this unit. process is to find a more effective way organophosphate pesticides and obtain Do not submit any information for the public to participate at critical electronic copies of the revised risk electronically that you consider to be junctures in the Agency’s development assessments and related documents CBI. Electronic comments must be of organophosphate risk assessments mentioned in this notice, you can also submitted as an ASCII file, avoiding the and risk management decisions. EPA go directly to the Home Page for the use of special characters and any form and USDA began implementing this Office of Pesticide Programs (OPP) at of encryption. Comments and data will pilot process in August 1998, to increase http://www.epa.gov/pesticides/op/. also be accepted on standard computer transparency and opportunities for B. In Person. The Agency has disks in WordPerfect 6.1/8.0 or ASCII stakeholder consultation. The established an official record for this file format. All comments in electronic documents being released to the public action under docket control number form must be identified by the docket through this notice provide information OPP–34145A. The official record control number OPP–34145A. on the revisions that were made to the consists of the documents specifically Electronic comments may also be filed fenthion preliminary risk assessments, referenced in this action, any public online at many Federal Depository which where released to the public, comments received during an applicable Libraries. September 9, 1998 (63 FR 48213) (FRL– comment period, and other information B. How Should I Handle CBI 6030–2), through a notice in the Federal related to this action, including any Information that I Want to Submit to the Register. information claimed as Confidential Agency? As part of the pilot public Business Information (CBI). This official Do not submit any information participation process, EPA and USDA record includes the documents that are may hold public meetings (called physically located in the docket, as well electronically that you consider to be CBI. You may claim information that Technical Briefings) to provide as the documents that are referenced in interested stakeholders with those documents. The public version of you submit to EPA in response to this document as CBI by marking any part or opportunities to become more informed the official record does not include any about revised organophosphate risk information claimed as CBI. The public all of that information as CBI. Information so marked will not be assessments. During the Technical version of the official record, which Briefings, EPA describes the major includes printed, paper versions of any disclosed except in accordance with procedures set forth in 40 CFR part 2. points (e.g., risk contributors), use data electronic comments submitted during that were used (e.g., data from USDA’s an applicable comment period, is In addition to one complete version of the comment that includes any Pesticide Data Program (PDP)), and available for inspection in Rm. 119, discusses how public comments Crystal Mall #2, 1921 Jefferson Davis information claimed as CBI, a copy of the comment that does not contain the impacted the assessment. USDA Hwy., Arlington, VA, from 8:30 a.m. to provides ideas on possible risk 4 p.m., Monday through Friday, information claimed as CBI must be submitted for inclusion in the public management. Stakeholders have an excluding legal holidays. The PIRIB opportunity to ask clarifying questions, telephone number is (703) 305–5805. version of the official record. Information not marked confidential and all meeting minutes are placed in III. How Can I Respond to this Action? will be included in the public version the OPP public docket. Technical of the official record without prior Briefings may not be held for chemicals A. How and to Whom Do I Submit that have limited use patterns or low Comments? notice. If you have any questions about CBI or the procedures for claiming CBI, levels of risk concern. The use patterns You may submit comments through please consult the person listed under for fenthion are predominately mosquito the mail, in person, or electronically. To ‘‘FOR FURTHER INFORMATION control, therefore, no Technical Briefing ensure proper receipt by EPA, it is CONTACT.’’ is planned. In cases where no Technical imperative that you identify docket Briefing is held, the Agency will make control number OPP–34145A in the IV. What Action is EPA Taking in this a special effort to communicate with subject line on the first page of your Notice? interested stakeholders in order to better response. EPA is making available for public ensure their understanding of the 1. By mail. Submit comments to: viewing the revised risk assessments revised assessments and how they can Public Information and Records and related documents for two participate in the organophosphate pilot Integrity Branch, Information Resources organophosphates, fenthion. These public participation process. EPA has a and Services Division (7502C), Office of documents have been developed as part good familiarity with the stakeholder

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.064 pfrm04 PsN: 14OCN1 55714 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices groups associated with the use of protective equipment or technologies to ENVIRONMENTAL PROTECTION fenthion who may be interested in reduce exposure to workers and AGENCY participating in the risk assessment/risk pesticide handlers. For ecological risks, management process, and will contact commentors may suggest ways to reduce [PF±893; FRL±6382±7] them individually to inform them that environmental exposure, e.g., exposure Notice of Filing Pesticide Petitions to no Technical Briefing will be held. EPA to birds, fish, mammals, and other non- Establish a Tolerance for Certain is willing to meet with stakeholders to target organisms. EPA will provide other Pesticide Chemicals in or on Food discuss the fenthion revised risk opportunities for public participation assessments. Minutes of all meetings and comment on issues associated with AGENCY: Environmental Protection will be docketed. the organophosphate tolerance Agency (EPA). In addition, this notice starts a 60-day reassessment program. Failure to public participation period during ACTION: Notice. participate or comment as part of this which the public is encouraged to opportunity will in no way prejudice or SUMMARY submit risk management proposals or : This notice announces the otherwise comment on risk management limit a commenter’s opportunity to initial filing of pesticide petitions for fenthion. The Agency is providing participate fully in later notice and proposing the establishment of an opportunity, through this notice, for comment processes. All comments and regulations for residues of certain interested parties to provide written risk proposals must be received by EPA on pesticide chemicals in or on various management proposals or ideas to the or before December 13, 1999 at the food commodities. Agency on the pesticides specified in addresses given under Unit I. of the DATES: Comments, identified by docket this notice. Such comments and ‘‘SUPPLEMENTARY INFORMATION.’’ control number PF–893, must be proposals could address ideas about Comments and proposals will become received on or before November 15, how to manage dietary, occupational, or part of the Agency record for the 1999. ecological risks on specific fenthion use organophosphate specified in this ADDRESSES: Comments may be sites or crops across the United States or notice. submitted by mail, electronically, or in person. Please follow the detailed in a particular geographic region of the List of Subjects country. To address dietary risk, for instructions for each method as example, commenters may choose to Environmental protection, Chemicals, provided in Unit I.C. of the discuss the feasibility of lower Pesticides and pests. ‘‘SUPPLEMENTARY INFORMATION’’ application rates, increasing the time section. To ensure proper receipt by interval between application and Dated: October 7, 1999. EPA, it is imperative that you identify docket control number PF–893 in the harvest (‘‘pre-harvest intervals’’), Lois Rossi, modifications in use, or suggest subject line on the first page of your Director, Special Review and Reregistration response. alternative measures to reduce residues Division, Office of Pesticide Programs. contributing to dietary exposure. For FOR FURTHER INFORMATION CONTACT: The occupational risks, for example, [FR Doc. 99–26807 Filed 10–13–99; 8:45 am] product manager listed in the table commenters may suggest personal BILLING CODE 6560±50±F below:

Petition num- Product Manager Office location/telephone number/e-mail address Address ber(s)

Sidney Jackson .... Rm. 272, CM #2, 703±305±7610, e-mail: [email protected]. 1921 Jefferson Davis PP 9E6035 Hwy, Arlington, VA Mary L. Waller ...... Rm. 249, CM #2, 703±308±9354, e-mail: [email protected]. Do. PP 9F5066, 9F6023, 7E4830

SUPPLEMENTARY INFORMATION: listed in the ‘‘FOR FURTHER INFORMATION CONTACT’’ section. I. General Information Cat- Examples of poten- NAICS B. How Can I Get Additional A. Does this Action Apply to Me? egories tially affected entities Information, Including Copies of this You may be affected by this action if 32532 Pesticide manufac- Document and Other Related you are an agricultural producer, food turing Documents? manufacturer or pesticide manufacturer. 1. Electronically. You may obtain Potentially affected categories and This listing is not intended to be electronic copies of this document, and entities may include, but are not limited exhaustive, but rather provides a guide certain other related documents that to: for readers regarding entities likely to be affected by this action. Other types of might be available electronically, from entities not listed in the table could also the EPA Internet Home Page at http:// be affected. The North American www.epa.gov/. To access this Cat- Examples of poten- Industrial Classification System document, on the Home Page select egories NAICS tially affected entities (NAICS) codes have been provided to ‘‘Laws and Regulations’’ and then look assist you and others in determining up the entry for this document under Industry 111 Crop production whether or not this action might apply the ‘‘Federal Register--Environmental 112 Animal production to certain entities. If you have questions Documents.’’ You can also go directly to 311 Food manufacturing regarding the applicability of this action the Federal Register listings at http:// to a particular entity, consult the person www.epa.gov/fedrgstr/.

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2. In person. The Agency has must be identified by docket control these petitions contain data or established an official record for this number PF–893. Electronic comments information regarding the elements set action under docket control number PF– may also be filed online at many Federal forth in section 408(d)(2); however, EPA 893. The official record consists of the Depository Libraries. has not fully evaluated the sufficiency documents specifically referenced in of the submitted data at this time or D. How Should I Handle CBI That I this action, any public comments whether the data supports granting of received during an applicable comment Want to Submit to the Agency? the petition. Additional data may be period, and other information related to Do not submit any information needed before EPA rules on the petition. this action, including any information electronically that you consider to be List of Subjects claimed as confidential business CBI. You may claim information that information (CBI). This official record you submit to EPA in response to this Environmental protection, includes the documents that are document as CBI by marking any part or Agricultural commodities, Feed physically located in the docket, as well all of that information as CBI. additives, Food additives, Pesticides as the documents that are referenced in Information so marked will not be and pests, Reporting and recordkeeping those documents. The public version of disclosed except in accordance with requirements. the official record does not include any procedures set forth in 40 CFR part 2. Dated: October 4, 1999. information claimed as CBI. The public In addition to one complete version of version of the official record, which the comment that includes any James Jones, includes printed, paper versions of any information claimed as CBI, a copy of Director, Registration Division, Office of electronic comments submitted during the comment that does not contain the Pesticide Programs. an applicable comment period, is information claimed as CBI must be available for inspection in the Public submitted for inclusion in the public Summaries of Petitions Information and Records Integrity version of the official record. The petitioner summaries of the Branch (PIRIB), Rm. 119, Crystal Mall Information not marked confidential pesticide petitions are printed below as #2, 1921 Jefferson Davis Highway, will be included in the public version required by section 408(d)(3) of the Arlington, VA, from 8:30 a.m. to 4 p.m., of the official record without prior FFDCA. The summaries of the petitions Monday through Friday, excluding legal notice. If you have any questions about were prepared by the petitioners and holidays. The PIRIB telephone number CBI or the procedures for claiming CBI, represent the views of the petitioners. is (703) 305–5805. please consult the person identified in EPA is publishing the petition C. How and to Whom Do I Submit the ‘‘FOR FURTHER INFORMATION summaries verbatim without editing Comments? CONTACT’’ section. them in any way. The petition summary announces the availability of a You may submit comments through E. What Should I Consider as I Prepare My Comments for EPA? description of the analytical methods the mail, in person, or electronically. To available to EPA for the detection and ensure proper receipt by EPA, it is You may find the following measurement of the pesticide chemical imperative that you identify docket suggestions helpful for preparing your residues or an explanation of why no control number PF–893 in the subject comments: such method is needed. line on the first page of your response. 1. Explain your views as clearly as 1. By mail. Submit your comments to: possible. 1. Interregional Research Project Public Information and Records 2. Describe any assumptions that you Number 4 (IR-4) Integrity Branch (PIRIB), Information used. Resources and Services Division 3. Provide copies of any technical PP 9E6035 (7502C), Office of Pesticide Programs, information and/or data you used that EPA has received a pesticide petition Environmental Protection Agency, 401 support your views. [9E6035] from the IR-4 New Jersey M St., SW., Washington, DC 20460. 4. If you estimate potential burden or Agricultural Experiment Station, P.O. 2. In person or by courier. Deliver costs, explain how you arrived at the Box 231, Rutgers University, New your comments to: Public Information estimate that you provide. Brunswick, NJ 08903 proposing, and Records Integrity Branch (PIRIB), 5. Provide specific examples to pursuant to section 408(d) of the Federal Information Resources and Services illustrate your concerns. Food, Drug, and Cosmetic Act (FFDCA), Division (7502C), Office of Pesticide 6. Make sure to submit your 21 U.S.C. 346a(d), to amend 40 CFR part Programs (OPP), Environmental comments by the deadline in this 180 by establishing tolerances for Protection Agency, Rm. 119, Crystal notice. residues of the insecticide, spinosad Mall #2, 1921 Jefferson Davis Highway, 7. To ensure proper receipt by EPA, (Factor A and Factor D): Factor A is 2- Arlington, VA. The PIRIB is open from be sure to identify the docket control [(6-deoxy-2,3,4-tri-O-methyl-alpha-L- 8:30 a.m. to 4 p.m., Monday through number assigned to this action in the manno-pyranosyl)oxy]-13-[5- Friday, excluding legal holidays. The subject line on the first page of your (dimethylamino)-tetrahydro-6-methyl-2 PIRIB telephone number is (703) 305– response. You may also provide the H-pyran-2-yl]oxy]-9-ethyl- 5805. name, date, and Federal Register 2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,6b- 3. Electronically. You may submit citation. tetradecahydro-14-methyl-1 H-as- your comments electronically by E-mail Indaceno [3,2-d]oxacyclododecin-7,15- to: ‘‘[email protected],’’ or you can II. What Action is the Agency Taking? dione. Factor D is 2-[(6-deoxy-2,3,4-tri- submit a computer disk as described EPA has received pesticide petitions O-methyl-alpha-L-manno- above. Do not submit any information as follows proposing the establishment pyranosyl)oxy]-13-[[5-(dimethylamino)- electronically that you consider to be and/or amendment of regulations for tetrahydri-6-methyl-2H-pyran-2-yl]oxy]- CBI. Avoid the use of special characters residues of certain pesticide chemicals 9-ethyl- and any form of encryption. Electronic in or on various food commodities 2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16b- submissions will be accepted in under section 408 of the Federal Food, tetradecahydro-4,14-dimethyl- 1H-as- Wordperfect 6.1/8.0 or ASCII file Drug, and Comestic Act (FFDCA), 21 Indaceno[3,2-d]oxacyclododecin-7,15- format. All comments in electronic form U.S.C. 346a. EPA has determined that dione in or on the raw agricultural

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.170 pfrm04 PsN: 14OCN1 55716 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices commodities (RACs) barley, buckwheat, of cereal grains (crop group 16). observed adverse effect levels (NOAELs) oats, and rye (grains) at 0.02 parts per Previously submitted residue data in for maternal toxicity and fetal toxicity in million (ppm); pearl millet, proso support of the established residue rats were 50 and 200 mg/kg/day, millet, and grain Amaranth (grains) at 1 tolerance on Brassica (cole) leafy respectively. A teratology study in ppm; teosinte and popcorn (grains); vegetables, greens subgroup are to be rabbits showed that spinosad caused grass, forage, fodder and hay (crop used for turnip greens and ti palm. decreased bwt gain and a few abortions group 17); and animal feed, nongrass Previously submitted residue data in in maternal rabbits given 50 mg/kg/day, (crop group 18) at 0.02 ppm; turnip support of the established residue the HDT. Maternal toxicity was not greens at 10 ppm; cilantro, and tolerance on leafy vegetables (except accompanied by either embryo toxicity, watercress at 8 ppm; tropical fruits Brassica) are to be used for cilantro and fetal toxicity, or teratogenicity. The (sugar apple, cherimoya, atemoya, watercress. Previously submitted NOAELs for maternal and fetal toxicity custard apple, ilama, soursop, biriba, residue data in support of almond are in rabbits were 10 and 50 mg/kg/day, lychee, longan, spanish lime, rambutan, used for pistachio. Previously submitted respectively. In a 2-generation pulasan, papaya, star apple, black residue data in support of established reproduction study in rats, parental sapote, mango, sapodilla, canistel, residue tolerances on citrus fruits and toxicity was observed in both males and mamey sapote, avocado, guava, feijoa, apples and a pending residue tolerance females given 100 mg/kg/day, the HDT. jaboticaba, wax jambu, starfruit, passion (PP 8F5002) on stone fruits are to be Perinatal effects (decreased litter size fruit, acerola, and white sapote) at 0.3 used for tropical fruits. The use pattern and pup weight) at 100 mg/kg/day were ppm; ti palm at 10 ppm. Additionally, (low application rate and spot treatment attributed to maternal toxicity. The IR-4 requested a tolerance for spinosad nature) associated with the forage crops NOAEL for maternal and pup effects on pistachio at 0.02 ppm under (crop groups 17 and 18) indicates that was 10 mg/kg/day. conditional registration. Spinosad is no residue data are needed to establish 4. Subchronic toxicity. Spinosad was manufactured by Dow AgroSciences a limit of quantitation (LOQ) tolerance. evaluated in 13–week dietary studies LLC, 9330 Zionsville Road, As a condition for registration of and showed NOAELs of 4.89 and 5.38 Indianapolis, IN 46268. spinosad on pistachios, the Agency mg/kg/day, respectively in male and EPA has determined that the petition requires IR-4 to fulfill the guideline female dogs; 6 and 8 mg/kg/day, contains data or information regarding requirements of a total of five completed respectively in male and female mice; the elements set forth in section field rials on representative and 33.9 and 38.8 mg/kg/day, 408(d)(2) of the FFDCA; however, EPA commodities for Crop Group 14, respectively in male and female rats. No has not fully evaluated the sufficiency almonds and pecans. dermal irritation or systemic toxicity of the submitted data at this time or occurred in a 21–day repeated dose B. Toxicological Profile whether the data support granting of the dermal toxicity study in rabbits given petition. Additional data may be needed 1. Acute toxicity—Spinosad has low 1,000 mg/kg/day. before EPA rules on the petition. acute toxicity. The rat oral lethal dose 5. Chronic toxicity. Based on chronic (LD50) is 3,738 milligrams/kilograms testing with spinosad in the dog and the A. Residue Chemistry (mg/kg) for males and > 5,000 mg/kg for rat, the EPA has set a chronic 1. Plant metabolism. The metabolism females, whereas the mouse oral LD50 is population adjusted dose (cPAD) of of spinosad in plants (apples, cabbage, > 5,000 mg/kg. The rabbit dermal LD50 0.027 mg/kg/day for spinosad. The cotton, tomato, and turnip) and animals is > 5,000 mg/kg and the rat inhalation cPAD has incorporated a 100-fold (goats and poultry) is adequately lethal concentration (LC50) is > 5.18 uncertainty factor to the NOAELs found understood for the purposes of these milligrams/liter (mg/L) air. In addition, in the chronic dog study to account for tolerances. A rotational crop study spinosad is not a skin sensitizer in interspecies and intraspecies variation. showed no carryover of measurable guinea pigs and does not produce cPAD is equivalent to the reference dose spinosad related residues in significant dermal or ocular irritation in (RfD) divided by the Food Quality representative test crops. rabbits. End use formulations of Protection Act (FQPA) safety factor (SF). 2. Analytical method. There is a spinosad that are water-based For spinosad, EPA has determined that practical method (immunoassay) for suspension concentrates have similar the additional 10x SF to account for detecting (0.005 ppm) and measuring low acute toxicity profiles. enhanced sensitivity of infants and (0.01 ppm) levels of spinosad in or on 2. Genotoxicity. Short-term assays for children be reduced to 1x, i.e., removed. food with a limit of detection (LOD) that genotoxicity consisting of a bacterial Thus, the cPAD of 0.027 mg/kg/day is allows monitoring of food with residues reverse mutation assay (Ames test), an equivalent to the chronic RfD. The at or above the level set for these in vitro assay for cytogenetic damage NOAELs shown in the dog chronic tolerances. The method has had a using the Chinese hamster ovary cells, study were 2.68 and 2.72 mg/kg/day, successful method tryout in EPA’s an in vitro mammalian gene mutation respectively for male and female dogs. laboratories. assay using mouse lymphoma cells, an The NOAELs (systemic) shown in the 3. Magnitude of residues. No in vitro assay for DNA damage and rat chronic/carcinogenicity/ additional residue data are being repair in rat hepatocytes, and an in vivo neurotoxicity studies were 9.5 and 12.0 submitted in support of the proposed cytogenetic assay in the mouse bone mg/kg/day, respectively for male and residue tolerances. Previously submitted marrow (micronucleus test) have been female rats. Using the Guidelines for cereal grain crops residue data in conducted with spinosad. These studies Carcinogen Risk Assessment published support of a pending tolerance petition show that spinosad does not elicit a September 24, 1986 (51 FR 33992), it is (PP 8F5002) are to be used for barley, genotoxic response. proposed that spinosad be classified as buckwheat, oats, and rye (wheat residue 3. Reproductive and developmental Group E for carcinogenicity (no studies); pearl millet, proso millet, and toxicity. Spinosad caused decreased evidence of carcinogenicity) based on grain Amaranth (sorghum residue body weight (bwt) in maternal rats given the results of carcinogenicity studies in studies); and popcorn and teosinte (field 200 mg/kg/day by gavage, the highest two species. There was no evidence of corn residue studies). In the same dose tested (HDT). This was not carcinogenicity in an 18–month mouse petition, there is a pending tolerance of accompanied by either embryo toxicity, feeding study and a 24–month rat 1 ppm for forage, fodder, hay, and straw fetal toxicity, or teratogenicity. The no feeding study at all dosages tested. The

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NOAELs shown in the mouse determination for the use of spinosad on exposure and risk relative to a chronic carcinogenicity study were 11.4 and crops cited in this summary that is toxicity endpoint is obtained if average 13.8 mg/kg/day, respectively for male based on a conservative exposure anticipated residue values from field and female mice. A maximum tolerated assessment. trials are used. Inserting the average dose was achieved at the top dosage ii. Drinking water. Another potential residue values in place of tolerance level tested in both of these studies source of dietary exposure to pesticides residue levels produces a more realistic, based on excessive mortality. Thus, the is residues in drinking water. Based on but still conservative risk assessment. petitioner believes that the doses tested the available environmental studies Based on average anticipated residue are adequate for identifying a cancer conducted with spinosad wherein its levels in a dietary risk analysis, the use risk and that a cancer risk assessment is properties show little or no mobility in of spinosad on other pending and not needed. soil, there is no anticipated exposure to existing crop uses will utilize 4.1% of 6. Animal metabolism. There were no residues of spinosad in drinking water. the cPAD for the U.S. population. EPA major differences in the bioavailability, In addition, there is no established generally has no concern for exposures routes or rates of excretion, or maximum concentration level for below 100% of the cPAD because the metabolism of spinosyn A and spinosyn residues of spinosad in drinking water. cPAD represents the level at or below D following oral administration in rats. 2. Non-dietary exposure. Spinosad is which daily aggregate dietary exposure Urine and fecal excretions were almost currently registered for use on a number over a lifetime will not pose appreciable completed in 48 hours post-dosing. In of crops including cotton, fruits, and risks to human health. The new crop addition, the routes and rates of vegetables in the agriculture uses proposed in this notice are minor excretion were not affected by repeated environment. Spinosad is also currently uses. The petitioner expects these uses administration. registered for outdoor use on turf and to contribute only a negligible impact to 7. Metabolite toxicology. The residue ornamentals at low rates of application the cPAD, and also believes that there of concern for tolerance setting purposes (0.04 to 0.54 pounds of active ingredient is reasonable certainty that no harm will is the parent material (spinosyn A and per acre (lbs a.i./ per acre) and indoor result from aggregate exposure to spinosyn D). Thus, there is no need to use for drywood termite control spinosad residues on existing and all address metabolite toxicity. (extremely low application rates used pending crop uses including the ones 8. Endocrine disruption. There is no with no occupant exposure expected). listed in this notice. evidence to suggest that spinosad has an Thus, the potential for non-dietary 2. Infants and children. In assessing effect on any endocrine system. exposure to the general population is the potential for additional sensitivity of considered negligible. C Aggregate Exposure infants and children to residues of 1. Dietary exposure—i. Food. For D. Cumulative Effects spinosad, data from developmental purposes of assessing the potential The potential for cumulative effects of toxicity studies in rats and rabbits and dietary exposure from use of spinosad spinosad and other substances that have a 2-generation reproduction study in the on the RACs listed in this notice as well a common mechanism of toxicity is also rat are considered. The developmental as from other existing and pending considered. In terms of insect control, toxicity studies are designed to evaluate spinosad crop uses, a conservative spinosad causes excitation of the insect adverse effects on the developing estimate of aggregate exposure is nervous system, leading to involuntary organism resulting from pesticide determined by basing the Theoretical muscle contractions, prostration with exposure during prenatal development. Maximum Residue Contribution tremors, and finally paralysis. These Reproduction studies provide (TMRC) on the proposed tolerance level effects are consistent with the activation information relating to effects from for spinosad and assuming that 100% of of nicotinic acetylcholine receptors by a exposure to the pesticide on the these proposed new crops and other mechanism that is clearly novel and reproductive capability and potential pending and existing (registered for use) unique among known insecticidal systemic toxicity of mating animals and crops grown in the United States were compounds. Spinosad also has effects on various parameters associated with treated with spinosad. The TMRC is on the gamma aminobatopic acid the well-being of pups. obtained by multiplying the tolerance (GABA) receptor function that may FFDCA section 408 provides that EPA residue levels by the consumption data contribute further to its insecticidal may apply an additional safety factor for which estimates the amount of crops activity. Based on results found in tests infants and children in the case of and related foodstuffs consumed by with various mammalian species, threshold effects to account for prenatal various population subgroups. The use spinosad appears to have a mechanism and postnatal toxicity and the of a tolerance level and existing and of toxicity like that of many completeness of the data base. Based on pending spinosad crop uses, a amphophilic cationic compounds. the current toxicological data conservative estimate of aggregate There is no reliable information to requirements, the data base for spinosad exposure is determined by basing the indicate that toxic effects produced by relative to prenatal and postnatal effects TMRC on the proposed tolerance level spinosad would be cumulative with for children is complete. Further, for for spinosad and assuming that 100% of those of any other pesticide chemical. spinosad, the NOAELs in the dog these proposed new crops and other Thus it is appropriate to consider only chronic feeding study which were used pending and existing (registered for use) the potential risks of spinosad in an to calculate the cPAD (0.027 mg/kg/day) crops grown in the United States were aggregate exposure assessment. are already lower than the NOAELs treated with spinosad. The TMRC is from the developmental studies in rats obtained by multiplying the tolerance E. Safety Determination and rabbits by a factor of more than 10- residue levels by the consumption data 1. U.S. population. Using the fold. which estimates the amount of crops conservative exposure assumptions and Concerning the reproduction study in and related foodstuffs consumed by the cPAD, the aggregate exposure to rats, the pup effects shown at the HDT various population subgroups. The use spinosad use on other pending and were attributed to maternal toxicity. of a tolerance level and 100% of crop existing crop uses will utilize 25.5% of Therefore, the petitioner concludes that treated clearly results in an overestimate the cPAD for the U.S. population. A an additional uncertainty factor is not of human exposure and a safety more realistic estimate of dietary needed and that the cPAD at 0.027 mg/

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.170 pfrm04 PsN: 14OCN1 55718 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices kg/day is appropriate for assessing risk 2(2,4-dichlorophenyl)-3-(1,1,2,2- ii. Sugar beets. Residue data from a to infants and children. tetrafluoroethoxy)propyl-1H-1,2,4- study conducted with tetraconazole In addition, EPA has determined that triazole (Tetraconazole) in or on the applied to sugar beets in the field at 11 the 10x factor to account for enhanced RAC of beets, sugar at 0.01 ppm; beets, locations in the United States in the sensitivity of infants and children is not sugar, roots at 0.1 ppm; beets, sugar, manner proposed for registration, and a needed for spinosad because: (i) The tops at 7.0 ppm; beets, sugar, pulp, further study among the products of data provided no indication of increased dried at 0.3 ppm; and beets, sugar, sugar beet processing, support the susceptibility of rats or rabbits to in molasses at 0.3 ppm (9F5066), peanuts establishment of tolerances for residues utero and/or postnatal exposure to meat (hulls removed) at 0.03 ppm, of tetraconazole on sugar beet roots at a spinosad. In the prenatal developmental peanuts meal at 0.03 ppm, and peanuts level of 0.1 ppm, on sugar beet tops at toxicity studies in rats and rabbits and oil at 0.1 ppm (9F6023), and imported 7 ppm, in sugar beet pulp (dried) and in 2-generation reproduction in rats, effects bananas at 0.2 ppm (7E4830) and in (sugar beet) molasses at 0.3 ppm, and in in the offspring were observed only at animal commodities of milk at 0.02 refined (sugar beet) sugar at 0.01 ppm. or below treatment levels which ppm; cattle, meat at 0.01 ppm; cattle A magnitude of residue study resulted in evidence of parental toxicity, meat byproducts at 2.0 ppm and cattle conducted with lactating dairy cows fed (ii) no neurotoxic signs have been fat at 0.1 ppm (9F5066). EPA has tetraconazole for a duration of 28 days, observed in any of the standard required determined that the petitions contain followed by terminal sacrifice and studies conducted, and (iii) the data or information regarding the analysis of tissues, supports the toxicology data base is complete and elements set forth in section 408(d)(2) of establishment of tolerances for residues there are no data gaps. the FFDCA; however, EPA has not fully of tetraconazole in milk at 0.02 ppm, in Using the conservative exposure evaluated the sufficiency of the cattle meat at 0.01 ppm, in cattle meat assumptions previously described as submitted data at this time or whether byproducts at 2 ppm, and in cattle fat tolerance level residues, the percent the data supports granting of the at 0.1 ppm. cPAD utilized by the aggregate exposure petition. Additional data may be needed iii. Peanuts. Residue data from a to residues of spinosad on other before EPA rules on the petition. study conducted with tetraconazole pending and existing crop uses is 51.2% applied to peanuts in the field at 12 for children 1 to 6 years old, the most A. Residue Chemistry locations in the United States in the sensitive population subgroup. If 1. Plant metabolism. The nature of the manner proposed for registration, and a average or anticipated residues are used residue of tetraconazole in plants was further study among the products of in the dietary risk analysis, the use of studied extensively in wheat, grapes peanut processing, support the spinosad on these crops will utilize and sugar beets. The principal establishment of tolerances for residues 9.4% of the cPAD for children 1 to 6 compounds found in all three plant of tetraconazole on peanuts (nutmeats) years old. The new crop uses proposed species were unchanged tetraconazole at a level of 0.03 ppm, and in processed in this notice are minor ones and are and the degradation product triazole. peanut meal and oil at 0.03 ppm and 0.1 expected to contribute only a negligible Evidence was found for more extensive ppm, respectively. impact to the cPAD. Thus, based on the metabolism in plant tissues to form B. Toxicological Profile completeness and reliability of the bound residues that were incorporated 1. Acute toxicity. Acute toxicity toxicity data and the conservative into the structural matrices (cellulose studies with technical grade exposure assessment, the petitioner and lignin) surrounding plant cells. tetraconazole include: an acute oral concludes that there is a reasonable 2. Analytical method. An analytical dose study in the rat which certainty that no harm will result to residue method utilizing gas demonstrated an average (both sexes) infants and children from aggregate chromatography with electron capture LD50 level of 1,140 mg/kg bwt; an acute exposure to spinosad residues on the detection is available for enforcement dermal dose toxicity study on the rat above proposed uses including other purposes, which has been validated which indicated an LD50 > 2,000 mg/kg; pending and existing crop uses. among all banana, sugar beet, and a 4–hour inhalation study in the rat F. International Tolerances peanut raw and processed matrices, as which found the LD50 to be greater than well as for milk, meat, and meat 3.66 mg/L of air (MMAD 1.1 microns); There are no Codex maximum residue byproduct matrices. This method is a primary eye irritation study with levels established for residues of described within the magnitude of rabbit, indicating that tetraconazole may spinosad on barley, buckwheat, oats, residue studies provided to EPA in be a slight eye irritant; a primary dermal rye, pearl millet, proso millet, grain support of the petitions for tolerances irritation study in rabbit showing Amaranth, teosinte, popcorn, turnip pertaining to bananas, sugar beets, and tetraconazole to be non-irritating; and a greens, cilantro, watercress, tropical peanut matrices. dermal sensitization study on guinea pig fruit, ti palm, grass forage, fodder, and 3. Magnitude of residues—i. Banana. which demonstrated that tetraconazole hay (crop group 17), and nongrass Residue data from a study conducted was not a skin sensitizer. animal feeds (crop group 18) or any with tetraconazole applied in the field 2. Genotoxicty. The mutagenic other food or feed crop. to banana plants at 12 locations in the potential of tetraconazole has been 2. Sipcam Agro USA, Inc. field throughout Latin America to evaluated in five studies including: a support establishment of a tolerance of reverse gene mutation assay in PP 9F5066, 9F6023, and 7E4830 0.2 ppm (unbagged, whole fruit basis) Salmonella typhimurium cells; a cell EPA has received three pesticide for residues of tetraconazole on bananas. mutation assay in mouse lymphoma petitions [9F5066, 9F6023, and 7E4830] The magnitude of residues on the edible L5178Y cells in vitro, with and without from Sipcam Agro USA, Inc., 70 pulp portion of the fruit grown under metabolic activation; a chromosomal Mansell Court, Suite 230, Rosewell, GA typical banana cultivation practices was aberration assay in Chinese hamster 30076 proposing, pursuant to section less than 0.02 ppm, which is the ovary cells in vitro, with and without 408(d) of the FFDCA, 21 U.S.C. 346a(d), maximum anticipated residue to be metabolic activation; a mouse bone to amend 40 CFR part 180 by used for dietary exposure risk marrow micronucleus assay in vivo; and establishing tolerances for residues of 1- assessment. an unscheduled DNA synthesis assay in

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HeLa epithelioid cells. All studies were respectively). At the highest dose, liver levels of 10, 90, 800, and 1,250 ppm for negative for genotoxicity and/or and kidney weights and cholesterol 80 weeks. Treatment-related non- mutagenic potential. levels were elevated, and liver injury neoplastic changes were also seen at 3. Reproductive and developmental occurred based upon increased levels of 1,250 ppm in the lungs, kidneys, testes, toxicity. A developmental toxicity study GPT, δ-GT and OCT. The no effect level epididymides, ovaries and bone, with rats given oral gavage doses of 5, was 0.7 mg/kg/day, as compared with particularly the cranium; a compression 22.5, and 100 mg/kg/day from days 6 zero-dose control animals. of the brain was noted in a number of through 15 of gestation resulted in a A chronic (full-lifetime) feeding/ mice reflecting the extent of cranial NOAEL for maternal toxicity of 5 mg/ carcinogenicity study was conducted bone changes and an increased thymic kg/day based upon bwt reduction, with Crl:CD(SD)BR rats fed involution was seen in male mice that reduced food intake and post-dose tetraconazole at dietary levels of 10, 80, died on test. The 1,250 ppm dietary salivation at the two higher doses, as 640, and 1,280 ppm for 104 weeks in level for tetraconazole, because of the compared with zero-dose controls. The males and 10, 80, and 640 ppm for 104 substantial bwt gain changes and developmental NOAEL was 22.5 mg/kg/ weeks in females. In the liver, changes increased mortality (more in males), day. Among the highest dose group such as hepatocyte enlargement and appeared to be above the maximum there was evidence of minimal increase increased incidence of eosinophilic tolerated dose (MTD). At 800 ppm, there in the incidence of supernumerary ribs hepatocytes, seen at doses of 80, 640, or were increases in non neoplastic among the fetuses. 1,280 ppm were associated with hepatic changes in lungs, kidneys, testes, A developmental toxicity study in enzyme induction. epididymides, ovaries and bone. In rabbits given oral gavage doses of 7.5, The class of compounds (triazoles) to addition, there was substantial 15, and 30 mg/kg/day on days 6 through which tetraconazole belongs is known reduction in weight gain as compared 18 of gestation resulted in a maternal to induce liver microsomal enzymes. with zero-dose control animals, but the NOAEL of 15 mg/kg/day. Effects The follicular cell hypertrophy and mortality rate was unaffected. Eight observed in the dams in the high-dose cystic follicular hyperplasia of the hundred ppm appeared to be a group were decreased bwt gain and thyroid seen in male rats at 1,280 ppm reasonable estimate of the MTD for reduced food consumption as compared are also likely to be linked to the hepatic mouse. with zero-dose controls. There were no changes. Compounds such as At 90 ppm, non-neoplastic changes developmental effects observed in this phenobarbital are also known to induce were detected in bone and the study. thyroid changes in rats due to increased epididymides in addition to liver A 2-generation reproduction study in hepatic clearance of thyroxin, mediated changes. No treatment-related findings rats fed diets containing 10, 70, and 490 by hepatic enzyme induction. were seen in mice treated at 10 ppm ppm resulted in a reproductive NOAEL A special mechanistic study was (approximately 1.5 mg/kg/day), and this of 10 ppm (0.6 mg/kg/day) based upon conducted in order to more fully dose level was defined as the NOAEL. toxicity to the dam, slightly retarded determine the potential role of In this same study, an increased growth rate in offspring at the higher microsomal enzyme induction by incidence of benign liver cell tumors two doses, and slightly increased liver tetraconazole administered in the diet was observed in males and females fed weights in offspring at the highest dose, upon the histopathologic findings in rat. 800 ppm, and an increased incidence of as compared with zero-dose controls. Dietary administration of tetraconazole benign and malignant liver cell tumors 4. Subchronic toxicity. A 90–day oral to rats for 4 weeks resulted in the in males and females given 1,250 ppm. subchronic toxicity study was induction of cytochrome P450, These tumors were associated with conducted with technical grade including those of the CYP2B and 3A increased signs of hepatotoxicity tetraconazole in rats at 10, 60, and 360 subfamilies, and of UDP-glucuronyl including hepatocyte vacuolation and ppm in the diet. Treatment related transferase. fat deposition at 90, 800, and 1,250 increased liver weights and Chronic dietary administration of ppm; granulomatous inflammation, centrilobular hepatocyte enlargement tetraconazole to rats did not induce a pigmented macrophages, bile duct were observed at the two highest dose carcinogenic response. No increase in hyperplasia and pericholangitis in mice levels. The NOAEL was 10 ppm (0.8 tumors was noted at the high dose given 800 and 1,250 ppm. In addition, mg/kg/day), by comparison with data groups among males or females. The there was evidence of treatment-related from the zero-dose control group. liver was the target organ. There was a hepatocellular enlargement and A 90–day oral subchronic toxicity marginal increase in benign liver cell increased numbers of altered foci of study was conducted in mice with tumors among male rats fed 640 ppm eosinophilic and basophilic hepatocytes dietary concentrations of technical but these were not statistically in both sexes given 800 and 1,250 ppm; grade tetraconazole at 5, 25, 125, and significant and not dose-related, and the eosinophilic hepatocytes were noted in 625 ppm. The two highest dosages benign tumors did not progress to male (only) mice receiving 90 ppm. resulted in liver enlargement, malignant liver cell tumors. There were Tetraconazole is a triazole, and this accentuated lobular markings and liver some changes in the liver at 80 ppm, class of compounds is known to induce pallor. Microscopic tissue alterations whereas 10 ppm (approximately 0.6 mg/ liver microsomal enzymes. A special related to tetraconazole were liver kg/day) was observed to be the NOAEL. mechanistic study was conducted in enlargement at the three highest doses The incidence of foci or areas of order to more fully determine the and single cell necrosis/degeneration basophilic hepatocytes was greater in potential role of microsomal enzyme and/or areas of necrosis at the two male rats given 10, 80, or 640 ppm than induction by tetraconazole administered highest doses. The NOAEL was 5 ppm in zero-dose controls. This is a common in the diet upon the formation of tumors (1 mg/kg/day). spontaneous age-related change which in mouse. Dietary administration of 5. Chronic toxicity. A 12–month showed no dose relationship in this tetraconazole to mice for 4 weeks results chronic oral toxicity study in Beagle study and is considered unlikely to be in the induction of cytochrome P450- dogs was conducted with technical of toxicological importance. related activities, as well as the tetraconazole at dose levels of 0.7, 2.8, A chronic feeding/carcinogenicity concentrations of microsomal protein and 5.6 mg/kg/day (22.5, 90, and 360 study was conducted with tetraconazole and cytochrome P450, and of the phase ppm dietary concentrations, in Crl:CD-l (ICR)BR mice at dietary II activity, and p-nitrophenol UDP-

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.170 pfrm04 PsN: 14OCN1 55720 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices glucuronyl transferase activity. The C. Aggregate Exposure subchronic studies, expressed in terms effects of tetraconazole on the 1. Dietary exposure. Tolerances have of bwt dose on a daily basis, was cytochrome P450-dependent MFO been proposed to accompany uses confirmed in two studies to be 0.6 mg/ system were somewhat different from proposed for tetraconazole products on kg/day. These two studies were the those of phenobarbital. Many of these bananas, sugar beets and peanuts. chronic/oncogenicity (full-lifetime) enzymes have not been as well- Tolerance-level residues may be utilized study in rat, and the 2-generation characterized in mice compared to rats. to conduct dietary exposure risk reproduction study in rat. Therefore the However, the phase II enzyme activity assessments, except that for bananas, chronic RfD to be used for human increases were similar to those of the anticipated residue would be only exposure risk assessment should be phenobarbital. It is concluded from 10% of the tolerance level because more 0.006 mg/kg/day by incorporation of these studies that prolonged induction than 90% of the residue on a whole-fruit both a 10-fold interspecies safety factor of liver microsomal enzymes and/or basis remained on the peel. and a 10-fold intraspecies safety factor. A chronic dietary exposure analysis production of sustained liver injury can Drinking water. A drinking water dietary risk evaluation system (DRES) lead to the formation of liver tumors in exposure assessment was performed for was conducted for tetraconazole, mice. surface water with the screening model generic expected environmental conservatively assuming tolerance-level 6. Animal metabolism. Four concentration (GENEEC), using the residues in/on bananas, sugar beets, and metabolism studies (rat and goat input parameters represented by the peanuts, including all secondary triazole- and phenyl-labeled) were environmental fate data obtained for processed commodity tolerances conducted in animals with 14C labeled tetraconazole in guideline-compliant associated with these crops plus milk, tetraconazole. In the rat the initial studies. The model SCI-GROW was meat and meat byproducts. The metabolism proceeded through cleavage utilized to perform a ground water maximum potential dietary exposure of of the tetrafluoroethyl ether moiety, exposure assessment. The combined tetraconazole to the U.S. population was followed by a 2-step oxidation to predicted levels of exposure in drinking calculated to be 0.223 micrograms/kg/ tetraconazole-acid. In the goat the initial water from surface and ground water, day, or 4.5% of the chronic RfD. oxidation step formed tetraconazole- without any mitigation by means of For acute effects, the lowest NOAEL difluoroacetic acid, followed by ether filtration or other treatments typically for tetraconazole was observed for cleavage to tetraconazole-alcohol, then applied to human drinking water, were maternal effects in the rat developmental study at 5 mg/kg/day, further oxidation to tetraconazole-acid. 0.32 micrograms/kg/day for the highest- wherein decreased maternal bwt and In both the rat and the goat, the exposure age cohort nursing and non- food consumption were observed at the tetraconazole-acid functional group was nursing infants (> 1 year), or 5.3% of the lowest observed adverse levels enzymatically displaced, and the chronic reference dose (RfD). The level of exposure to infants through drinking (LOAELs) of 22.5 mg/kg/day; therefore, resulting thioether was oxidized to the acute RfD for human exposure risk tetraconazole-acid-methyl-sulfoxide. An water, coupled with the maximum dietary exposure for non-nursing assessments is 0.05 mg/kg/day. An acute alternative pathway for tetraconazole- dietary exposure analysis was alcohol degradation was to form either infants, thereby resulted in a maximum combined potential exposure of 0.90 performed, focusing upon females aged glucuronide derivatives of 13 to 50 years, based upon the acute tetraconazole-alcohol, or enzymatic micrograms/kg/day, or 15.1% of the RfD. RfD. The dietary exposure model triazole displacement to form 2. Non-dietary exposure. EXPedite predicted a maximum (99.9th dichlorophenyl-acetyl-cysteine. The Tetraconazole products are not yet percentile) potential dietary exposure nature of the residue in the goat is registered for any uses in the United level of 1.06 micrograms/kg/day for adequately understood for the purpose States, however there is a pending females of childbearing age, which of regulating dietary exposure to registration for usage on turf grass represents 2.1% of the acute RfD. residues. The liver retained the highest which would permit applications to golf 2. Infants and children. There is a radioactivity, and muscle contained the courses, commercial turf grass and sod complete data base for tetraconazole lowest radioactivity. Tetraconazole was farms. Tetraconazole products will be which includes prenatal and postnatal found to be the major residue in the labeled so as to prohibit applications on developmental and reproduction liver and fat, and triazole was the major residential turf grass. Tetraconazole toxicity data. In a 2-generation residue in milk, muscle and kidney. products are not intended for reproduction study with rats, all reproductive parameters investigated 7. Endocrine disruption. Based upon registration or utilization in any setting showed no treatment-related effects the findings from all of the full-lifetime which would contribute to human except slightly retarded growth rate and and chronic toxicology studies, exposure in households or residential vicinities. slightly increased liver weight at teratogenicity, mutagenicity and multi- weaning in the offspring at the highest generational reproductive studies D. Cumulative Effects dose of 35.8 mg/kg/day. The NOAEL for conducted with tetraconazole, it is Tetraconazole is a member of a class reproductive effects in offspring was 4.8 concluded that there were no of compounds with structures mg/kg/day, which was 12 times higher indications of any potential to cause containing 1,2,4-triazole substituents. than the NOAEL for toxicity effects in disruption or modification of endocrine Data are not yet available to determine the dams. Thus the available evidence function among any of the four animal whether tetraconazole has a common suggests that mammalian offspring species that have been studied (rat, mechanism of toxicity in mammalian would be less sensitive to potential mouse, rabbit and dog). Among the systems with other substances, or how toxicological effects from tetraconazole studies conducted with these four to include this pesticide in a cumulative than would adults. species there were no behavioral, risk assessment. In the developmental toxicity reproductive or teratogenic effects, or (teratology) study conducted in the rat, histopathological changes in endocrine E. Safety Determination tetraconazole did not cause any sensitive tissues such as the uterus, 1. U.S. population. The lowest dietary developmental effects in fetuses at 22.5 ovaries, mammary glands, or the testes. NOAEL for tetraconazole in chronic or mg/kg/day even when maternal toxicity

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.170 pfrm04 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55721 was observed. In the rabbit a dose level ENVIRONMENTAL PROTECTION U.S. Environmental Protection Agency, of 30 mg/kg/day caused maternal AGENCY Region VIII, 999 18th Street, Denver, Colorado, 80202. A copy of the toxicity, but there were no [FRL±6458] developmental effects. proposed Agreement may be obtained The extensive data base that is Notice of Proposed Prospective from the Superfund Records Center, U.S. Environmental Protection Agency, available for tetraconazole contains no Purchaser Agreement Pursuant to the Region VIII, 999 18th Street, Suite 500, indication that tetraconazole would Comprehensive Environmental Denver, Colorado, 80202, 301/312–6473. represent any unusual or Response, Compensation, and Liability Act of 1980, as Amended by the Comments should reference the disproportionate hazard to infants or Wellington Neighborhood Property and children. Therefore there is no need to Superfund Amendments and Reauthorization Act, Wellington should be forwarded to Andy Lensink, impose additional safety factors above Neighborhood Property, French Gulch/ Enforcement Attorney, at the U.S. the 10x interspecific uncertainty factor, Wellington-Oro Site Environmental Protection Agency, coupled with the 10x intraspecific Region VIII, 8ENF–T, 999 18th Street, uncertainty factor, for conducting risk AGENCY: Environmental Protection Denver, Colorado, 80202. assessments pertaining to infants or Agency (EPA). FOR FURTHER INFORMATION CONTACT: children. ACTION: Notice; request for public Andy Lensink, U.S. Environmental A chronic DRES was conducted for comment. Protection Agency, Region VIII, 8ENF– tetraconazole, conservatively assuming SUMMARY: Notification is hereby given of T, 999 18th Street, Denver, Colorado, tolerance-level residues in/on bananas, a Proposed Prospective Purchaser 80202. (303) 312–6908. sugar beets, and peanuts, including all Agreement (PPA) associated with the It is so agreed: secondary processed commodity Wellington Neighborhood Property near Max H. Dodson, tolerances associated with these crops the French Gulch/Wellington-Oro Site, Assistant Regional Administrator, Office of plus milk, meat, and meat byproducts. Summit County, Colorado. This Ecosystems Protection & Remediation, U.S. The highest potential dietary exposures Agreement is subject to final approval Environmental Protection Agency, Region to non-nursing infants less than l–year after the comment period. The VIII. old and children 1 to 6 years old were Prospective Purchaser Agreement would [FR Doc. 99–26808 Filed 10–13–99; 8:45 am] 0.552 micrograms/kg/day and 0.527 resolve certain potential EPA claims BILLING CODE 6560±50±M micrograms/kg/day, or 11% and 10.5% under sections 106 and 107 of the of the chronic RfD, respectively. These Comprehensive Environmental were the two age cohorts which Response, Compensation, and Liability EQUAL EMPLOYMENT OPPORTUNITY represented the highest proportionate Act of 1980 as amended by the COMMISSION utilization of the chronic reference dose. Superfund Amendments and Reauthorization Act of 1986 (CERCLA), Agency Information Collection F. International Tolerances against Brynn Grey V LLC. and Activities: Extension of Existing Wellington Neighborhood, LLC., the Collection; Comment Request There are no established Codex, prospective purchasers (the purchasers). Canadian, or Mexican tolerances (MRLs) The settlement would require the AGENCY: Equal Employment established for tetraconazole. No MRLs purchasers to cover and maintain areas Opportunity Commission. for tetraconazole have been established of the property containing elevated ACTION: Notice of Information Collection under the EU uniform code for pesticide levels of metals. The purchasers intend Under Review; Local Union Report registrations. The following MRLs to develop the property for deed (EEO–3). (expressed in ppm) have been restricted affordable housing consistent SUMMARY: established for tetraconazole residues on with a master plan approved by local In accordance with section 3506(c)(2)(A) of the Paperwork sugarbeet roots; Belgium, France, authorities. The purchasers will regrade Reduction Act of 1995, the Equal Portugal, Spain (0.05); Hungary (0.1); areas disturbed by historical placer Employment Opportunity Commission and Italy (0.2). In addition to sugar mining, will provide EPA with access to the property, will allow the use of a (EEOC) announces that it intends to beets, the following MRLs (in ppm) for submit to the Office of Management and tetraconazole have also been established motion of the property for construction of response actions, if necessary, and Budget (OMB) a request for an extension in the following countries for several of the existing information collection RACs; apples, and/or pome fruits (Israel, will deposit funds for the purchase of the property into an EPA special listed below. Spain 0.2, France 0.3, Italy, Portugal, account. DATES: Written comments on this notice Poland 0.5); grapes (Israel, Jordan, For seven (7) days following the date must be submitted on or before France, Portugal, Spain 0.2, Italy 0.5); of publication of this document, the December 13, 1999. stone fruits (Italy, Spain 0.2); cucumbers Agency will receive written comments ADDRESSES: Comments should be (Italy, Poland, Egypt, Jordan 0.2); relating to the proposed settlement. The submitted to Frances M. Hart, Executive melons (Egypt, Jordan, Italy 0.05, Israel Agency’s response to any comments Officer, Executive Secretariat, Equal 0.2); peaches and/or stone fruits (Italy, received will be available for public Employment Opportunity Commission, Spain 0.2); wheat grain (Morocco, inspection at the Superfund Records 10th Floor, 1801 L Street, NW, Belgium, France, Hungary, Poland, Italy, Center at the U.S. Environmental Washington, DC 20507. As a Portugal, United Kingdom 0.05); oat Protection Agency, Region VIII, 999 convenience to commentators, the grain (United Kingdom 0.1); barley grain 18th Street, Denver, Colorado, 80202. Executive Secretariat will accept (Italy 0.1, United Kingdom 0.2); DATES: Comments must be submitted comments transmitted by facsimile tomatoes (Egypt, Israel, Jordan 0.2); and within seven (7) days from the date of (‘‘FAX’’) machine. The telephone mango (Israel 0.2). this publication. number of the FAX receiver is (202) [FR Doc. 99–26861 Filed 10–13–99; 8:45 am] AVAILABILITY: The proposed settlement is 663–4114. (This is not a toll-free BILLING CODE 6560±50±F available for public inspection at the number.) Only comments of six or fewer

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.170 pfrm04 PsN: 14OCN1 55722 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices pages will be accepted via FAX labor organizations to make and keep OFFICE OF SCIENCE AND transmittal. This limitation is necessary records relevant to a determination of TECHNOLOGY POLICY to assure access to the equipment. whether unlawful employment practices Receipt of FAX transmittals will not be have or are being committed and to Proposed Federal Policy on Research acknowledged, except that the sender make reports therefrom as required by Misconduct To Protect the Integrity of may request confirmation of receipt by the EEOC. Accordingly, the EEOC has the Research Record calling the Executive Secretariat staff at issued regulations which set forth the AGENCY: (202) 663–4078 (voice) or (202) 663– Office of Science and reporting requirement for various kinds Technology Policy. 4074 (TDD). (These are not toll-free of labor organizations—Referral local ACTION: Request for public comment on telephone numbers.) Copies of unions with 100 or more have been comments submitted by the public will proposed Federal policy on research required to submit EEO–3 reports since misconduct. be available to review at the 1967 (biennially since 1985). The Commission’s library, Room 6502, 1801 individual reports are confidential. L Street, NW, Washington, DC 20507 SUMMARY: The Office of Science and between the hours of 9:30 and 5:00 p.m. EEO–3 data are used by the EEOC to Technology Policy (OSTP) proposes a government-wide Federal policy for FOR FURTHER INFORMATION CONTACT: investigate charges of discrimination against referral local unions. In research misconduct for adoption and Joachim Neckere, Director, Program implementation by agencies that Research and Surveys Division, 1801 L addition, the data are used to support EEOC decisions and conciliations, and conduct and support research. The Street, NW, Room 9222, Washington, proposed policy addresses behavior that DC 20507, (202) 663–4958 (voice) or for research. Pursuant to section 709(d) of Title VII of the Civil Rights Act of has the potential to affect the integrity (202) 663–7063 (TDD). of the research record and establishes 1964, as amended, EEO–3 data are also SUPPLEMENTARY INFORMATION: The procedural safeguards for handling shared with 86 State and Local Fair Commission solicits public comment to allegations of research misconduct. It Employment Practices Agencies enable it to: has been cleared by the National (1) Evaluate whether the proposed (FEPAs) and other government agencies. Science and Technology Council collection of information is necessary Burden Statement: The respondent (NSTC) and is the result of an extensive for the proper performance of the burden for this information collection is interagency development, review, and Commission’s functions, including minimal. The estimated number of clearance process initiated in April whether the information will have respondents included in the annual 1996. This policy notice was developed practical utility; EEO–3 survey is 3,000 referral local by OSTP in consultation with the Office (2) Evaluate the accuracy of the unions. Since each union files one EEO– of Management and Budget (OMB), and Commission’s estimate of the burden of 3 report, the number responses is 3,000. OMB supports the solicitation of the proposed collection of information, The total biennial reporting burden is comment on the proposed policy and including the validity of the estimated to be 3,000 hours, and total procedures. methodology and assumptions used; biennial reporting and recordkeeping The policy consists of a definition of (3) Enhance the quality, utility, and burden is 4,500 hours. research misconduct and guidelines for clarity of the information to be handling allegations of research collected; and This is an average burden estimate misconduct. Following consideration of (4) Minimize the burden of the and is based on a long history of public comments received, the agencies collection of information on those who reporting experience. The burden is will be directed to implement the are to respond, including the use of dependent on the size of the referral policy. In some cases, this may require appropriate automated, electronic, local union and on the number of agencies to amend or replace regulations mechanical, or other technological referrals made by the union during the addressing research misconduct that are collection techniques or other forms of reporting period. Smaller unions may already in place. In other cases, agencies information technology, e.g., permitting well take under an hour to complete the may implement the policy through electronic submission of responses. report. Over the years, the Commission administrative mechanisms. An Overview of This Information has reduced the reporting and record important objective of this policy is to Collection keeping burden by eliminating all local achieve uniformity in research unions with fewer than 100 members, misconduct policies across the agencies Collection Title: Local Union Report by requiring record keeping for a two of the Federal government. It is (EEO–3). month period only, by changing the data intended that agencies will adopt the OMB Number: 3046–0006. final Federal research misconduct Frequency of Report: Biennial. collection instrument, and by changing policy, and therefore potentially Type of Respondent: Referral local the frequency of the data collection from affected parties should express their unions with 100 or more members. an annual to a biennial basis. Further views on the policy in response to this Description of Affected Public: reductions, such as filing by diskette or notice. Referral local unions and independent magnetic tape, have been less successful or unaffiliated referral unions and because referral local unions appear less DATES: The Office of Science and similar labor organizations. likely to have computerized record Technology Policy welcomes comments Responses: 3,000. keeping and reporting capabilities. on the proposed policy. To be assured consideration, comments must be Reporting Hours: 3,000 (4,500 hours Dated: October 6, 1999. including recordkeeping). postmarked no later than December 13, For the Commission. Number of Forms: 1. 1999. Federal Cost: $43,500. Ida L. Castro, ADDRESSES: Comments should be Abstract: Section 709(c) of Title VII of Chairwoman. addressed to Sybil Francis, Office of the Civil Rights Act of 1964, as [FR Doc. 99–26790 Filed 10–13–99; 8:45 am] Science and Technology Policy, amended, 42 U.S.C. 2000e–8(c), requires BILLING CODE 6570±01±M Executive Office of the President, employers, employment agencies, and Washington, DC 20502.

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FOR FURTHER INFORMATION CONTACT: managed by contractors, and research obtained through confidential review of Sybil Francis, Office of Science and performed at universities. others’ research proposals and Technology Policy, Executive Office of Commentators are invited to express manuscripts. the President, Washington, DC 20502. their views on the proposed policy and • Research misconduct does not Tel: 202–456–6040; Fax: 202–456–6027; on the premise that a uniform include honest error or honest e-mail: [email protected]. government-wide policy is a desirable differences of opinion. SUPPLEMENTARY INFORMATION: Advances goal. II. Findings of Research Misconduct in science and engineering depend on Following consideration of public A finding of research misconduct the reliability of the research record, as comments received, agencies will be directed to implement the policy. In requires that: do the benefits associated with them in • There be a significant departure areas such as health and national some cases, this may require agencies to amend or replace extant regulations from accepted practices of the scientific security. Sustained public trust in the community for maintaining the integrity scientific enterprise also requires addressing research misconduct. In other cases, agencies may need to put of the research record; confidence in the research record and in • The misconduct be committed the processes involved in its ongoing new regulations in place or implement the policy through administrative intentionally, or knowingly, or in development. reckless disregard of accepted practices; It is for these reasons, and in the mechanisms. The proposed policy addresses and interest of ensuring uniformity in • behavior subject to administrative The allegation be proven by a Federal agency policies addressed to action and applies only to research preponderance of evidence. behaviors that might affect the integrity misconduct as defined in the policy. It of the research record, that the NSTC III. Responsibilities of Federal Agencies does not supersede government policies and Research Institutions 3 initiated discussions regarding the or procedures for addressing other Agencies and research institutions are development of a government-wide matters, such as the unethical treatment partners who share responsibility for the research misconduct policy in April of human research subjects or integrity of the research process. Federal 1996. Since then, the proposed policy mistreatment of laboratory animals used agencies have ultimate oversight has undergone extensive agency review in research, nor does it supersede authority for Federally funded research, and clearance at a number of levels. The criminal or civil law. It does not limit but research institutions bear primary NSTC’s Research Integrity Panel (RIP), agency or institutional policies and responsibility for prevention and comprised of representatives from the prerogatives in addressing other forms detection of research misconduct, and major research agencies developed the of misconduct, including those that for the inquiry, investigation, and first draft of the policy. It was tasked by might occur in the course of conducting adjudication of allegations of research the NSTC to propose a definition of research, including the misuse of public research misconduct and to develop misconduct. funds. Agencies will address these other • Agency Policies and Procedures. guidelines for responding to allegations issues as authorized by law and as of research misconduct. The RIP Agency policies and procedures with appropriate to their missions and regard to both their intramural as well forwarded its report and objectives. recommendations to the NSTC as their extramural programs must Committee on Science in December Proposed Policy conform to those outlined in this 1996, which broadened review of the The proposed policy consists of the document. • Agency Referral to Research policy to additional agencies, subjecting following: it to further analysis. The full NSTC Institution. In most cases, agencies will approved the proposed policy in May I. Research Misconduct Defined rely on the researcher’s home institution 1999, clearing the way for this notice of Research1 misconduct is defined as to respond to allegations of research misconduct. proposed policy. The notice was fabrication, falsification, or plagiarism • developed by OSTP in consultation in proposing, performing, or reviewing Agencies will therefore usually with OMB, and OMB supports the research, or in reporting research direct allegations of research solicitation of comment on the proposed results. misconduct made directly to them to the policy and procedures. • Fabrication is making up results appropriate research institution. A The proposed policy defines the and recording or reporting them. Federal agency may elect not to defer to scope of the Federal government’s • Falsification is manipulating the research institution if it determines interest in the accuracy and reliability of research materials, equipment, or the institution is not prepared to handle the research record and the processes processes, or changing or omitting data the allegation in a manner consistent involved in its development. It consists or results such that the research is not with the definition of research of a definition of research misconduct accurately represented in the research misconduct and procedures outlined and establishes basic guidelines for record.2 herein; if Federal agency involvement is • responding to allegations of research Plagiarism is the appropriation of needed to protect the Federal misconduct, including procedural another person’s ideas, processes, 3 safeguards. An important objective of results, or words without giving This includes all organizations receiving Federal appropriate credit, including those research funds, including, for example, colleges and this policy is to achieve uniformity universities, intramural Federal research across the Federal agencies in the laboratories, Federally funded research and definition of research misconduct they 1 Research, as defined herein, includes all basic, development centers, national user facilities, applied, and demonstration research in all fields of industrial laboratories, or other research institutes. use and consistency in their processes science, engineering, and mathematics. Independent researchers and small research for responding to allegations of research 2 The research record is defined as the record of institutions are covered by this policy but it is misconduct. It is expected that the final data or results that embody the facts resulting understood that they may not have the institutional policy will apply to all research funded fromscientific inquiry, and includes, for example, structures in place to meet the full range of laboratory records, both physical and electronic, responsibilities outlined in this policy. Under such by the Federal agencies, including research proposals, progress reports, abstracts, circumstances the agency may elect not to defer the intramural research conducted by the theses, oral presentations, internal reports, and investigations to the small research institution or Federal agencies, research conducted or journal articles. independent researcher.

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The may proceed with its own inquiry or be informed. selection of individuals to review investigation. • Agency Follow-up to Institutional allegations and conduct investigations • Multiple Phases of the Action. The agency will review the who have appropriate expertise and Investigation. An agency’s or research findings and any corrective actions have no unresolved conflicts of institution’s response to an allegation of taken by the research institution, take interests, helps to ensure fairness research misconduct will usually additional investigative steps if throughout all phases of the process; consist of several phases, including an necessary, and determine what actions • Timeliness. Reasonable time limits inquiry to determine if the allegation has may be required to protect the for the conduct of the inquiry, substance and if an investigation is government’s interests. Upon investigation, adjudication, and appeal warranted; and an investigation, the completion of its review, the agency phases, with allowances for extensions formal examination and evaluation of will take appropriate administrative where appropriate, provide confidence the relevant facts leading either to action in accordance with applicable that the process will be well-managed; dismissal of the case or a laws or regulations. When the agency and recommendation for a finding of has made a final determination and has • Confidentiality During Inquiry and research misconduct. If an investigation closed a case, it will notify the subject Investigation. To the extent possible results in a recommendation for a of the allegation and the involved consistent with a fair investigation and finding of misconduct, an adjudication institution of the disposition of the case. as allowed by law, knowledge about the phase follows whereby the • When more than one agency is identity of subjects and informants is recommendations are reviewed and involved. A lead agency should be limited to those who need to know. appropriate action determined. The designated to coordinate responses to Records maintained by the agency subject of the allegation may also appeal allegations of research misconduct during the course of responding to an a Federal agency finding of research when more than one agency is involved allegation of research misconduct misconduct. in funding activities relevant to the • Separation of Phases. Adjudication allegation. In cases where the sanction should be exempt from disclosure under decisions are separated organizationally is less than government-wide the Freedom of Information Act to the from the agency’s or research suspension or debarment, agencies may extent permitted by law and regulation. institution’s inquiry and investigation implement their own administrative V. Actions processes. Any appeals process should actions in accordance with established • Seriousness of the Misconduct. In likewise be separated organizationally agency and contractual procedures. from the inquiry or investigation. deciding what administrative actions • Institutional Notification of the IV. Guidelines for Fair and Timely are appropriate, the agency should Agency. When research institutions Procedures consider the seriousness of the receive allegations of research The following guidelines are provided misconduct, including whether the misconduct, they will notify the to assist agencies and research misconduct was intentional or reckless; relevant responsible agency (or agencies institutions in developing fair and was an isolated event or part of a in some cases) of the allegation upon timely procedures for responding to pattern; had significant impact on the completion of an inquiry, if (1) the allegations of research misconduct. research record; and had significant allegation involves Federally funded Implementation of these guidelines impact on other researchers or research (or an application for Federal should provide safeguards for subjects institutions. funding) and meets the Federal of allegations as well as for informants. • Administrative Actions. definition of research misconduct given Fair and timely procedures include the Administrative actions available above, and (2) there is sufficient following: include, but are not limited to, letters of evidence to proceed to an investigation. • Safeguards for Informants. reprimand; the imposition of special Research institutions will keep the Safeguards for informants give certification or assurance requirements agency informed of the progress of the individuals the confidence that they can to ensure compliance with applicable investigation, its outcome, and any bring good faith allegations of research regulations or terms of an award; actions taken. Upon completion of the misconduct to the attention of suspension or termination of an active investigation, the research institution appropriate authorities or serve as award; or suspension and debarment in will forward to the agency a report of informants to an investigation without accordance with the government-wide the case and recommendations for its suffering retribution; rule on nonprocurement suspension and disposition. • Safeguards for the Subject of the debarment, Subpart 9.4 of the Federal • Other Reasons to Notify the Agency. Allegation. Safeguards for the subjects Acquisition Regulation. In the event of At any time during an inquiry or of allegations give individuals the suspension or debarment, the investigation, the institution will notify confidence that their rights are information is made publicly available the Federal agency if public health or protected and that the mere filing of an through the List of Parties Excluded safety is at risk; if agency resources or allegation of research misconduct from Federal Procurement and interests are threatened; if research against them will not bring their Nonprocurement Programs maintained activities should be suspended; if there research to a halt or be the basis for by the U.S. General Services is reasonable indication of possible other disciplinary or adverse action Administration. violations of civil or criminal law; if absent other compelling reasons. Other • In Case of Criminal Violations. If Federal action is required to protect the safeguards include timely written the funding agency believes that interests of those involved in the notification of the subject regarding criminal violations may have occurred,

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Item No. Bureau Subject

1 ...... Common Carrier ...... Title: Applications of Ameritech Corporation, Transferor, and SBC Communica- tions, Inc., Transferee, for Consent to Transfer Control of Corporations Hold- ing Commission Licenses and Lines Pursuant to sections 214 and 310(d) of the Communications Act and Parts 5, 22, 24, 25, 63, 90, 95 and 101 of the Commission's Rules (CC Docket No. 98±141). Summary: The Commission will consider a Memorandum Opinion and Order concerning applications for approval to transfer control of licenses and lines. 4 ...... Common Carrier Cable Services Engi- Title: Local Competition and Broadband Reporting. neering and Technology and Wire- Summary: The Commission will consider a Notice of Proposed Rulemaking less Telecommunications. proposing to collect data about the development of local telephone service competition and the deployment of broadband services from telecommunications carriers and others.

Federal Communications Commission. Advisory Opinion 1999–23: Arkansas Title: Hamburg-Sued/Crowley Magalie Roman Salas, Bankers, Inc. PAC by Ken D. Cooperative Service Contract Secretary. Hammonds. Agreement [FR Doc. 99–26877 Filed 10–8–99; 4:58 pm] Advisory Opinion 1999–26: Virginia Parties: BILLING CODE 6712±01±M Taxpayers Party by counsel, Hamburg-Suedamerikanische William J. Olson. Dampfschifffahrts-gesellschaft Title 26: Draft Final Rules on Audit Eggert & Amsinck FEDERAL ELECTION COMMISSION Procedures, Primary and General Crowley American Transport, Inc. Election ‘‘Bright Line,’’ and Vice Synopsis: Under the proposed Sunshine Act Meeting Presidential Committees. agreement, Crowley is assigning its Coordination Rulemaking (continued rights under certain service contracts AGENCY: Federal Election Commission. from September 30, 1999). to Hamburg-Sued. Further, the PREVIOUSLY ANNOUNCED DATE & TIME: OGC Task Priority Recommendations. agreement authorizes the parties to Thursday, September 30, 1999, 10 a.m., Administrative Matters. jointly negotiate and execute service meeting open to the public. contracts, and amend their joint The following item was added to the PERSON TO CONTACT FOR INFORMATION: contracts. The agreement also agenda: Coordination Rulemaking. Mr. Ron Harris, Press Officer, contains non-compete provisions that DATE & TIME: Tuesday, October 19, 1999, Telephone: (202) 694–1220. are related to Hamburg-Sued’s 10 a.m. Mary W. Dove, imminent purchase of certain Crowley PLACE: 999 E Street, NW., Washington, Acting Secretary of the Commission. assets and services. The parties D.C. [FR Doc. 99–27026 Filed 10–12–99; 3:33 pm] request expedited review. STATUS: This meeting will be closed to BILLING CODE 6715±01±M Agreement No.: 203–011679 the public. Title: ASF/STC Agreement ITEMS TO BE DISCUSSED: Parties: Compliance matters pursuant to 2 Cosco Container Lines Ltd. U.S.C. 437g. FEDERAL MARITIME COMMISSION Evergreen Marine Corporation Hanjin Shipping Co., Ltd. Audits conducted pursuant to 2 U.S.C. Notice of Agreement(s) Filed 437g, 438(b), and Title 26, U.S.C. Hyundai Merchant Marine Co., Ltd. Matters concerning participation in civil Kawasaki Kisen Kaisha, Ltd. The Commission hereby gives notice Mitsui O.S.K. Lines, Ltd. actions or proceedings or of the filing of the following Nippon Yusen Kaisha, Ltd. arbitration. agreement(s) under the Shipping Act of Yang Ming Marine Transport Internal personnel rules and procedures 1984. Interested parties can review or Corporation or matters affecting a particular obtain copies of agreements at the Synopsis: The proposed cooperative employee. Washington, DC offices of the working agreement would authorize DATE & TIME: Thursday, October 21, 1999 Commission, 800 North Capitol Street, the parties to exchange information at 10 a.m. NW., Room 962. Interested parties may and to reach non-binding agreement PLACE: 999 E Street, NW., Washington, submit comments on an agreement to on both general issues and economic DC (ninth floor). the Secretary, Federal Maritime trends affecting the industry, the STATUS: This meeting will be open to the Commission, Washington, DC 20573, general level of rates and rate trends, public. within 10 days of the date this notice and membership in other agreements ITEMS TO BE DISCUSSED: appears in the Federal Register. and associations, all on a worldwide Correction and Approval of Minutes. Agreement No.: 203–011678 basis.

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Dated: October 8, 1999. Ocean Freight Forwarders—Ocean 225.41 of the Board’s Regulation Y (12 By Order of the Federal Maritime Transportation Intermediary Applicants CFR 225.41) to acquire a bank or bank Commission. S K Logistics, Inc., 1040 Sandy Ridge holding company. The factors that are Bryant L. VanBrakle, Road, Doylestown, PA 18901; Officer: considered in acting on the notices are Secretary. Paul J. McGrath, President (Qualifying set forth in paragraph 7 of the Act (12 [FR Doc. 99–26796 Filed 10–13–99; 8:45 am] Individual) U.S.C. 1817(j)(7)). The notices are available for BILLING CODE 6730±01±P Dated: October 8, 1999. immediate inspection at the Federal Bryant L. VanBrakle, Reserve Bank indicated. The notices FEDERAL MARITIME COMMISSION Secretary. also will be available for inspection at [FR Doc. 99–26798 Filed 10–13–99; 8:45 am] the offices of the Board of Governors. Ocean Transportation Intermediary BILLING CODE 6730±01±P Interested persons may express their License Applicants views in writing to the Reserve Bank indicated for that notice or to the offices Notice is hereby given that the FEDERAL MARITIME COMMISSION of the Board of Governors. Comments following applicants have filed with the [Docket No. 99±18] must be received not later than October Federal Maritime Commission 27, 1999. applications for licenses as Non-Vessel Stallion Cargo, Inc.ÐPossible A. Federal Reserve Bank of Chicago Operating Common Carrier and Ocean Violations of Sections 10(a)(1) and (Philip Jackson, Applications Officer) Freight Forwarder—Ocean 10(b)(1) of the Shipping Act of 1984; 230 South LaSalle Street, Chicago, Transportation Intermediaries pursuant Notice of Investigation Illinois 60690-1413: to section 19 of the Shipping Act of 1. Jeffrey Martin Dinklage, Wisner, 1984 as amended (46 U.S.C. app. 1718 Notice is given that the Commission, Nebraska; to acquire additional voting and 46 CFR part 515). on October 5, 1999, served an Order of shares of D & H Investments Persons knowing of any reason why Investigation and Hearing on Stallion Corporation, Cherokee, Iowa, and any of the following applicants should Cargo, Inc. (‘‘Stallion’’), a tariffed and thereby indirectly acquire Valley Bank & not receive a license are requested to bonded non-vessel operating common Trust, Cherokee, Iowa. carrier (‘‘NVOCC’’). The Order institutes contact the Office of Freight Forwarders, Board of Governors of the Federal Reserve Federal Maritime Commission, a formal investigation to determine System, October 7, 1999. Washington, DC 20573. whether Stallion violated sections Robert deV. Frierson, 10(a)(1) and 10(b)(1) of the Shipping Act Associate Secretary of the Board. Non-Vessel-Operating Common Carrier of 1984, 46 U.S.C. App. Sections Ocean Transportation Intermediary 1709(a)(1) and (b)(1), by knowingly and [FR Doc. 99–26746 Filed 10–13–99; 8:45 am] Applicants: willfully obtaining transportation at less BILLING CODE 6210±01±F DSM Freight, Inc., 280 SW 99 Terrace, than the rates and charges otherwise Pembroke Pines, FL 33025; Officers: applicable through misdescription of FEDERAL RESERVE SYSTEM Dawn Pierce, President (Qualifying the commodities actually shipped, and Individual) Leslie Alexander, Vice charging, demanding, collecting or Formations of, Acquisitions by, and President (Qualifying Individual) receiving less or different compensation Mergers of Bank Holding Companies Lukini Shipping Inc., Cargo Building 80, for the transportation of property than the rates and charges shown in its The companies listed in this notice Room 203, JFK International Airport, have applied to the Board for approval, Jamaica, NY 11430; Officers: Miriam NVOCC tariff. Should violations be found, the proceeding will determine pursuant to the Bank Holding Company Y. Chen, Director (Qualifying Act of 1956 (12 U.S.C. 1841 et seq.) Individual) whether to impose civil penalties, suspend Stallion’s tariff, suspend or (BHC Act), Regulation Y (12 CFR Part Marine Logistics Management, Inc., 398 revoke its license, and issue a cease and 225), and all other applicable statutes Mallard Lane, Weston, FL 33327; desist order. The full text of the Order and regulations to become a bank Officers: Clifford R. Johnson, may be viewed on the Commission’s holding company and/or to acquire the Treasurer (Qualifying Individual), home page at www.fmc.gov, or at the assets or the ownership of, control of, or John L. Sharko, President Office of the Secretary, Room 1046, 800 the power to vote shares of a bank or Maxx Express, Inc., 917 S. San Julian N. Capitol Street, NW, Washington, DC. bank holding company and all of the Street, Los Angeles, CA 90015; Any person may file a petition for leave banks and nonbanking companies Officer: Sang Ho Kim, President to intervene in accordance with 46 CFR owned by the bank holding company, (Qualifying Individual) 502.72. including the companies listed below. Ordis Sea Cargo, Inc., 2204 Landmeier Bryant L. VanBrakle, The applications listed below, as well Road, Elk Grove Village, IL 60007; as other related filings required by the Secretary. Officers: Rolando T. Nino, Vice Board, are available for immediate President of Operations (Qualifying [FR Doc. 99–26715 Filed 10–13–99; 8:45 am] inspection at the Federal Reserve Bank Individual), Isidoreo T. Santos, Jr., BILLING CODE 6730±01±P indicated. The application also will be President available for inspection at the offices of the Board of Governors. Interested Non-Vessel-Operating Common Carrier FEDERAL RESERVE SYSTEM persons may express their views in and Ocean Freight Forwarder writing on the standards enumerated in Transportation Intermediary Applicants Change in Bank Control Notices; Acquisitions of Shares of Banks or the BHC Act (12 U.S.C. 1842(c)). If the JDB International Inc., 780 Apex Road, Bank Holding Companies proposal also involves the acquisition of Sarasotal, FL 34240; Officers: Karen L. a nonbanking company, the review also Ambrosia, President (Qualifying The notificants listed below have includes whether the acquisition of the Individual), Richard Glanz, Vice applied under the Change in Bank nonbanking company complies with the President Control Act (12 U.S.C. 1817(j)) and § standards in section 4 of the BHC Act

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(12 U.S.C. 1843). Unless otherwise 1. The Employee Stock Ownership Dated: October 8, 1999. noted, nonbanking activities will be Plan and Trust of First Grayson Robert deV. Frierson, conducted throughout the United States. Bancshares, Inc., Celeste, Texas; to Associate Secretary of the Board. Unless otherwise noted, comments become a bank holding company by [FR Doc. 99–26878 Filed 10–8–99; 4:55 p.m.] regarding each of these applications acquiring 31 percent of the voting shares BILLING CODE 6210±01±P must be received at the Reserve Bank of First Grayson Bancshares, Inc., Waco, indicated or the offices of the Board of Texas, and thereby indirectly acquire Governors not later than November 5, Security Bank, Whitesboro, Texas. FEDERAL TRADE COMMISSION 1999. E. Federal Reserve Bank of San A. Federal Reserve Bank of Chicago Francisco (Maria Villanueva, Manager [File No. 982±3107] (Philip Jackson, Applications Officer) of Analytical Support, Consumer 230 South LaSalle Street, Chicago, Shell Oil Company, et al.; Analysis To Regulation Group) 101 Market Street, Aid Public Comment Illinois 60690-1413: San Francisco, California 94105-1579: 1. NorthStar Bancshares, Inc., AGENCY: Federal Trade Commission. Estherville, Iowa; to become a bank 1. Pacific Crest Capital, Inc., Agoura holding company by acquiring 100 Hills, California; to become a bank ACTION: Proposed consent agreement. holding company by acquiring 100 percent of the voting shares of NorthStar SUMMARY: The consent agreement in this Bank, Estherville, Iowa. percent of the voting shares of Pacific Crest Bank, Agoura Hills, California. matter settles alleged violations of B. Federal Reserve Bank of federal law prohibiting unfair or Minneapolis (JoAnne F. Lewellen, Board of Governors of the Federal Reserve deceptive acts or practices or unfair Assistant Vice President) 90 Hennepin System, October 7, 1999. methods of competition. The attached Avenue, P.O. Box 291, Minneapolis, Robert deV. Frierson, Analysis to Aid Public Comment Minnesota 55480-0291: Associate Secretary of the Board. describes both the allegations in the 1. State Bank of Cokato Employee [FR Doc. 99–26747 Filed 10–13–99; 8:45 am] draft complaint that accompanies the Stock Ownership Plan and Trust, and BILLING CODE 6210±01±F consent agreement and the terms of the State Bank of Cokato Employee Stock consent order—embodied in the consent Ownership Plan and Trust II, Cokato, agreement—that would settle these Minnesota; to become bank holding FEDERAL RESERVE SYSTEM allegations. companies by collectively acquiring DATES: Comments must be received on 49.94 percent of the voting shares of Sunshine Act Meeting or before December 13, 1999. Cokato Bancshares, Inc., Cokato, ADDRESSES: Comments should be Minnesota, and thereby indirectly AGENCY HOLDING THE MEETING: Board of acquire State Bank of Cokato, Cokato, directed to: FTC/Office of the Secretary, Governors of the Federal Reserve Room 159, 600 Pennsylvania, Ave., NW, Minnesota. System. C. Federal Reserve Bank of Kansas Washington, DC 20580. City (D. Michael Manies, Assistant Vice TIME AND DATE: 11:00 a.m., Monday, FOR FURTHER INFORMATION CONTACT: C. President) 925 Grand Avenue, Kansas October 18, 1999. Lee Peeler or Michael Dershowitz, FTC/ S–4002, 600 Pennsylvania, Ave., NW, City, Missouri 64198-0001: PLACE: Marriner S. Eccles Federal Washington, DC 20580. (202) 326–3090 1. Graff Family, Inc., McCook, Reserve Board Building, 20th and C or 326–3158. Nebraska; to become a bank holding Streets, NW, Washington, DC 20551. company by acquiring 80 percent of the SUPPLEMENTARY INFORMATION: Pursuant voting shares of McCook National STATUS: Closed. to section 6(f) of the Federal Trade Company, McCook, Nebraska; and MATTERS TO BE CONSIDERED: Commission Act, 38 Stat. 721, 15 U.S.C. thereby indirectly acquire McCook 46 and section 2.34 of the Commission’s National Bank, McCook, Nebraska. 1. Personnel actions (appointments, Rules of Practice (16 CFR 2.34), notice In connection with this application, promotions, assignments, is hereby given that the above-captioned Applicant also has applied to acquire reassignments, and salary actions) consent agreement containing a consent through McCook National Company, involving individual Federal Reserve order to cease and desist, having been McCook, Nebraska, an 18.75 percent System employees. filed with and accepted, subject to final equity interest in Maplewood 2. Any items carried forward from a approval, by the Commission, has been Apartments, L.L.C., McCook, Nebraska, previously announced meeting. placed on the public record for a period and thereby engage in community of sixty (60) days. The following CONTACT PERSON FOR MORE INFORMATION: development activities, pursuant to § Analysis to Aid Public Comment Lynn S. Fox, Assistant to the Board; 225.28(b)(12)(i) of Regulation Y. describes the terms of the consent 202–452–3204. McCook National Company has applied agreement, and the allegations in the to retain this interest. SUPPLEMENTARY INFORMATION: You may complaint. An electronic copy of the 2. Team Financial, Inc. ESOP; Team call 202–452–3206 beginning at full text of the consent agreement Financial, Inc.; and Team Financial approximately 5 p.m. two business days package can be obtained from the FTC Acquisition Subsidiary, Inc., all of before the meeting for a recorded Home Page (for September 15, 1999), on Paola, Kansas; to acquire 100 percent of announcement of bank and bank the World Wide Web, at ‘‘http:// the voting shares of ComBankshares, holding company applications www.ftc.gov/os/actions97.htm.’’ A Inc., Prairie Village, Kansas, and thereby scheduled for the meeting; or you may paper copy can be obtained from the indirectly acquire Community Bank, contact the Board’s Web site at http:// FTC Public Reference Room, Room H– Chapman, Kansas. www.federalreserve.gov for an 130, 600 Pennsylvania Avenue, NW, D. Federal Reserve Bank of Dallas electronic announcement that not only Washington, DC 20580, either in person (W. Arthur Tribble, Vice President) 2200 lists applications, but also indicates or by calling (202) 326–3627. North Pearl Street, Dallas, Texas 75201- procedural and other information about Public comment is invited. Comments 2272: the meeting. should be directed to: FTC/Office of the

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Secretary, Room 159, 600 Pennsylvania. to tests Shell conducted on its The purpose of this analysis is to Ave., NW, Washington, DC 20580. Two customer’s aftermarket fuel additive facilitate public comment on the paper copies of each comment should products which contained Shell’s proposed order. It is not intended to be filed, and should be accompanied, if additives, Shell made false or constitute an official interpretation of possible, by 31⁄2 inch diskette containing misleading representations that such the agreement and proposed order or to an electronic copy of the comment. test results (a) constitute scientific proof modify in any way their terms. Such comments or views will be that Shell gasoline additives and its By direction of the Commission. considered by the Commission and will customer’s products that contain Shell Benjamin I. Berman, be available for inspection and copying additives, significantly improve engine at its principal office in accordance with power and acceleration, and (b) Acting Secretary. section 4.9(b)(6)(ii) of the Commission’s constitute scientific proof that Shell [FR Doc. 99–26843 Filed 10–13–99; 8:45 am] Rules of Practice (16 CFR 4.9(b)(6)(ii)). gasoline additives, and its customers BILLING CODE 6750±01±M products that contain Shell additives, Analysis of Proposed Consent Order To Aid Public Comment are superior to other fuel system additives in improving engine power FEDERAL TRADE COMMISSION The Federal Trade Commission has and acceleration. [File No. 981 0030] accepted, subject to final approval, an The proposed consent order contains agreement containing a consent order provisions designed to prevent Ceridian Corporation; Analysis To Aid from respondents Shell Oil Company respondents from engaging in similar Public Comment and Shell Chemical Company acts and practices in the future. (collectively, ‘‘Shell’’). Part I of the proposed order prohibits AGENCY: Federal Trade Commission. The proposed consent order has been respondents claiming that any of their ACTION: Proposed consent agreement. placed on the public record for sixty fuel additive products or ingredients (60) days for reception of comments by improves power or acceleration, or is SUMMARY: The consent agreement in this interested persons. Comments received superior to other products in this regard, matter settles alleged violations of during this period will become part of unless the claim is substantiated by federal law prohibiting unfair or the public record. After sixty (60) days, competent and reliable scientific deceptive acts or practices or unfair the Commission will again review the evidence. It also requires respondents to methods of competition. The attached agreement and the comments received have substantiation for any Analysis to Aid Public Comment and will decide whether it should representation concerning the describes both the allegations in the withdraw from the agreement or make performance, benefits, efficacy, draft complaint that accompanies the final the agreement’s proposed order. attributes or use of any fuel additive consent agreement and the terms of the Shell has manufactured, tested, product or ingredient. consent order—embodied in the consent advertised, and sold gasoline additives Part II of the proposed order prohibits agreement—that would settle these to its trade customers for inclusion in respondents from misrepresenting the allegations. aftermarket fuel system treatment existence, contents, validity, results, DATES: Comments must be received on products that they, in turn, sold to the conclusion, or interpretations of any or before December 13, 1999. public. The Commission’s proposed test, study or research done on any fuel ADDRESSES: Comments should be complaint alleges that by providing its additive product or ingredient. directed to: FTC/Office of the Secretary, trade customers with allegedly Part III of the proposed order requires Room 159, 600 Pennsylvania Ave., NW, deceptive advertising and promotional respondents to mail copies of the Washington, DC 20580. materials, as well as with making Commission’s complaint and order to allegedly false or misleading FOR FURTHER INFORMATION CONTACT: each trade customer that purchased the Michael Moiseyev, FTC/S–2308, 600 representations to them about test data, fuel additive product or ingredient Shell provided the means and Pennsylvania Ave., NW, Washington, involved in this matter. DC 20580. (202) 326–2682. instrumentalities to its trade customers Part IV of the proposed order requires to deceive the public. The Commission’s respondents to maintain copies of all SUPPLEMENTARY INFORMATION: Pursuant proposed complaint alleges the Shell materials relied upon in making any to section 6(f) of the Federal Trade made unsubstantiated representations representation covered by this order. Commission Act, 38 Stat. 721, 15 U.S.C. that Shell gasoline additives Part V of the proposed order requires 46 and section 2.34 of the Commission’s significantly improve engine power and respondents to distribute copies of the Rules of Practice (16 CFR 2.34), notice acceleration in motor vehicles generally. order to its operating divisions and to is hereby given that the above-captioned The complaint also challenges as various officers, agents and employees consent agreement containing a consent unsubstantiated the representations that of respondents. order to cease and desist, having been Shell gasoline additives are superior to Part VI of the proposed order requires filed with and accepted subject to final other fuel system additives in improving respondents to notify the Commission of approval, by the Commission, has been engine power and acceleration. The any changes in corporate structure that placed on the public record for a period complaint also challenges as false or might affect compliance with the order. of sixty (60) days. The following misleading Shell’s representations that Part VII of the proposed order requires Analysis to Aid Public Comment scientific tests prove that Shell gasoline respondents to file with the Commission describes the terms of the consent additives (a) significantly improve one or more reports detailing agreement, and the allegations in the engine power and acceleration, and (b) compliance with the order. complaint. An electronic copy of the are superior to other fuel system Part VIII of the proposed order is a full text of the consent agreement treatments in improving engine power ‘‘sunset’’ provision, dictating that the package can be obtained from the FTC and acceleration. order will terminate twenty years from Home Page (for September 29, 1999), on Furthermore, the proposed complaint the date it is issued or twenty years after the World Wide Web, at ‘‘http:// alleges that in reporting test results to its a complaint is filed in federal court, by www.ftc.gov/os/actions97.htm.’’ A trade customers in regard to tests Shell either the United States or the FTC, paper copy can be obtained from the conducted on its additives and in regard alleging any violation of the order. FTC Public Reference Room, Room H–

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130, 600 Pennsylvania Avenue, NW, provision of fleet card services to over- desk automation systems that accept the Washington, DC 20580, either in person the-road trucking companies and the card. Similarly, demand for a fuel or by calling (202) 326–3627. market for truck stop fuel desk purchase desk automation system rises Public comment is invited. Comments automation systems. with the number of fleet cards that can should be directed to: FTC/Office of the use the system. Effective entry into Fleet Card Services for Over-the-Road Secretary, Room 159, 600 Pennsylvania, either market alleged in the complaint Trucking Companies Ave., NW, Washington, DC 20580. Two would be difficult, time consuming and paper copies of each comment should The services provided by fleet card unlikely to be successful without access be filed, and should be accompanied, if issuers are of critical importance to to a substantial portion of the other possible, by a 31⁄2 inch diskette over-the-road trucking companies. Fleet market. containing an electronic copy of the cards physically resemble traditional comment. Such comments or views will credit cards in that they are plastic Effects of the Acquisitions be considered by the Commission and laminated cards with embossed The acquisitions of NTS and Trendar will be available for inspection and numbers on the front and a magnetic resulted in Comdata’s having a copying at its principal office in stripe on the back. Fleet cards are dominant position in both the fleet card accordance with Section 4.9(b)(6)(ii) of similar to traditional credit cards in that services market and the fuel purchase the Commission’s Rules of Practice (26 they provide a means by which desk automation systems market. In CFR 4.9(b)(6)(ii)). cardholders can make purchases at addition, the acquisitions raised barriers retail locations that accept the card. to entry in both markets, because Analysis of Proposed Consent Order To Fleet cards issued on behalf of trucking effective entry into either market now Aid Public Comment companies provide additional services requires Comdata’s acquiescence. In the The Federal Trade Commission that go beyond the capabilities of absence of the two acquisitions, (‘‘Commission’’) has accepted, subject to traditional credit cards, allowing Comdata would have had strong public comment, an agreement trucking companies to control the type, incentives to ensure that its fleet card containing a proposed Consent Order volume and frequency of their drivers’ was accepted on as many fuel purchase from Ceridian Corporation (‘‘Ceridian’’), purchases, and capture important desk automation systems as possible, which is designed to remedy the information relating to the transactions, and Trendar would have maximized its anticompetitive effects resulting from such as drivers’ odometer readings and value by accepting as many fleet cards Ceridian’s acquisitions of NTS vehicle identification numbers. Because as possible, and Trendar would have Corporation and Trendar Corporation. of the specialized features of these fleet maximized its value by accepting as Under the terms of the agreement, cards, traditional credit cards and other many fleet cards as possible. With the Ceridian will grant licenses to providers types of fleet cards are not acceptable acquisitions, however, these incentives of truck stop fuel desk automation substitutes. Comdata is the largest became skewed: Comdata now must systems to process transactions provider of fleet card services to over- consider the impact on its Trendar originated by Ceridian’s fleet cards, and the-road trucking companies in the system of allowing a competing fuel will grant licenses to fleet card issuers United States. At the time Ceridian purchase desk automation system to to have their cards processed through acquired NTS, NTS and Comdata were process its card, and the impact on its Ceridian’s Trendar fuel desk automation substantial, actual competitors in that fleet card business of allowing a rival system. market. fleet card to be processed on the The proposed Consent Order has been Trendar system. placed on the public record for sixty Fuel Purchase Desk Automation The market for the provision of fleet (60) days for reception of comments by Systems card services for over-the-road trucking interested persons. Comments received Fuel purchase desk automation companies is highly concentrated. during this period will become part of systems are the means by which most Comdata controls the majority of that the public record. After sixty (60) days, truck stops process fleet card market and, with its acquisition of NTS, the Commission will again review the transactions. Fuel purchase desk is more than five times larger than its proposed Consent Order and the automation systems used by truck stops nearest competitor. At the time of its comments received, and will decide can process multiple card issuers’ fleet acquisition, NTS was Comdata’s closest whether it should withdraw from the cards with a single device, thereby competitor in the market for fleet card proposed Consent Order or make final minimizing the physical space truck services for over-the-road trucking the proposed Order. stops must allocate to point of sale companies. The market for fuel Pursuant to an asset exchange (‘‘POS’’) equipment and the training purchase desk automation systems is agreement executed in January, 1998, required for fuel purchase desk also highly concentrated. At the time of Ceridian, through its wholly owned attendants. Such systems report its acquisition by Comdata, Trendar was subsidiary Comdata Network, Inc. transactions data and other information the leading supplier of truck stop fuel (‘‘Comdata’’), acquired substantially all to the fleet card issuer, process the purchase desk automation systems in of the assets of NTS. In March, 1995, approval or rejections of requested the United States. Trendar remains the Comdata Holdings Corporation, a transactions, and interface with fueling nation’s leading supplier of truck stop subsidiary of Ceridian, acquired Trendar pumps. Comdata’s fuel purchase desk fuel purchase desk automation systems. Corporation. Because the price of automation system, Trendar, is the Ceridian’s acquisitions of NTS and Trendar was below $15 million, it was dominant means by which truck stops Trendar have given Comdata the power not reportable under the Hart-Scott- process fleet card transactions. to control new entry into, and Rodino Antitrust Improvements Act. Fleet cards and fuel purchase desk expansion by incumbent providers in, The proposed Complaint alleges that automation systems are complementary both the market for the provision of fleet these two acquisitions violated Section products, and both products exhibit card services to over-the-road trucking 7 of the Clayton Act, as amended, 15 strong network effects. Demand for a companies and the market for truck stop U.S.C. 18, and Section 5 of the Federal fleet card rises with the number of truck fuel purchase desk automation systems. Trade Commission Act, as amended, 15 stops that accept the card, which in turn By acquiring Trendar, Comdata gained U.S.C. 45, in the market for the depends on the number of fuel purchase control of the predominant means by

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Comdata therefore has the ability expand their presence in the two that are based on which fuel purchase to preclude or delay new entry into the markets. desk automation system the truck stop fleet card market, and to discipline or In order to remedy the concerns in the uses. disadvantage new entrants or incumbent fleet card services market, the Consent The Consent Order contains providers of fleet cards who seek to Order requires Comdata, for a period of additional provisions that are designed compete effectively with Comdata, by three years, to grant a ten-year license to to prevent the flow of confidential denying them access to Trendar’s POS effect transactions on the Trendar information obtained from Comdata’s system or by granting access only on system to any company providing, or competitors between Comdata’s fleet discriminatory terms. The investigation seeking to provide, fleet card services. card and fuel purchase desk automation revealed evidence that Comdata has The order requires Comdata to refer any system businesses. Under the Order, delayed or denied some fleet card requests for such a license to a third- Comdata is prohibited from providing competitors access to Trendar and party developer approved by the any non-public information obtained Comdata has increased the fees to other Commission, that will perform all from fuel purchase desk automation firms for Trendar access. Similarly, by programming or other services system providers to its Trendar acquiring NTS, Comdata enhanced its necessary to enable the licensee to business. Likewise, the Order prohibits control over the means by which over- process transactions on the Trendar Comdata from providing any non-public the-road trucking companies purchase system. Once such programming information obtained from fleet card fuel. services are completed by the third- issuers to its Comdata card business. In addition, both acquisitions party developer, Comdata is required to In order to ensure Comdata’s increased the difficulty of entry into the promptly disseminate the software to all compliance with the terms of the Order, fuel purchase desk automated system truck stops on the Trendar network. the Commission is allowed to appoint a market. Comdata can defend Trendar’s Comdata is further required to provide trustee to monitor any disputes, claims dominant position in that market by licensees with equal access to any or controversies arising under the Order. denying new entrants access to the fleet upgrades or modifications to the The order specifically permits the card protocols needed to process Trendar system, and is prohibited from monitor-trustee to prepare a report for Comdata and NTS cards, or by granting basing any transaction fees charged to the Commission relating to any failure access only on discriminatory terms. truck stops for processing the Comdata by Comdata to certify either a fuel The investigation revealed evidence that card, as well as access to the Comdata purchase desk automation system or a Comdata has sought to impede entry. card, on whether such truck stops new fleet card and any failure by the Given Comdata’s dominance in the fleet accept any other firm’s fleet cards. third-party developer to provide card market, truck stop operators are In order to remedy concerns in the programming and certification services unlikely to accept a POS system that fuel purchase desk automation systems to fleet card issuers in a timely manner. cannot process Comdata’s fleet cards. market, the Consent Order requires The trustee is also permitted, where Because of the complementary nature of Comdata, for a period of three years, to appropriate, to report to the the fleet card and fuel purchase desk grant a ten-year license to all incumbent Commission regarding Ceridian’s suppliers of fuel purchase desk automation systems products, a new compliance with the Order. entrant that is unable to secure access to automation systems, and to the first The purpose of this analysis is to three new system providers that request Comdata’s products would have to enter facilitate public comment on the a license. The license awarded to new both markets simultaneously. Such proposed Order, and it is not intended system providers shall be transferable, entry would be time consuming and to constitute an official interpretation of ensuring that if a better positioned costly, and is much less likely to be the agreement and proposed Order or to entrant emerges in the future, it will be successful. modify their terms in any way. able to acquire a license. The Proposed Consent Order In order to qualify for a license, new By direction of the Commission. While litigation with a goal of forcing system providers must meet certain Benjamin I. Berman, the divestiture of NTS and Trendar was established criteria. Under the Consent Acting Secretary. an alternative considered by the Order, Comdata is required to promptly [FR Doc. 99–26845 Filed 10–13–99; 8:45 am] Commission, the proposed Consent provide all licensees with all BILLING CODE 6750±01±M Order effectively remedies the information or assistance necessary to competitive effects of the two enable the licensee to effect Comdata acquisitions without the delay and card transactions in a manner FEDERAL TRADE COMMISSION expenditure of resources that would be comparable to the way in which those incurred with litigation. The proposed transactions are processed on the [File No. 982 3046] Consent Order requires Ceridian to grant Trendar system. The Order permits Conopco, Inc; Analysis To Aid Public fleet card issuers access to Comdata’s Comdata to certify that a licensee’s Comment Trendar fuel purchase desk automation system is capable of processing Comdata system, and to grant fuel purchase desk card transactions using criteria set forth AGENCY: Federal Trade Commission. automation systems suppliers the right in the Consent Order, and, if Comdata ACTION: Proposed consent agreement. to process Comdata’s fleet cards. While denies such certification, it must access to the Trendar network and the provide a compete enumeration for the SUMMARY: The consent agreement in this NTS card could also have been reasons for such denial. The Order matter settles alleged violations of accomplished through divestiture, the further requires Comdata to grant federal law prohibiting unfair or Commission concluded that divestiture licensees complete and equal access to deceptive acts or practices or unfair was not necessary to resolve the all Comdata card functions, upgrades methods of competition. The attached competitive concerns raised by the two and new developments. Finally, the Analysis to Aid Public Comment transactions, in part because numerous Order provides that Comdata may not describes both the allegations in the firms have indicated that they intend to discriminate against any supplier of fuel draft complaint that accompanies the take advantage of the terms of the purchase desk automation systems by consent agreement and the terms of the

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After sixty (60) substantiate claims covered by the directed to: FTC/Office of the Secretary, days, the Commission will again review order; to provide a copy of the consent Room 159, 600 Pennsylvania Ave., NW, the agreement and any comments agreement to all employees or Washington, DC 20580. received and will decide whether it representatives with duties affecting should withdraw from the agreement FOR FURTHER INFORMATION CONTACT: compliance with the terms of the order; and take other appropriate action or Linda Badger, Kerry O’Brien or Matthew to notify the Commission of any changes make final the agreement’s proposed Gold, Federal Trade Commission, in corporate structure that might affect order. Western Regional Office, 901 Market St., compliance with the order; and to file This matter has focused on Conopco’s one or more reports detailing Suite 570, San Francisco, CA 94103. advertisements for Vaseline Brand (415) 356–5270. compliance with the order. Intensive Care Antibacterial Hand The purpose of this analysis is to SUPPLEMENTARY INFORMATION: Pursuant Lotion (‘‘VOCAL’’). The Commission’s facilitate public comment on the to section 6(f) of the Federal Trade complaint challenges claims made in proposed order, and it is not intended Commission Act, 38 Stat. 721, 15 U.S.C. television, print, and product label to constitute an official interpretation of 46 and section 2.34 of the Commission’s advertisements. Specifically, the the agreement and proposed order, or to Rules of Practice (16 CFR 2.34), notice complaint alleges that Conopco lacked modify in any way their terms. is hereby given that the above-captioned substantiation for its claims that VICAL: consent agreement containing a consent (1) Stops germs on hands longer than By direction of the Commission. order to cease and desist, having been washing alone; (2) Provides continuous Benjamin I. Berman, filed with and accepted, subject to final protection from germs for hours; and (3) Acting Secretary. approval, by the Commission, has been Is effective against disease-causing [FR Doc. 99–26844 Filed 10–13–99; 8:45 am] placed on the public record for a period germs, such as cold and flu viruses. BILLING CODE 6750±01±M of sixty (60) days. The following According to the complaint, while Analysis to Aid Public Comment VICAL can reduce the number of germs describes the terms of the consent on a user’s hands, the degree and DEPARTMENT OF HEALTH AND agreement, and the allegations in the duration of germ protection have not HUMAN SERVICES complaint. An electronic copy of the been scientifically established. Also, full text of the consent agreement according to the complaint, VICAL has Statement of Organization, Functions package can be obtained from the FTC not been proven effective against many and Delegations of Authority; Program Home Page (for September 15, 1999), on disease-causing germs, including cold Support Center the World Wide Web, at ‘‘htt;:// and flu viruses, which are the cause of www.ftc.gov/os/actions97.htm.’’ A the most common diseases suffered by Part P (Program Support Center) of the paper copy can be obtained from the consumers. Statement of Organization, Functions FTC Public Reference Room, Room H– The proposed consent order contains and Delegations of Authority for the 130, 600 Pennsylvania Avenue, NW, provisions designed to remedy the Department of Health and Human Washington, DC 20580, either in person violations charged and to prevent the Services (HHS), (60 FR 51480, October or by calling (202) 326–3627. respondent from engaging in similar 2, 1995 as amended most recently at 64 Public comment is invited. Comments acts and practices in the future. Part I of FR 34809, June 29, 1999) is amended to should be directed to: FTC/Office of the the proposed order would require that reflect changes in Chapter PA within Secretary, Room 159, 600 Pennsylvania Conopco possess and rely upon Part P, Program Support Center (PSC), Ave., NW, Washington, DC 20580. Two competent and reliable scientific HHS. The PSC is reorganizing to paper copies of each comment should evidence for any claim that VICAL or consolidate and streamline functions be filed, and should be accompanied, if any other antimicrobial product: (1) Is within the Office of the Director. The possible, by a 31⁄2 inch diskette as effective as, or is more effective than, Office of Management Operations is containing an electronic copy of the washing alone in protecting users being abolished and its functions are comment. Such comments or views will against germs; (2) has a continuous being realigned within the Office of be considered by the Commission and effect against germs; (3) has any effect Marketing, the Office of Budget and will be available for inspection and on any specific germ; and (4) treats, Management (formerly the Office of copying at its principal office in cures, alleviates the symptoms of, Budget and Finance), and the accordance with section 4.9(b)(6)(ii) of prevents, or reduces the risk of Immediate Office of the Director. developing any disease or disorder, the Commission’s Rules of Practice (16 Program Support Center CFR 4.9(b)(6)(ii)). such as colds, allergies, influenza, or food-borne illnesses. As set out in Part Under Part P, Section P–20, Analysis of Proposed Consent Order To III of the proposed order, Part I will not Functions, change the following: Aid Public Comment apply to any product sold or distributed Under Chapter PA, Office of the The Federal Trade Commission has to consumers by third parties under Director (PA), retitle the Office of Budget accepted an agreement, subject to final private labeling agreements with and Finance (PA2) as the Office of approval, to a proposed consent order Conopco provided, Conopco does not Budget and Management (PAB). Add from Conopco, Inc. (‘‘Conopco’’). participate in any manner in the the following new items after item (10): Through its numerous divisions, such as funding, preparation or dissemination of ‘‘(11) Develops, coordinates, and Unilever Home & Personal Care USA, the product’s advertising. implements policies, standards, and Conopco manufactures and markets a Part II of the proposed order contains procedures governing the large line of home and personal care language permitting Conopco to make administration of the PSC delegations of products. drug claims that have been approved by authority; (12) Develops, coordinates,

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.125 pfrm04 PsN: 14OCN1 55732 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices and implements policies, standards, and DEPARTMENT OF HEALTH AND defects (NTDs) and the beneficial role procedures governing the establishment HUMAN SERVICES folic acid, a B vitamin, plays in the and maintenance of effective prevention of NTDs. Studies show that organizational structures and functional Centers for Disease Control and a 50 to 70 percent reduction in the risk alignments within the PSC; (13) Prevention of neural tube birth defects is possible Administers the Standard [30DAY±03±00] if all women capable of becoming Administrative Code (SAC) system for pregnant consume 400 micrograms of the PSC; (14) Monitors, evaluates, and Agency Forms Undergoing Paperwork folic acid daily both prior to and during controls the preparation of PSC Reduction Act Review early pregnancy. responses and proposed HHS responses CDC and the March of Dimes Birth The Centers for Disease Control and to PSC-related OIG reports (including Defects Foundation developed health Prevention (CDC) publishes a list of internal reviews, analyses and communication media messages and information collection requests under inspections, and investigations); and educational materials targeted to health (15) Coordinates the implementation of review by the Office of Management and Budget (OMB) in compliance with the care providers, as well as to English and the Government Performance and Spanish-speaking women. These media Results Act within the PSC.’’ Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these messages and educational materials Under the heading, Office of requests, call the CDC Reports Clearance consist of television and radio public Marketing (PAC) (formerly PA3) add the Officer at (404) 639–7090. Send written service announcements (PSA), following new items after item (4): ‘‘(5) comments to CDC, Desk Officer; Human brochures and resource manuals. Coordinates and implements HHS Resources and Housing Branch, New Information about women’s exposure policies and procedures regarding the Executive Office Building, Room 10235; to media messages and educational Privacy Act of 1974, Freedom of Washington, DC 20503. Written materials on folic acid information will Information Act, and the Paperwork comments should be received within 30 be collected and measured to determine Reduction Act of 1995 for the PSC; and days of this notice. whether these exposures influenced the (6) Coordinates the PSC-wide policy and women’s knowledge and usage of folic procedures system utilizing the PSC Proposed Project acid. Data will be collected via Intranet.’’ 1. An Evaluation of Targeted Health telephone interviews. The number and Delete the title and functional Communication Messages: Folic Acid frequency of women’s exposures to the statement for the Office of Management and Neural Tube Defects—NEW— media messages such as television and Operations (PA5) in its entirety. National Center for Environmental radio PSAs will be collected from media Dated: October 1, 1999. Health (NCEH). The Division of Birth channels and compared to information Defects and Pediatric Genetics, National collected from survey data, National Lynnda M. Regan, Center for Environmental Health, CDC, Council on Folic Acid organizations and Director, Program Support Center. launched a national education campaign the National Clearinghouse on Folic [FR Doc. 99–26718 Filed 10–13–99; 8:45 am] in January 1999 to increase women’s Acid activities. The total annual burden BILLING CODE 4168±17±M knowledge about neural tube birth hours are 534.

Number of re- Average bur- Respondents Number of responses/reden/response spondents spondent (in hours)

Targeted Market for the Folic Acid Messages ...... 2,000 1 .33

Nancy Cheal, Disease Registry (ATSDR) announce the radiation or to potential hazards from non- Acting Associate Director for Policy Planning following meeting. nuclear energy production use. HHS and Evaluation, Centers for Disease Control delegated program responsibility to CDC. Name: Citizens Advisory Committee on and Prevention. In addition, a memo was signed in October Public Health Service Activities and 1990 and renewed in November 1992 [FR Doc. 99–26786 Filed 10–13–99; 8:45 am] Research at DOE Sites: Savannah River Site between ATSDR and DOE. The MOU BILLING CODE 4163±18±P Health Effects Subcommittee (SRSHES). delineates the responsibilities and Times and Dates: 8:30 a.m.–5 p.m., procedures for ATSDR’s public health November 4, 1999. 8:30 a.m.–12 noon, activities at DOE sites required under DEPARTMENT OF HEALTH AND November 5, 1999. sections 104, 105, 107, and 120 of the HUMAN SERVICES Place: Holiday Inn Oceanfront, One South Comprehensive Environmental Response, Forest Beach Drive, Hilton Head, South Compensation, and Liability Act (CERCLA or Centers for Disease Control and Carolina 29928, telephone 843/785–5126, fax ‘‘Superfund’’). These activities include health Prevention 843/785–7753. consultations and public health assessments Status: Open to the public, limited only by at DOE sites listed on, or proposed for, the Citizens Advisory Committee on Public the space available. The meeting room Superfund National Priorities List and at Health Service Activities and Research accommodates approximately 100 people. sites that are the subject of petitions from the Background: Under a Memorandum of at Department of Energy (DOE) Sites: public; and other health-related activities Understanding (MOU) signed in December such as epidemiologic studies, health Savannah River Site Health Effects 1990 with DOE and replaced by an MOU surveillance, exposure and disease registries, Subcommittee signed in 1996, the Department of Health and health education, substance-specific applied Human Services (HHS) was given the In accordance with section 10(a)(2) of research, emergency response, and responsibility and resources for conducting preparation of toxicological profiles. the Federal Advisory Committee Act analytic epidemiologic investigations of Purpose: This subcommittee is charged (Pub. L. 92–463), the Centers for Disease residents of communities in the vicinity of with providing advice and recommendations Control and Prevention (CDC) and the DOE facilities, workers at DOE facilities, and to the Director, CDC, and the Administrator, Agency for Toxic Substances and other persons potentially exposed to ATSDR, regarding community, American

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Indian Tribes, and labor concerns pertaining Dated: October 6, 1999. identified project objective(s). Project to CDC’s and ATSDR’s public health Carolyn J. Russell, objectives are listed on an Objective activities and research at this DOE site. The Director, Management Analysis and Services Work Plan (OWP) which is approved purpose of this meeting is to provide a forum Office Centers for Disease Control and and funded for each grant. An enclosure for community, American Indian Tribal, and Prevention. with every grant award provides labor interaction, and serve as a vehicle for [FR Doc. 99–26785 Filed 10–13–99; 8:45 am] instructions on completing and communities, American Indian Tribes, and BILLING CODE 4163±18±P submitting the OER. labor to express concerns and provide advice Native American Program Specialists to CDC and ATSDR. use the OER information to perform Matters To Be Discussed: Agenda items DEPARTMENT OF HEALTH AND legislatively required Federal program include presentations on community HUMAN SERVICES communications, the Production Workers oversight such as evaluate project and Medical Monitoring Program, a Administration for Children and grantee performance, identify project subcommittee discussion of the consolidated Families outcomes suitable for use in program Risk Assessment Corporation dose evaluation and Government reconstruction report draft review, a report Proposed Information Collection Performance and Results Act (GPRA) from the Membership Working Group, and Activity; Comment Request Proposed analysis, and to identify grantees and the brief report on the progress of the Project projects that require more detailed Evaluation Working Group. Federal training and/or technical Title: Objective Evaluation Report Additional agenda items include assistance. OERs are used in ANA presentations from the National Center for (OER). competitive grant programs such as OMB No.: 0980–0144. Social and Economic Development Environmental Health (NCEH), the National Description: OER information is Institute for Occupational Safety and Health Strategies (SEDS), Native American collection to provide the Administration (NIOSH), and ATSDR on updates regarding Languages Preservation, Environmental for Native Americans with a final report the progress of current studies. Regulatory Enhancement, etc. All agenda items are subject to change as on each discretionary grant project to meet ANA’s legislatively required The Administration for Native priorities dictate. Americans simplified the way OER Contact Person for Additional Information: evaluation of grantee locally-determined grant objectives. This collection also information is collected. Until June Paul G. Renard, Radiation Studies Branch, 1999, OERs were transcribed onto a Division of Environmental Hazards and complies with Department of Health and Human Services regulations and government designed form where every Health Effects, NCEH, CDC, 4770 Buford project objective was listed; grantees Highway, NE, M/S F–35, Atlanta, Georgia policies requiring grantees to submit often worked to fill in space under each 30341–3724, telephone 770–488–7040, fax progress reports and agencies to perform 770–488–7044. grant oversight. objective to accommodate the volume of The Director, Management Analysis and The information is collected in a information they believed was required. Services Office, has been delegated the narrative format without the use of a Grantees now use their letterhead and authority to sign Federal Register notices government form. Grantees provide self- present the level of detail they deem pertaining to announcements of meetings and evaluation information to explain the appropriate. other committee management activities, for final status and accomplishments Respondents: State, Local or Tribal both CDC and ATSDR. related to each funded, grantee- Government.

ANNUAL BURDEN ESTIMATES

Number of re- Average bur- Instrument Number of responses per den hours per Total burden spondents respondent response hours

Objective Evaluation Report (OER): ...... 250 1 2 500 Estimated Total Annual Burden Hours: 500.

In compliance with the requirements collection of information is necessary Dated: October 5, 1999. of Section 3506(c)(2)(A) of the for the proper performance of the Bob Sargis, Paperwork Reduction Act of 1995, the functions of the agency, including Acting Reports Clearance Officer. Administration for Children and whether the information shall have [FR Doc. 99–26726 Filed 10–12–99; 8:45 am] Families is soliciting public comment practical utility; (b) the accuracy of the BILLING CODE 4184±01±M on the specific aspects of the agency’s estimate of the burden of the information collection described above. proposed collection of information; (c) Copies of the proposed collection of the quality, utility, and clarity of the DEPARTMENT OF HEALTH AND information can be obtained and information to be collected; and (d) HUMAN SERVICES comments may be forwarded by writing ways to minimize the burden of the Administration for Children and to the Administration for Children and collection of information on Families Families, Office of Information Services, respondents, including through the use 370 L’Enfant promenade, SW, of automated collection techniques or Washington, DC 20447, Attn: ACF Proposed Information Collection other forms of information technology. Activity; Comment Request Proposed Reports Clearance Officer. All requests Consideration will be given to should be identified by the title of the Project comments and suggestions submitted information collection. within 60 days of this publication. Title: Objective Progress Report The Department specifically requests (OPR). comments on: (a) Whether the proposed OMB No.: 0980–0155.

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Description: OPR information is on an Objective Work Plan (OWP) Strategies (SEDS), Native American collected to provide the Administration which is approved and funded for each Languages Preservation, Environmental for Native Americans with grant. An enclosure with every grant Regulatory Enhancement, etc. programmatic progress reports on award provides instructions on The Administration for Native discretionary grant projects to meet completing and submitting the OPR. Americans simplified the way OPR ANA’s legislatively required evaluation Native American Program Specialists information is collected. Until June of grantee locally-determined grant use the OPR information to perform objectives. This collection also complies legislatively required Federal program 1999, OPRs were transcribed onto a with Department of Health and Human oversight such as evaluate project and government designed form where every Services regulations and policies grantee performance, identify project project objective was listed; grantees requiring grantees to submit progress outcomes suitable for use in program often worked to fill in space under each reports and agencies to perform grant evaluation and Government objective to accommodate the volume of oversight. Performance and Results Act (GPRA) information they believed was required. The information is collected in a analysis, and to identify grantees and Grantees now use their letterhead and narrative format without the use of a projects that require more detailed present the level of detail they deem government form. Grantees compose a Federal training and/or technical appropriate. narrative explaining the status of the assistance. OPRs are used in ANA Respondents: State, Local or Tribal funded, grantee-identified project competitive grant programs such as Government. objective(s). Project objectives are listed Social and Economic Development

ANNUAL BURDEN ESTIMATES

Number of re- Average bur- Instrument Number of responses per den hours per Total burden spondents respondent response hours

Objective Progress Report (OPR): ...... 300.0 2.0 1.5 900.0 Estimated Total Annual Burden Hours: 900.

In compliance with the requirements Dated: October 7, 1999. evaluations supporting the basis for of Section 3506(c)(2)(A) of the Bob Sargis, recommendations to award or not award Paperwork Reduction Act of 1995, the Acting Reports Clearance Officer. ANA grants. After funding, the OWP is Administration for Children and [FR Doc. 99–26727 Filed 10–13–99; 8:45 am] used to reflect funded objectives and to Families is soliciting public comment BILLING CODE 4184±01±M administer and monitor ANA grants. on the specific aspects of the OWP information presents the grant information collection described above. applicants’ locally-determined project Copies of the proposed collection of DEPARTMENT OF HEALTH AND objectives and plan to achieve those information can be obtained and HUMAN SERVICES objectives. Economic development comments may be forwarded by writing projects may attach a business plan. to the Administration for Children and Administration for Children and OWP information is presented as Families, Office of Information Services, Families narrative and transcribed onto a 370 L’Enfant Promenade, SW, government form titled, ‘‘ANA Objective Proposed Information Collection Washington, DC 20447, Attn: ACF Work Plan’’. In the past, ANA used two Activity; Comment Request Reports Clearance Officer. All requests forms to collect the program narrative; should be identified by the title of the Proposed Project i.e., ‘‘Program Narrative Objective Work information collection. Plan’’ and ‘‘Program Narrative The Department specifically requests Title: Program Narrative Objective Approach.’’ The new, single form comments on: (a) Whether the proposed Work Plan (OWP). combines the two old forms and collection of information is necessary OMB No.: 0980–0204. eliminates some information items. for the proper performance of the Description: Program Narrative (OWP) functions of the agency, including information is collected as part of a Instructions for completing the OWP whether the information shall have competitive, discretionary grant are provided in the ‘‘Administration for practical utility; (b) the accuracy of the application submitted to the Native Americans Application Packet agency’s estimate of the burden of the Administration for Native Americans for Financial Assistance.’’ Instructions proposed collection of information; (c) (ANA). Included with the OWP are for compiling a complete application are the quality, utility, and clarity of the standard, government-wide Federal provided in the packet. The OWP and information to be collected; and (d) assistance application forms (e.g., SF– instruction packet are used in all ANA ways to minimize the burden of the 424, 424A, 424B, Non-Constructions competitive discretionary grant collection of information on Assurances, and various OMB programs such as Social and Economic respondents, including through the use certifications). The OWP provides Development Strategies (SEDS), Native of automated collection techniques or information used by legislatively American Languages Preservation, other forms of information technology. mandated project evaluation panels to Environmental Regulatory Consideration will be given to compete and rank applications. ANA Enhancement, etc. comments and suggestions submitted uses the OWP information to perform Respondents: State, Local or Tribal within 60 days of this publication. legislatively mandated project Government.

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ANNUAL BURDEN ESTIMATES

Number of re- Average bur- Instrument Number of responses per den hours per Total burden spondents respondent response hours

Program Narrative Objective Work Plan (OWP): ...... 650 1 28 18,200 Estimated Total Annual Burden Hours: 18,200.

In compliance with the requirements entitled ‘‘Intraocular Lens Guidance This draft guidance also provides the of Section 3506(c)(2)(A) of the Document.’’ This draft guidance is not basic principles that should be applied Paperwork Reduction Act of 1995, the final nor is it in effect at this time. This in the conduct of a clinical study for Administration for Children and draft guidance describes preclinical and new or modified intraocular lenses. Families is soliciting public comment clinical requirements that may be used Earlier revisions of this draft guidance on the specific aspects of the in support of investigational device have been discussed in numerous information collection described above. exemptions, premarket approval forums since April of 1997, and Copies of the proposed collection of applications, and product development industry, clinicians, and other information can be obtained and protocols. This draft guidance describes interested parties have participated. comments may be forwarded by writing for industry and FDA reviewers the type These forums have included at least to the Administration for Children and of information needed to support three Ophthalmic Device Panel Families, Office of Information Services, investigational and marketing meetings at which this draft guidance, 370 L’Enfant Promenade, SW, applications for intraocular lenses. or parts of the guidance, have been Washington, DC 20447, Attn: ACF DATES: Written comments concerning discussed. These Panel discussions Reports Clearance Officer. All requests this guidance must be received by began before 1997, and most recently should be identified by the title of the January 12, 2000. they occurred in October 1997. Both information collection. ADDRESSES: Submit written requests for written and verbal comments have been The Department specifically requests single copies on a 3.5′′ diskette of the received and discussed thoroughly in comments on: (a) Whether the proposed draft guidance entitled ‘‘Intraocular these forums. collection of information is necessary Lens Guidance Document’’ to the Although this draft guidance, to a for the proper performance of the Division of Small Manufacturers large extent, describes review elements functions of the agency, including Assistance (HFZ–220), Center for that have been in existence since almost whether the information shall have Devices and Radiological Health, Food the inception of FDA’s review of practical utility; (b) the accuracy of the and Drug Administration, 1350 Piccard intraocular lenses, it has been refined agency’s estimate of the burden of the Dr., Rockville, MD 20850. Send two self- and improved through the interactive proposed collection of information; (c) addressed adhesive labels to assist that discussions with the industry, the quality, utility, and clarity of the office in processing your request, or fax clinicians, panel members, and other information to be collected; and (d) your request to 301–443–8818. Written interested parties. FDA has made ways to minimize the burden of the comments concerning this draft available to all interested parties a collection of information on guidance must be submitted to the summary of all written comments respondents, including through the use Dockets Management Branch (HFA– received, and on each version of the of automated collection techniques or 305), Food and Drug Administration, guidance FDA has noted the changes other forms of information technology. 5630 Fishers Lane, rm. 1061, Rockville, from the previous version. This Consideration will be given to MD 20852. Comments should be information is available for this most comments and suggestion submitted identified with the docket number recent release and for previous within 60 days of this publication. found in the brackets in the heading of revisions. Interested persons may obtain Dated: October 7, 1999. this document. See the this information through the contact Bob Sargis, SUPPLEMENTARY INFORMATION person at the address and phone Acting Reports Clearance Officer. section for information on electronic number given above. [FR Doc. 99–26728 Filed 10–13–99; 8:45 am] access to this draft guidance. II. Significance of Guidance BILLING CODE 4184±01±M FOR FURTHER INFORMATION CONTACT: Donna R. Lochner, Center for Devices This draft guidance document and Radiological Health (HFZ–463), represents the agency’s current thinking DEPARTMENT OF HEALTH AND Food and Drug Administration, 9200 on submissions for intraocular lenses. It HUMAN SERVICES Corporate Blvd., Rockville, MD 20850, does not create or confer any rights for 301–594–2053. or on any person and does not operate Food and Drug Administration SUPPLEMENTARY INFORMATION: to bind FDA or the public. An [Docket No. 99D±4054] alternative approach may be used if I. Background such approach satisfies the Draft Guidance for Industry on FDA is announcing the availability of requirements of the applicable statute, Intraocular Lens; Availability a draft guidance entitled ‘‘Intracular regulations, or both. AGENCY: Food and Drug Administration, Lens Guidance Document.’’ This draft The agency has adopted Good HHS. guidance provides detailed information Guidance Practices (GGP’s), which set ACTION: Notice. about the type of preclinical testing forth the agency’s policies and needed to support both a clinical procedures for the development, SUMMARY: The Food and Drug investigation and marketing issuance, and use of guidance Administration (FDA) is announcing the applications for new intraocular lenses documents (62 FR 8961, February 27, availability of the draft guidance and modifications to intraocular lenses. 1997). This guidance document is

VerDate 12-OCT-99 16:34 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.XXX pfrm02 PsN: 14OCN1 55736 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices issued as a Level 1 guidance consistent DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: with GGP’s. HUMAN SERVICES Charles N. Durfor, Center for Devices and Radiological Health (HFZ–410), III. Electronic Access Food and Drug Administration Food and Drug Administration, 9200 In order to receive the ‘‘Intraocular [Docket No. 99D±4052] Corporate Blvd., Rockville, MD 20850, Lens Guidance Document’’ via your fax 301–594–3090. machine, call the CDRH Facts–On– Medical Devices; Draft Guidance for SUPPLEMENTARY INFORMATION: Demand (FOD) system at 800–899–0381 the Preparation of a Premarket Notification Application for Processed I. Background or 301–827–0111 from a touch-tone Human Dura Mater; Availability telephone. At the first voice prompt Processed human dura mater was in commercial distribution before the press 1 to access DSMA Facts, at second AGENCY: Food and Drug Administration, enactment of the 1976 Medical Device voice prompt press 2, and then enter the HHS. Amendments to the Federal Food, Drug, document number (834) followed by the ACTION: Notice. and Cosmetic Act. While a classification pound sign (#). Then follow the SUMMARY: recommendation was discussed at the remaining voice prompts to complete The Food and Drug Administration (FDA) is announcing the February 2, 1990, meeting of the your request. availability of a draft guidance entitled Neurological Devices Advisory Panel, Persons interested in obtaining a copy ‘‘Guidance for the Preparation of a product classification was not finalized. of the guidance may also do so using the Premarket Notification Application for In March 1997, the World Health World Wide Web (WWW). The Center Processed Human Dura Mater.’’ This Organization (WHO) recommended for Devices and Radiological Health draft guidance document discusses (based on concerns of Creutzfeldt Jakob (CDRH) maintains an entry on the issues that should be addressed in a Disease (CJD) transmission that WWW for easy access to information, premarket notification (510(k)) processed human dura mater no longer including text, graphics, and files that application submitted to establish the be used, especially in neurosurgery, may be downloaded to a personal substantial equivalence of a proposed unless no alternative was available. At computer with access to the WWW. processed human dura mater device to the same time, the Japanese Health and Updated on a regular basis, the CDRH other similar products in commercial Welfare Ministry banned the use of Home Page includes the ‘‘Intraocular distribution. This draft guidance processed human dura mater in brain Lens Guidance Document,’’ device document also provides a brief surgery in Japan. safety alerts, Federal Register reprints, background on processed human dura Because FDA established safeguards information on premarket submissions mater regulation. It is intended to and guidelines in 1990 to minimize the possibility of CJD transmission by (including lists of approved applications replace the guidance document ‘‘Guide for 510(k) Review of Processed Human processed human dura mater and manufacturers’ addresses), small Dura Mater’’ dated June 26, 1990. This implantation, and because there were no manufacturers’ assistance, information guidance incorporates recommendations confirmed cases of CJD transmission on video conferencing and electronic from the October 6, 1997, and April 16, related to the use of processed human submissions, mammography matters, 1998, meetings of the FDA dura mater in the United States as of and other device-oriented information. Transmissible Spongiform March 1997, FDA did not restrict the The CDRH home page may be accessed Encephalopathies Advisory Committee distribution of processed human dura at ‘‘http://www.fda.gov/cdrh’’. The (FDA TSE Advisory Committee), which mater in the United States. However, the ‘‘Intraocular Lens Guidance Document’’ discussed the manufacture and clinical decision was made to hold public will be available at ‘‘http:// use of processed human dura mater meetings of the FDA TSE Advisory www.fda.gov/cdrh/ode/iol- products. Committee to reevaluate the safety of guidance.pds’’. DATES: Written comments concerning processed human dura mater grafts with respect to surgical use and CJD IV. Comments this draft guidance must be submitted by January 12, 2000. transmission. Interested persons may, on or before ADDRESSES: See the SUPPLEMENTARY On October 6, 1997, the FDA TSE January 12, 2000, submit to Dockets INFORMATION section for information Advisory Committee met to consider Management Branch (address above) on electronic access to the draft information provided by FDA, industry, written comments regarding this draft guidance. Submit written requests for CDC, National Institutes of Health ′′ guidance. Two copies of any comments single copies on a 3.5 diskette of the (NIH), the neurology medical are to be submitted, except that draft guidance document entitled community, and other internationally individuals may submit one copy. ‘‘Guidance for the Preparation of a recognized experts concerning the clinical benefits and risks of CJD Comments are to be identified with the Premarket Notification Application for transmission associated with processed docket number found in brackets in the Processed Human Dura Mater’’ to the Division of Small Manufacturers human dura mater grafts. At the heading of this document. The draft Assistance (HFZ–220), Center for conclusion of this meeting, the guidance and received comments may Devices and Radiological Health, Food committee recommended unanimously be seen in the Dockets Management and Drug Administration, 1350 Piccard that neurosurgeons should avoid the use Branch between 9 a.m. and 4 p.m., Dr., Rockville, MD 20850. Send two self- of processed human dura mater Monday through Friday. addressed adhesive labels to assist that whenever possible. The committee Dated: September 29, 1999. office in processing your request, or fax concluded, however, that the final Linda S. Kahan, your request to 301–443–8818. decision to use processed human dura Submit written comments on the draft mater should be left to the discretion of Deputy Director for Regulations Policy, Center for Devices and Radiological Health. guidance to the Dockets Management the treating neurosurgeon, as long as the Branch, (HFA–305), Food and Drug human dura mater is procured and [FR Doc. 99–26719 Filed 10–13–99; 8:45 am] Administration, 5630 Fishers Lane, rm. processed following certain safety BILLING CODE 4160±01±F 1061, Rockville, MD 20852. measures.

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To improve the safety of processed follow the remaining voice prompts to Paperwork Reduction Act of 1995, the human dura mater, and based upon the complete your request. Health Care Financing Administration committee’s recommendations, on Persons interested in obtaining a copy (HCFA), Department of Health and March 6, 1998, FDA sent letters to of the draft guidance may also do so Human Services, is publishing the providers of processed human dura using the World Wide Web (WWW). following summary of proposed mater requesting that they implement CDRH maintains an entry on the WWW collections for public comment. specific measures that may be beyond for easy access to information including Interested persons are invited to send their standard operating procedures. On text, graphics, and files that may be comments regarding this burden April 16, 1998, FDA presented to the downloaded to a personal computer estimate or any other aspect of this FDA TSE Advisory Committee proposed with access to the web. Updated on a collection of information, including any revisions to the committee regular basis, the CDRH home page of the following subjects: (1) The recommendations from the October 6, includes ‘‘Guidance for the Preparation necessity and utility of the proposed 1997, meeting. These revisions took into of a Premarket Notification Application information collection for the proper consideration the responses from the for Processed Human Dura Mater,’’ performance of the agency’s functions; processed human dura mater suppliers device safety alerts, Federal Register (2) the accuracy of the estimated to the FDA letter of March 6, 1998. This reprints, information on premarket burden; (3) ways to enhance the quality, guidance was prepared to replace the submissions (including lists of approved utility, and clarity of the information to existing FDA guidance ‘‘Guide for applications and manufacturers’ be collected; and (4) the use of 510(k) Review of Processed Human addresses), small manufacturers’ automated collection techniques or Dura Mater’’ dated June 26, 1990, and to assistance, information on video other forms of information technology to incorporate the recommendations conferencing and electronic minimize the information collection received from the FDA TSE Advisory submissions, Mammography Matters, burden. Committee and the responses from and other device-oriented information. Type of Information Collection manufacturers. The CDRH home page may be accessed Request: Extension of a currently approved collection; Title of II. Significance of Guidance at http://www.fda.gov/cdrh. The ‘‘Guidance for the Preparation of a Information Collection: The Adjusted This draft guidance document Premarket Notification Application for Community Rate Proposal (ACRP) M+C represents the agency’s current thinking Process Human Dura Mater’’ will be Plan Benefit Package and Supporting on the preparation of a premarket available at http://www.fda.gov/cdrh/ Regulations in 42 CFR 417.401, 422.1– notification for processed human dura ode/054.pdf. .10, 422.50–.80, 422.100–.132, 422.300– mater. It does not create or confer any .312, 422.400–.404, and 422.560–.622; rights for or on any person and does not IV. Comments Form No.: HCFA–R–0262 (OMB #0938– operate to bind FDA or the public. An Interested persons may submit to the 0763); Use: The plan year 2000 pilot alternative approach may be used if Dockets Management Branch (address collection effort will be used to verify such approach satisfies the applicable above) written comments regarding this that the information collection statute, regulations, or both. draft guidance. Two copies of any instrument will produce the data HCFA The agency has adopted Good comments are to be submitted, except needs to approve M+C plans in the Guidance Practices (GGP’s), which set individuals may submit one copy. future. Respondents include any M+C forth the agency’s policies and Comments should be identified with the organization that intends to offer an procedures for the development, docket number found in brackets in the M+C plan in calendar year 2000. issuance, and use of guidance heading of this document. A copy of the This collection will also allow the documents (62 FR 8961, February 27, draft guidance and received comments Agency to provide a totally automated 1997). This draft guidance document is are available for public examination in submission and review capability, issued as a Level 1 guidance consistent the Dockets Management Branch replace text with data format, establish with GGP’s. Public comment prior to between 9 a.m. and 4 p.m., Monday a standard set of benefit descriptions/ implementation of this guidance through Friday. definitions, provide a framework to document is not required because the describe benefits, reduce variation in guidance is needed to address a Dated: September 21, 1999. benefit descriptions, collect benefit significant public health issue. Linda S. Kahan, information and Medicare Compare data However, the agency did solicit input Deputy Director for Regulations Policy, Center with a single instrument, and eliminate from the FDA TSE Advisory Committee for Devices and Radiological Health. the need to validate Medicare Compare and processed human dura mater [FR Doc. 99–26720 Filed 10–13–99; 8:45 am] data.; Frequency: Annual; Affected suppliers provided comments on FDA’s BILLING CODE 4160±01±F Public: Business or other for-profit, and approach in response to FDA’s March 6, Not-for-profit institution.; Number of 1998, letter. Respondents: 300; Total Annual DEPARTMENT OF HEALTH AND Responses: 300; Total Annual Hours: III. Electronic Access HUMAN SERVICES 600. In order to receive the ‘‘Guidance for To obtain copies of the supporting the Preparation of a Premarket Health Care Financing Administration statement and any related forms for the Notification Application for Processed [Document Identifier: HCFA±R±0262] proposed paperwork collections Human Dura Mater’’ via your fax referenced above, access HCFA’s Web machine, call the CDRH Facts–On– Agency Information Collection Site address at http://www.hcfa.gov/ Demand (FOD) system at 800–899–0381 Activities: Proposed Collection; regs/prdact95.htm, or E-mail your or 301–827–0111 from a touch tone Comment Request request, including your address, phone telephone. At the first voice prompt AGENCY: Health Care Financing number, OMB number, and HCFA press 1 to access DSMA Facts, at the Administration. document identifier, to second voice prompt press 2, and then [email protected], or call the Reports enter the document number (054) In compliance with the requirement Clearance Office on (410) 786–1326. followed by the pound sign(#). Then of section 3506(c)(2)(A) of the Written comments and

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.031 pfrm04 PsN: 14OCN1 55738 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices recommendations for the proposed Boulevard C4–14–17, Baltimore, • Reports from the CPAC information collections must be mailed Maryland 21244–1850, (410) 786–6451. subcommittees. • within 60 days of this notice directly to SUPPLEMENTARY INFORMATION: Section A review of the current the HCFA Paperwork Clearance Officer implementation schedules. 4011 of the Balanced Budget Act of 1997 • designated at the following address: (BBA) (Public Law 105–33), requires the A discussion of the evaluation of HCFA, Office of Information Services, Secretary of the Department of Health the competitive pricing demonstration. Security and Standards Group, Division and Human Services (the Secretary) to Individuals or organizations that wish of HCFA Enterprise Standards; establish a demonstration project under to make 5-minute oral presentations on Attention: Julie Brown, Room N2–15– which payments to Medicare+Choice the agenda issues should contact the 27, 7500 Security Boulevard, Baltimore, organizations in designated areas are Executive Director, by 12 noon, October Maryland 21244–1850 determined in accordance with a 26, 1999, to be scheduled. The number of oral presentations may be limited by Dated: October 5, 1999. competitive pricing methodology. Section 4012(a) of the BBA requires the the time available. A written copy of the John Parmigiani, oral remarks should be submitted to the HCFA Reports Clearance Officer, HCFA Office Secretary to appoint a Competitive Pricing Advisory Committee (the CPAC) Executive Director, no later than 12 of Information Services, Security and noon, October 27, 1999. Anyone who is Standards Group, Division of HCFA to meet periodically and make Enterprise Standards. recommendations to the Secretary not scheduled to speak may submit written comments to the Executive [FR Doc. 99–26829 Filed 10–13–99; 8:45 am] concerning the designation of areas for inclusion in the project and appropriate Director, by 12 noon, October 27, 1999. BILLING CODE 4120±03±P This meeting is open to the public, research design for implementing the but attendance is limited to the space project. The CPAC has previously met available. DEPARTMENT OF HEALTH AND on May 7, 1998, June 24 and 25, 1998, HUMAN SERVICES September 23 and 24, 1998, October 28, (Section 4012 of the Balanced Budget Act of 1998, January 6, 1999, May 13, 1999, 1997, Public Law 105–33 (42 U.S.C.1395w– Health Care Financing Administration July 22, 1999, and September 16, 1999. 23 note) and section 10(a) of Public Law 92– The CPAC consists of 15 individuals 463 (5 U.S.C. App.2, section 10(a)) [HCFA±1092±N] who are independent actuaries, experts (Catalog of Federal Domestic Assistance in competitive pricing and the Program No. 93.773, Medicare—Hospital Medicare Program; October 29, 1999, Insurance; and Program No. 93.774, administration of the Federal Employees Medicare—Supplementary Medical Meeting of the Competitive Pricing Health Benefit Program, and Insurance Program) Advisory Committee representatives of health plans, insurers, Dated: October 7, 1999. employers, unions, and beneficiaries. AGENCY: Health Care Financing Michael M. Hash, The CPAC members are: James Cubbin, Administration (HCFA), HHS. Executive Director, General Motors Deputy Administrator, Health Care Financing Administration. ACTION: Notice of meeting. Health Care Initiative; Robert Berenson, M.D., Director, Center for Health Plans [FR Doc. 99–26751 Filed 10–13–99; 8:45 am] SUMMARY: In accordance with section BILLING CODE 4120±01±P 10(a) of the Federal Advisory Committee and Providers, HCFA; John Bertko, Act, this notice announces a meeting of Actuary Principal, Reden & Anders Ltd.; the Competitive Pricing Advisory David Durenberger, Vice President, DEPARTMENT OF HEALTH AND Committee (the CPAC) on October 29, Public Policy Partners; Gary Goldstein, HUMAN SERVICES 1999. The Balanced Budget Act of 1997 M.D., Samuel Havens, Healthcare (BBA) requires the Secretary of the Consultant; Margaret Jordan, Healthcare Health Care Financing Administration Consultant; Chip Kahn, President, The Department of Health and Human [HCFA±3023±N] Services (the Secretary) to establish a Health Insurance Association of America; Cleve Killingsworth, President demonstration project under which Medicare Program; Meeting of the and CEO, Health Alliance Plan; Nancy payments to Medicare+Choice Laboratory and Diagnostic Services Kichak, Director, Office of Actuaries, organizations in designated areas are Panel of the Medicare Coverage Office of Personnel Management; Len determined in accordance with a Advisory CommitteeÐNovember 15 Nichols, Principal Research Associate, competitive pricing methodology. The and 16, 1999 BBA requires the Secretary to create the The Urban Institute; Robert Reischauer, CPAC to make recommendations on Senior Fellow, The Brookings Institute; AGENCY: Health Care Financing demonstration area designation and John Rother, Director, Legislation and Administration (HCFA), HHS. appropriate research designs for the Public Policy, American Association of ACTION: Notice of meeting. project. The CPAC meetings are open to Retired Persons; Andrew Stern, SUMMARY: This notice announces a the public. President, Service Employees International Union, AFL–CIO; and Jay meeting of the Laboratory and DATES: The meeting is scheduled to Wolfson, Director, The Florida Diagnostic Services Panel (the Panel) of meet on October 29, 1999, from 10 a.m. Information Center, University of South the Medicare Coverage Advisory until 4 p.m., e.d.s.t. Florida. The chairperson is James Committee. The Panel will discuss ADDRESSES: The meeting will be held at Cubbin and the co-chairperson is Robert presentations from interested persons the Marriott Wardman Park Hotel, 2660 Berenson, M.D. In accordance with regarding human tumor assay systems. Woodley Road, NW, Washington, DC section 4012(a)(5) of the BBA, the CPAC This meeting is open to the public and 20008. will terminate on December 31, 2004. complies with the Federal Advisory FOR FURTHER INFORMATION CONTACT: The agenda for the October 29, 1999, Committee Act (5 U.S.C. App. 2, section Sharon Arnold, Ph.D., Executive meeting will include the following: 10(a)(1) and (a)(2)). Director, Competitive Pricing Advisory • A discussion on the status of the DATES: The Meeting: November 15, 1999 Committee, Health Care Financing Kansas City and Phoenix Area Advisory from 8 a.m. to 4 p.m. and on November Administration, 7500 Security Committee activities. 16, 1999, from 8 a.m. to 12 noon, E.S.T.

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Deadline for Presentation section of this notice: a brief statement Reduction Act of 1995, for opportunity Submissions: November 1, 1999. of the general nature of the evidence or for public comment on proposed Deadline for Submission of Final arguments you wish to present, the information collection projects, the Comments: November 30, 1999. names and addresses of proposed Indian Health Service (IHS) has ADDRESSES: The Meeting: The meeting participants, and an estimate of the time submitted to the Office of Management will be held at the Sheraton Inner required to make the presentation. We and Budget (OMB) a request to review Harbor at 300 South Charles Street, will request that you declare at the and approve the information collection Baltimore, MD 21201. meeting whether or not you have any listed below. This proposed information Presentations and Comments: Submit financial involvement with collection project was published in the written presentations and comments to manufacturers of any items or services March 30, 1999, Federal Register (64 FR Katherine Tillman, Executive Secretary; being discussed (or with their 15169) and allowed 60 days for public Office of Clinical Standards and competitors). comment. No public comment was Quality, Health Care Financing After the public presentation on Day received in response to the notice. The Administration, 7500 Security 1 of the meeting, we will make a purpose of this notice is to allow 30 Boulevard, Mail Stop S3–02–01, presentation to the Panel. After our days for public comment to be Baltimore, MD 21244. presentation, the Panel will deliberate submitted to OMB. openly on the topic. Interested persons FOR FURTHER INFORMATION CONTACT: Proposed Collection Katherine Tillman, Executive Secretary, may observe the deliberations, but the (410) 786–9252. Panel will not hear further comments Title: 09–17–0014, ‘‘Indian Health during this time except at the request of SUPPLEMENTARY INFORMATION: We have Service Loan Repayment Program.’’ the chairperson. At the end of the Panel established the Medicare Coverage Type of Information Collection Request: deliberations, the Panel will allow a 30- Advisory Committee (MCAC) to provide Extension of a currently approved minute open public session for any advice and recommendations to us collection that expires November 30, attendee to address issues specific to the about clinical coverage issues. The 1999. Form Number: No reporting forms topic. MCAC is composed of an Executive required. Need and Use of Information Committee and six panels, each Submission of Final Comments Collection: The IHS Loan Repayment containing members with expertise in Program (LRP) identifies health Interested persons not scheduled to professionals with pre-existing financial one or more of the following fields: make an oral presentation, unable to clinical and administrative medicine, obligations for educational expenses attend the meeting, or wishing to make that meet program criteria and who are biologic and physical sciences, public further remarks, may submit written health administration, health care data qualified and willing to serve at IHS comments to the Executive Secretary by health care facilities that are often and information management and the Deadline for Submission of Final analysis, the economics of health care, remote. Under the program, eligible Comments in the DATES section of this health professionals sign a contract medical ethics, and other related notice. professions. Each panel is composed of under which the IHS agrees to repay a chairperson, voting members, a HCFA Home Page part or all of their indebtedness for professional training education. In nonvoting consumer representative, and You may access detailed information a nonvoting industry representative. exchange, the health professionals agree regarding the agenda and schedule of to serve for a specified period of time in Current Members of the Panel presentations on our home page IHS health care facilities. Eligible health www.hcfa.gov/quality/8b.htm the day professionals who wish to apply must John H. Ferguson, M.D. (Chairperson); after the Deadline for Presentation Robert L. Murray, Ph.D.; David N. submit an application to participate in Submissions in the DATES section of this the program. The application requests Sundwall, M.D.; George G. Klee, M.D., notice. Ph.D.; Paul D. Mintz, M.D.; Richard J. personal, demographic and educational Hausner, M.D.; Mary E. Kass, M.D.; E. Authority: 5 U.S.C. App. 2, section 10(a)(1) training information, including Conyers O’Bryan, M.D.; Cheryl J. Kraft, and (a)(2). information on the educational loans of M.S.; Neysa R. Simmers, M.B.A.; John (Catalog of Federal Domestic Assistance the individual for whom repayment is J.S. Brooks, M.D.; Paul M. Fischer, M.D.; Program No. 93.774, Medicare— being requested (i.e., date, amount, Supplementary Medical Insurance Program) Kathyrn A. Snow, M.H.A.; James (Rod) account number, purpose of each loan, Barnes, M.B.A. Dated: October 6, 1999. interest rate, the current balance, etc.). Jeffrey L. Kang, The data collected is needed and used Topic of the Meeting Director, Office of Clinical Standards and to evaluate applicant eligibility, to rank The Panel will discuss presentations Quality, Health Care Financing and prioritize applicants by specialty, to from interested persons regarding Administration. assign applicants to IHS health care human tumor assay systems. [FR Doc. 99–26752 Filed 10–13–99; 8:45 am] facilities, to determine payment BILLING CODE 4120±01±P amounts and schedules for paying the Procedure and Agenda lending institutes, and to provide data On day 1 of the meeting, the Panel and statistics for program management will hear oral presentations from the DEPARTMENT OF HEALTH AND review and analysis. Affected Public: public for approximately 3 hours and 15 HUMAN SERVICES Individual and households. Type of minutes. The Panel may limit the Respondents: Individuals. Table 1 number and duration of oral Indian Health Service below provides the following types of presentations to the time available. If Request for Public Comment: 30-Day; data collection instruments, estimated you wish to make a presentation during Proposed Collection: Indian Health number of respondents, number of one of these sessions, you must submit Service Loan Repayment Program responses per respondent, annual the following to the Executive Secretary number of responses, average burden before the Deadline for Presentation Summary: In compliance with Section hour per response, and total annual Submissions date listed in the DATES 3507(a)(1)(D) of the Paperwork burden hour.

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TABLE 1.ÐESTIMATED BURDEN HOURS

Estimated Average burden Data collection instrument number of re- Response per hours per re- Total annual spondents respondent sponse * burden hrs.

Section I ...... 350 1 0.25 (15 min.) ... 87.5 Section II ...... 350 1 0.50 (30 min.) ... 175.0 Section III ...... 350 4 0.25 (15 min) .... 350.0 Contract ...... 350 1 0.33 (20 min) .... 116.0 Affidavit ...... 350 1 0.17 (min) ...... 58.5 Lender's Certificate ...... 1,400 ...... 0.25 ...... 350.0

Total ...... 1,750 ...... 1,137 * For ease of understanding, burden hours are also provided in actual minutes.

There are no capital costs, operating received on or before November 15, Subject; city, state Effective date costs and/or maintenance costs to 1999. report. Dated: October 7, 1999. ACANOVSKI, MARY; NEW YORK, NY ...... 10/20/1999 Request for Comments Michael H. Trujillo, ACANOVSKI, NEGAT; NEW Assistant Surgeon General, Director. Your written comments and/or YORK, NY ...... 10/20/1999 [FR Doc. 99–26805 Filed 10–13–99; 8:45 am] AGUILAR, JAIME; NEW suggestions are invited on one or more BILLING CODE 4160±16±M YORK, NY ...... 10/20/1999 of the following points: (a) Whether the AGUILAR, CARLOS; NEW information collection activity is YORK, NY ...... 10/20/1999 necessary to carry out an agency DEPARTMENT OF HEALTH AND AGUILAR PHARMACY; function; (b) whether the IHS processes HUMAN SERVICES NEW YORK, NY ...... 10/20/1999 the information collected in a useful ARBORWAY MANOR, INC; and timely fashion; (c) the accuracy of Office of Inspector General HYDE PARK, MA ...... 10/20/1999 the public burden estimate (the BENITEZ, PEDRO R; KEY Program Exclusions: September 1999 BISCAYNE, FL ...... 10/20/1999 estimated amount of time needed for CANTOR, LEON; BOCA individual respondents to provide the AGENCY: Office of Inspector General, RATON, NY ...... 10/20/1999 requested information); (d) whether the HHS. CESTARI, ROBERT; ROCK- methodology and assumptions used to VILLE CENTRE, NY ...... 10/20/1999 ACTION: Notice of program exclusions. determine the estimate are logical; (e) COHEN, EDWIN CHARLES; ways to enhance the quality, utility, and During the month of September 1999, PHOENIX, AZ ...... 10/20/1999 clarity of the information being the HHS Office of Inspector General COSTA, NORA MARIA; MIAMI, FL ...... 10/20/1999 collected; and (f) ways to minimize the imposed exclusions in the cases set public burden through the use of CULVER, DIANA A; BONITA forth below. When an exclusion is SPRINGS, FL ...... 10/20/1999 automated, electronic, mechanical, or imposed, no program payment is made CUNI, EDUARDO MIGUEL; other technological collection to anyone for any items or services MIAMI, FL ...... 10/20/1999 techniques or other forms of information (other than an emergency item or D'ANTIGNAC, CHARLOTTE; technology. service not provided in a hospital W LONG BRANCH, NJ .... 10/20/1999 DEPIETRO, THOMAS J; Direct Comments to OMB emergency room) furnished, ordered or prescribed by an excluded party under SCRANTON, PA ...... 10/20/1999 Send your written comments and the Medicare, Medicaid, and all Federal EMERY RETIREMENT & suggestions regarding the proposed CONVALESCENT; HYDE Health Care programs. In addition, no PARK, MA ...... 10/20/1999 information collection contained in this program payment is made to any ETTINGER, MARTIN; notice, especially regarding the business or facility, e.g., a hospital, that BOYNTON BEACH, FL .... 10/20/1999 estimated public burden and associated submits bills for payment for items or FLORES, CAROLINE HAG- response time, to: Office of Management services provided by an excluded party. GARD; BRYAND, TX ...... 10/20/1999 and Budget, Office of Regulatory Affairs, Program beneficiaries remain free to HOBGOOD, LAURA; NEW New Executive Office Building, Room decide for themselves whether they will YORK, NY ...... 10/20/1999 10235, Washington, DC 20503, continue to use the services of an HY, SETHA; LONG BEACH, Attention: Desk Officer for IHS. excluded party even though no program CA ...... 10/20/1999 JACKSON, FRANK D; To request more information on the payments will be made for items and ROXBURY, MA ...... 10/20/1999 proposed collection or to obtain a copy services provided by that excluded JACKSON, MARGO VAL- of the data collection instrument(s) and/ party. The exclusions have national ERIE; COLORADO or instruction(s), contact: Mr. Lance effect and also apply to all Executive SPRNGS, CO ...... 10/20/1999 Hodahkwen, Sr., M.P.H., IHS Reports Branch procurement and non- JACOBS, ELLYN; OVER- Clearance Officer, 12300 Twinbrook procurement programs and activities. LAND PARK, KS ...... 10/20/1999 Parkway, Suite 450, Rockville, MD KENSINGER, JACK W; 20852–1601, or call non-toll free (301) Subject; city, state Effective date MIAMI BEACH, FL ...... 10/20/1999 and return address to: KRONE, JACKI NADOHL; PROGRAM-RELATED CONVICTIONS TAMPA, FL ...... 10/20/1999 [email protected]. LAU, DORIS MARIA; AN- Comment Due Date: Comments A±1 TRANSPORTATION CHORAGE, AK ...... 10/20/1999 regarding this information collection are SERVICES; MILWAUKEE, LEIMKUHLER, NIKKI LYNN; best assured of having their full effect if WI ...... 10/20/1999 PUEBLO, CO ...... 10/20/1999

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Subject; city, state Effective date Subject; city, state Effective date Subject; city, state Effective date

LENT, LAWRENCE; FLEISCHMAN, EDWARD; CORDONE, DIANE; NOR- VERSAILLES, MO ...... 10/20/1999 MOUNT HOLLY, NJ ...... 10/20/1999 WALK, CT ...... 10/20/1999 LIPSEY, PHILLIP C; OX- FOSTER, LYNETTE; CRAIG, CAROL ELAINE; FORD, WI ...... 10/20/1999 CLEVELAND, OH ...... 10/20/1999 BERKELEY, CA ...... 10/20/1999 MAHER, MARK A; HYDE GARCIA, MARTHA; CLEVE- CRANE, DONALD P; JO- PARK, MA ...... 10/20/1999 LAND, OH ...... 10/20/1999 LIET, IL ...... 10/20/1999 MOHEBBAN, FARHAD; GARCIA, PEDRO NANEZ; CUDWORTH, GEOFFREY; ROSLYN, NY ...... 10/20/1999 PLAINVIEW, TX ...... 10/20/1999 W HARTFORD, CT ...... 10/20/1999 MULLEN, JOHN; MAN- HALPRIN, ARTHUR DAEM, SUSAN DOTSON; CHESTER, NH ...... 10/20/1999 HENRY; WHEAT RIDGE, TEMPLETON, CA ...... 10/20/1999 NECESSARY, GILBERT; CO ...... 10/20/1999 DAIGLE, EDMOND L; POUND, VA ...... 10/20/1999 HICKS, SANDRA; CORPUS DOVER, NH ...... 10/20/1999 OLIVA, JESUS A; MIAMI, FL 10/20/1999 CHRISTI, TX ...... 10/20/1999 DARBY, RICARDO LEE; PARROT, CHARLES M; JACKSON, ELIZABETH D; SAN BERNARDINO, CA .. 10/20/1999 NEW LONDON, CT ...... 10/20/1999 ANDERSON, SC ...... 10/20/1999 DARNELL, TYLER J; AN- PARZIALE, JEFFREY; TUC- KEHOE, MAUREEN T; CHORAGE, AK ...... 10/20/1999 SON, AZ ...... 05/21/1999 BEREA, OH ...... 10/20/1999 DELANEY, DARRELL PERRY, NATHANIEL; O'BRIEN, LINDSAY MARIE; GENE; VIDOR, TX ...... 10/20/1999 WAUPAN, WI ...... 10/20/1999 LEAVENWORTH, WA ...... 10/20/1999 DESHAZO, BARRY MAR- PITTS, JOHN F; SCRAN- OKUWOBI, ANTHONIA A; TINEZ; VIRGINIA BEACH, TON, PA ...... 10/20/1999 PAWTUCKET, RI ...... 10/20/1999 VA ...... 10/20/1999 RAINEY, ALICE BOSLEY; PHILLIPS, KAREN DENISE; DOUZE, JOSEPH; GREEN WALLS, MS ...... 10/20/1999 BATON ROUGE, LA ...... 10/20/1999 ACRES, FL ...... 10/20/1999 RICCA, FRANCIS MARTIN; PORTZ, MYRIAM; EMIGH, KELLY L; TYRONE, NEW YORK, NY ...... 10/20/1999 DACONO, CO ...... 10/20/1999 PA ...... 10/20/1999 ROARK, DENNIS EDWARD; RIGGINS, REESE; LITTLE- FALCONER, LYNNE; CAMP JARRATT, VA ...... 10/20/1999 TON, CO ...... 10/20/1999 VERDE, AZ ...... 10/20/1999 ROKHSAR, BENJAMIN; RINEY, DEBORAH A; LIT- FLYNN, BRIAN P; MAN- FOREST HILLS, NY ...... 10/20/1999 TLE ROCK, AR ...... 10/20/1999 CHESTER, NH ...... 10/20/1999 SMITH, CHARLIE FRANK VINET, EMILIE VALDARY; FOSTER, RICHARD; JR; GRAY, TN ...... 10/20/1999 NEW ORLEANS, LA ...... 10/20/1999 WETHERSFIELD, CT ...... 10/20/1999 STERLING, LATONYA; WALKER, ANNETTE; FREDERICK, GAIL; GREEN- BATON ROUGE, LA ...... 10/20/1999 SHREVEPORT, LA ...... 10/20/1999 WICH, CT ...... 10/20/1999 STUART, DENNIS C; BUF- WHARMBY, SHARON L; GARBISO, CHRISTOPHER FALO, NY ...... 10/20/1999 CANTON, OH ...... 10/20/1999 ALAN; LOMPOC, CA ...... 10/20/1999 TRIANA, NICHOLAS J; WHARTON, LAURA CHRIS- GEBICKI, SUZANNE C; BRUNSWICK, OH ...... 10/20/1999 TINE; ROMANCE, AR ...... 10/20/1999 LIGONIER, PA ...... 10/20/1999 VIZCON, LOURDES; MON- GOMEZ, LINDA MARIE; TICELLO, FL ...... 10/20/1999 CONVICTION FOR HEALTH CARE FRAUD WICHITA FALLS, TX ...... 10/20/1999 WHITENER, BETTY LOU; GONZALEZ, GLORIA; FORT OAK RIDGE, LA ...... 10/20/1999 HARPER, PATRICIA JAN- COLLINS, CO ...... 10/20/1999 WHITNEY, CHARLES LES- ICE; ASHEVILLE, NC ...... 10/20/1999 GORDON, YOLANDA C; LIE II; ORANGE, CA ...... 10/20/1999 LEE, DONNIA; ROCH- WASHINGTON, DC ...... 10/20/1999 ESTER, NY ...... 10/20/1999 GRAY, PETER J; DOVER, FELONY CONVICTION FOR HEALTH CARE NH ...... 10/20/1999 FRAUD LICENSE REVOCATION/SUSPENSION/ GRAY, DANA SUE; RIVER- SURRENDERED SIDE, CA ...... 10/20/1999 KECK, ERIC C; FORT DIX, GRIMES, VICKI L; NJ ...... 10/20/1999 ALFONSO, BONITA K; TRA- CRESTED BUTTE, CO .... 10/20/1999 MAFDALI, DAVID; N MIAMI VERSE CITY, MI ...... 10/20/1999 GUPTA, RAMESH K; TROY, BEACH, FL ...... 10/20/1999 BARRY, LISA R NIEBLING; MI ...... 10/20/1999 MORANO, RALPH; MONT- VALLEY STREAM, NY ..... 10/20/1999 HALL, CATHALEN; RICH- GOMERY, PA ...... 10/20/1999 BENNEDY, EDWARD R; ARDS, TX ...... 10/20/1999 WOOD, JAMES DEREK; CORTLAND, NY ...... 10/20/1999 HALL, TERRI MICHELLE; GLENSIDE, PA ...... 10/20/1999 BERARD, ROBERT RO- OXNARD, CA ...... 10/20/1999 LAND; SANTA CRUZ, CA 10/20/1999 HAMPTON, ROBYN B; FELONY CONTROL SUBSTANCE BOLDEN, JAMES D; FAIR- RICHMOND, VA ...... 10/20/1999 CONVICTION BANKS, AK ...... 10/20/1999 HARKINS, JILL; BRIDGE- BOSBONIS, MICHAEL PAT- PORT, CT ...... 10/20/1999 ABRAMSON, DOROTHY V; RICK; IRVINE, CA ...... 10/20/1999 HARRINGTON, PENNY YORK, PA ...... 10/20/1999 BROUGHMAN, JOHN WIL- MERROW; LIAM; FAIRFAX, VA ...... 10/20/1999 BENNINGTON, VT ...... 10/20/1999 PATIENT ABUSE/NEGLECT CONVICTIONS BUTTI, THOMAS A; AT- HASAN, ISA; NORTHVILLE, TICA, NY ...... 10/20/1999 MI ...... 10/20/1999 ARRUDA, STACY H; CARROLL-WALSH, ROBIN HASSELL, MARCUS; FOR- DERRY, NH ...... 10/20/1999 L; YPSILANTI, MI ...... 10/20/1999 ESTVILLE, CT ...... 10/20/1999 BUFFINGTON, MICHAEL L; CARTER, DESWEDA R; HEIDEL, JERRY L; NORTHRIDGE, CA ...... 10/20/1999 COLORADO SPNGS, CO 10/20/1999 MIDLOTHIAN, VA ...... 10/20/1999 COLLINS, PANDORA; CHRISTOPHER, PAMELA HENSON, TERRY ARLENE; JACKSON, MS ...... 10/20/1999 CATES; ROANOKE, VA ... 10/20/1999 LUMERTON, TX ...... 10/20/1999 DEMERSE, JAN EDMUND; CLARK, CHAFFONDA; HOFFMAN, LINDA; AMSTERDAM, NY ...... 10/20/1999 WOONSOCKET, RI ...... 10/20/1999 CARRINGTON, ND ...... 10/20/1999 ELLIS, TERESA D; COLMAN, VICTORIA LEE; HUSTON, EDWARD E; NEWBERRY, SC ...... 10/20/1999 MANCHESTER, NH ...... 10/20/1999 FREMONT, CA ...... 10/20/1999

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Subject; city, state Effective date Subject; city, state Effective date Subject; city, state Effective date

HYLAND, HILDA SARA; PURYEAR, CHARLENE C; FRAUD/KICKBACKS WHITTIER, CA ...... 10/20/1999 TRENTON, MI ...... 10/20/1999 JOHNSON, WARREN F; REIMER, ROBERT TIM- LOUIS, ABBOTT A; MONTI- BORGER, TX ...... 10/20/1999 OTHY; WALNUT CREEK, CELLO, IN ...... 03/01/1999 JONES, SHIRLEY K; DEN- CA ...... 10/20/1999 POBRE, SILVESTRA; VER, CO ...... 10/20/1999 ROBLES, JANIA E; DEN- PEKIN, IL ...... 06/17/1999 JURATOVAC, DIANE M; VER, CO ...... 10/20/1999 DETROIT, MI ...... 10/20/1999 RODRIGUEZ, JEANNE OWNED/CONTROLLED BY CONVICTED/ KELLY, SHERRI E; ROA- MARIE; SUNDOWN, TX ... 10/20/1999 EXCLUDED NOKE, VA ...... 10/20/1999 ROSEN, BURTON; KENOLY, EDWARD L; DEN- NARBETH, PA ...... 10/20/1999 ARTISTIC HOME HEALTH VER, CO ...... 10/20/1999 ROSS, ALESIA A; NEW- CARE; ST LOUIS, MO ..... 10/20/1999 KIENER, KARL JAY; PORT, RI ...... 10/20/1999 DOCTOR'S CARE, INC; GEARY, OK ...... 10/20/1999 ROTH, MICHAEL SCOTT; MIAMI BEACH, FL ...... 10/20/1999 KLAT, SUSAN VIOLA; FT SYOSSET, NY ...... 10/20/1999 DR MOORE DENTAL OF- WORTH, TX ...... 10/20/1999 ROUNDS, KELLY M; FICE; DETROIT, MI ...... 10/20/1999 KUSTER, DAVID E; MAR- BRATTLEBORO, VT ...... 10/20/1999 GALAXY MEDICAL & DIAG- QUETTE, MI ...... 10/20/1999 SCOTT, ANITA JO; BRAN- NOSTIC; EGLIN AFB, FL 10/20/1999 LABAYEN, ROBERTO F; DYWINE, WV ...... 10/20/1999 INTERVENTIONS, INC; ARGENTINA, CA ...... 10/20/1999 SHIRLEY, ANGELA LEIGH; TAMPA, FL ...... 10/20/1999 LANDRUM, TERI ANN; BAYTOWN, TX ...... 10/20/1999 LOS DOCTORES MEDICAL TEMECULA, CA ...... 10/20/1999 SIDHU, KATHLEEN & DIAGNOSTIC; EGLIN LANGLEY, ANDREA LEE; PARKIN-PAUL; IONIA, MI 10/20/1999 AFB, FL ...... 10/20/1999 CARMICHAEL, CA ...... 10/20/1999 SIGNOR, MITZI G; FORT NATURAL HEALTH RE- LEWIS, RAYFIELD; HACI- VALLEY, VA ...... 10/20/1999 SOURCES; BLAINE, MN .. 10/20/1999 ENDA HGTS, CA ...... 10/20/1999 PHYSICAL THERAPY & LLOYD, ZACHARY BOYCE; SIMSEN, DONALD A; MON- MOUTH JUNCTION, NJ ... 10/20/1999 REHAB; FT WALTON BRONX, NY ...... 10/20/1999 BEACH, FL ...... 10/20/1999 LOVVORN, JOHN R; SMITH, DAVID RALPH; MO- DESTO, CA ...... 10/20/1999 PRICE MEDICAL TRANS- COUPEVILLE, WA ...... 10/20/1999 PORTATION; BRYAN, TX 10/20/1999 LYNCH, LINDA M; ROA- SOUZA, SHIRLEY A; LOW- PROFESSIONAL CHIRO- NOKE, VA ...... 10/20/1999 ELL, MA ...... 10/20/1999 PRACTIC CTR; MAGOLES, MICHAEL STU- SPEIGINER, AUDREY J; KINGSFORD, MI ...... 10/20/1999 ART; SAN JOSE, CA ...... 10/20/1999 PERRIS, CA ...... 10/20/1999 RAYMOND NEWSOME, D MARASA, ERNEST FRED; STEIG, HENRY S; FRANK- C; DE SOTO, TX ...... 10/20/1999 GENESEO, NY ...... 10/20/1999 LIN LAKES, NJ ...... 10/20/1999 SUPER-MED CARE MED- MARTIN, TERESA A; STONE, JENNIFER L; ICAL & DIAGN; EGLIN GREELEY, CO ...... 10/20/1999 CEDAR BLUFF, VA ...... 10/20/1999 MATTHEWS, JESSE JR; TAKACH, PATRICIA; MON- AFB, FL ...... 10/20/1999 WATERBURY, CT ...... 10/20/1999 ROE, CT ...... 10/20/1999 TREATMENT DIMENSIONS, MEAD, MICHELE D; WA- TAPERT, RICHARD E; INC; TAMPA, FL ...... 10/20/1999 TERLOO, NY ...... 10/20/1999 MOUNT CLEMENS, MI .... 10/20/1999 VILAS MEDICAL & DIAG- METZGER, JAMES ALAN UNDERWOOD, ARMITA H NOSTIC CTR; EGLIN JR; TROY, NY ...... 10/20/1999 TILGNER; GRAND PRAI- AFB, FL ...... 10/20/1999 MONDRAGON, DIANE; RIE, TX ...... 10/20/1999 YOUTH ENHANCEMENT LEDYARD, CT ...... 10/20/1999 VODAK, TONI DANETTE; SERVICES; BEAUMONT, MONTGOMERY, DOUGLAS OAKVIEW, CA ...... 10/20/1999 TX ...... 10/20/1999 W; YPSILANTI, MI ...... 10/20/1999 WHITE, KERRIN L; BRIGH- MOORE, THOMAS W; TON, MA ...... 10/20/1999 DEFAULT ON HEAL LOAN BROOKLYN, NY ...... 10/20/1999 WILEY, KIMBERLEE ANN; MUNGER, LORRAINE; CHICO, CA ...... 10/20/1999 ANN, GRACE Y; DES NIANTIC, CT ...... 10/20/1999 WILSON, ROBERT L; PLAINES, IL ...... 10/20/1999 NUNEZ, MANUEL ANTO- FRANKFORT, IL ...... 10/20/1999 BEHRMAN, GLENN D; NIO; WITTIER, CA ...... 10/20/1999 WISELEY, BRUCE VIVIER; LAKE ALFRED, FL ...... 10/20/1999 NUTALL, INGRID BATAVIA, NY ...... 10/20/1999 BERRY, RUSH H; GALES- CHARMEL; BRYAN, TX ... 10/20/1999 ZEIGERMAN, AMELIA; BURG, IL ...... 10/20/1999 OLINGER, ANGELA DAW- POUGHQUAG, NY ...... 10/20/1999 BISSANTI, MICHAEL A; SON; DUBLIN, VA ...... 10/20/1999 QUINCY, MA ...... 10/20/1999 ORAFIDIYA, ABAYOMI; FEDERAL/STATE EXCLUSION/ BLITMAN, FAITH M; PHILA- NEW CITY, NY ...... 10/20/1999 SUSPENSION DELPHIA, PA ...... 10/20/1999 ORR, TRACY W; BONDURANT, TERESA M; KALKASKA, MI ...... 10/20/1999 BARASH, MILTON; ABER- YELLOW SPRINGS, OH .. 10/20/1999 OSMAN, M FAROUK; DEEN, NJ ...... 10/20/1999 BROWN, SHERYL D; INDIO, CA ...... 10/20/1999 CHAND, SANTOSH; FAIR- JAMESTOWN, NY ...... 10/20/1999 PACIFICO, ANNE J; VIEW HGTS, IL ...... 10/20/1999 BRUNTON, THOMAS A; ELWOOD, NY ...... 10/20/1999 KHAN, AZAM; NEWARK, NY 10/20/1999 THREE LAKES, WI ...... 10/20/1999 PEACOCK, STEPHEN M & G LIVERY & TRANS- BRYANT, JOHN W; ALEX- RICHARD; GROTON, NY 10/20/1999 PORTATION; MOUNTAIN- ANDRIA, VA ...... 10/20/1999 PENNINGTON, JOHN M; SIDE, NJ ...... 10/20/1999 BUTLER, EDDIE J; SOUTH- PALMETTO, FL ...... 10/20/1999 ROZOVSKY, ITAI; CHERRY FIELD, MI ...... 10/20/1999 POWELL, CAROL GROCH; HILL, NJ ...... 10/20/1999 CALLENDER, RALPH A; BROOKHAVEN, PA ...... 10/20/1999 SVERDLOV, GREGORY; EUREKA, CA ...... 10/20/1999 PULLEM, ROOSEVELT; AL- MOUNTAINSIDE, NJ ...... 10/20/1999 CAMP, CLARENCE L JR; TADENA, CA ...... 10/20/1999 DETROIT, MI ...... 10/20/1999

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Subject; city, state Effective date Subject; city, state Effective date PRT–17898 Applicant: Utah’s Hogle Zoo/Utah Zoological CAMPBELL, STEVEN P; RAVINSKI, DEBORAH G; Society, Salt Lake City, UT SAN FRANCISCO, CA ..... 10/20/1999 PLYMOUTH, MA ...... 10/20/1999 COLLINS, ROBERT D; INDI- SAMBOR, DAVID H; LOCK- The applicant requests a permit to ANAPOLIS, IN ...... 10/20/1999 PORT, NY ...... 10/20/1999 import one female captive-born Siberian COPELAND, JAMES H; SANDERS, DONALD E; IN- Tiger, (Panthera tigris altaica) from HARRISMAN, TN ...... 10/20/1999 DIAN HARBOUR BCH, FL 10/20/1999 Metro Toronto Zoo, Toronto, Canada for COTHRAN, LONNIE A; SCHUM, DAVID K; BROWN- POTEAU, OK ...... 10/20/1999 WOOD, TX ...... 10/20/1999 breeding purposes and public display. ELACHI, MOHAMED N; SEKULITS, NELLY M; MA- PRT–017646 PATERSON, NJ ...... 10/20/1999 YAGUEZ, PR ...... 10/20/1999 Applicant: Hector Gonzalez, Dorado, PR ESSMAN, RICK A; ASHE- SIMS±FORD, CHERYL D; VILLE, NC ...... 10/20/1999 ELMORE CITY, OK ...... 10/20/1999 GALLEBERG, DAVID A; The applicant requests a permit to SMITH, DAVID R; WICHITA, import the sport-hunted trophy of one WYOMING, MN ...... 10/20/1999 KS ...... 10/20/1999 GOLDSTEIN, BRAD M; TEIXEIRA, JULIO A; NEW male bontebok (Damaliscus pygargus BOCA RATON, FL ...... 10/20/1999 ROCHELLE, NY ...... 10/20/1999 dorcas) culled from a captive herd GOLDSTEIN, MARK S; TENNANT, MICHAEL D; maintained under the management CENTREVILLE, VA ...... 10/20/1999 WHEATRIDGE, CO ...... 10/20/1999 HAMPTON, JUBAL; LONG program of the Republic of South Africa, BEACH, CA ...... 10/20/1999 TILLOTSON, MARK; CHAP- for the purpose of enhancement of the HAWKINS, DAVID E; EL HILL, NC ...... 10/20/1999 survival of the species. TUEL, MARC A; NEWARK, SANDY, UT ...... 10/20/1999 PRT–016660 HENRY, DAVID A JR; GAL- NJ ...... 10/20/1999 VESTON, TX ...... 10/20/1999 TURNER-WHITE, SHARON Applicant: USGS/National Wildlife Health JETT, SIGURD A; FAIR- V; MIAMI, FL ...... 10/20/1999 Center, Madison, WI FIELD, CA ...... 10/20/1999 WALSH, GREGORY A; S JOHNSON, MARGIE N; MIL- DAYTONA BEACH, FL ..... 10/20/1999 The applicant requests a permit to WAUKEE, WI ...... 10/20/1999 WILLIAMS, RUSSELL C; export egg yolks taken from infertile KRAUSE, VACAVILLE, CA ...... 10/20/1999 eggs of captive-born Puerto Rican MARYCATHERINE L; RIV- WILLIAMS, MATTHEW T; parrots (Amazona vittata) to Scottish SAN ANTONIO, TX ...... 10/20/1999 ERSIDE, CT ...... 10/20/1999 Agricultural College, Scotland, United LAGONEGRO, ANN L; WILSON, MICHAEL F; TO- GLOUCESTER, VA ...... 10/20/1999 PEKA, KS ...... 10/20/1999 Kingdom for the purpose of LAWTON, MICHAEL D; YORK, WILLIAM C; GREEN enhancement of the survival of the ANAHEIM, CA ...... 10/20/1999 COVE SPNGS, FL ...... 10/20/1999 species through scientific research. This LEVINSON, SCOTT F; CHI- notification covers activities conducted CAGO, IL ...... 10/20/1999 Dated: October 5, 1999. by the applicant over a five-year period. LIEB, RONEN FOREST Joanne Lanahan, HILLS, NY; ...... 10/20/1999 Written data or comments should be MAKRIDAKIS, NIKOLAOS Director, Health Care Administrative submitted to the Director, U.S. Fish and N; FORT WAYNE, IN ...... 10/20/1999 Sanctions, Office of Inspector General. Wildlife Service, Office of Management MARTIN, SUSAN L; CHI- [FR Doc. 99–26828 Filed 10–13–99; 8:45 am] Authority, 4401 North Fairfax Drive, CAGO, IL ...... 10/20/1999 BILLING CODE 4150±04±P Room 700, Arlington, Virginia 22203 MARTS, RICHARD A; LOS ANGELES, CA ...... 10/20/1999 and must be received by the Director MERCADO, RAFAEL L; SAN within 30 days of the date of this publication. ANTONIO, TX ...... 10/20/1999 DEPARTMENT OF THE INTERIOR MITNOWSKY, ELLEN J; Documents and other information ASHFIELD, MA ...... 10/20/1999 Fish and Wildlife Service submitted with these applications are MOORE-EVANS, JAC- QUELINE D; HOUSTON, available for review, subject to the TX ...... 10/20/1999 Notice of Receipt of Applications for requirements of the Privacy Act and MOSS, CHERYTA A; SAN Permit Freedom of Information Act, by any DIEGO, CA ...... 10/20/1999 party who submits a written request for NICOLAIDES, HENRY D; The following applicants have a copy of such documents to the CARBONDALE, IL ...... 10/20/1999 applied for a permit to conduct certain following office within 30 days of the OLAJIDE, GBOLAHAN A; activities with endangered species. This date of publication of this notice: U.S. LOS ANGELES, CA ...... 10/20/1999 notice is provided pursuant to section Fish and Wildlife Service, Office of ONEIL, LORI L; LA PORTE, 10(c) of the Endangered Species Act of IN ...... 10/20/1999 1973, as amended (16 U.S.C. 1531, et Management Authority, 4401 North OWUSU, VICTOR I; KALA- seq.): Fairfax Drive, Room 700, Arlington, MAZOO, MI ...... 10/20/1999 Virginia 22203. Phone: (703/358-2104); PERRYMAN, RICHARD L; PRT–018124 FAX: (703/358–2281). PHOENIX, AZ ...... 10/20/1999 Applicant: Walter F. Broich, Edina, MN PHILIPSON, DAVID; HUN- Dated: October 8, 1999. TINGTON BCH, CA ...... 10/20/1999 The applicant requests a permit to Kristen Nelson, POLLACK, MARK A; JA- import the sport-hunted trophy of one Acting Chief, Branch of Permits, Office of MAICA, NY ...... 10/20/1999 male bontebok (Damaliscus pygargus POWELL, JONATHAN P; Management Authority. POTTSTOWN, PA ...... 10/20/1999 dorcas) culled from a captive herd [FR Doc. 99–26836 Filed 10–13–99; 8:45 am] maintained under the management PRESSMAN, DAVID; BILLING CODE 4310±55±P LORTON, VA ...... 10/20/1999 program of the Republic of South Africa, RAFII, AHMAD R; SAN for the purpose of enhancement of the JOSE, CA ...... 10/20/1999 survival of the species.

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DEPARTMENT OF THE INTERIOR Previously, only the record title holder approved and executed into contracts. of the underlying property or a person H.R. Rep. No. 85–2276, 1958 Fish and Wildlife Service with written permission from the record U.S.C.C.A.N. 3701. Of the applications title holder had access to the executed into contract, 337 were Issuance of Permit for Marine documents. The USGS purposes to certified as having discovered a Mammals make this information available to any significant amount of ore. Id. At the On July 8, 1999, a notice was requester. time the DMEA was terminated, there published in the Federal Register, Vol. EFFECTIVE DATE: December 1, 1999. were 170 contracts in force. Id. 64, No. 130, Page 36891, that an ADDRESSES: Kathleen M. Johnson, U.S. In August of 1958, Congress enacted application had been filed with the Fish Geological Survey, 913 National Center, Public Law 85–701, 72 Stat. 700 (1958), and Wildlife Service by Mike H. Boyd, Reston, VA 20192. authorizing the Secretary of the Interior to enter into exploration contracts Cartersville, GA for a permit (PRT– FOR FURTHER INFORMATION CONTACT: providing for Government financial 014003) to import one polar bear (Ursus Kathleen M. Johnson, 703–648–6110. maritimus) trophy taken from the assistance for the discovery of domestic SUPPLEMENTARY INFORMATION: In 1950, mineral reserves. 30 U.S.C. 641 et seq. Lancaster Sound population, Canada for Congress enacted the Defense Under this authority, the Secretary of personal use. Production Act, 50 U.S.C. App. § 2061 Notice is hereby given that on August the Interior established the Office of et seq. authorizing the President to Minerals Exploration (OME). Secretarial 16, 1999, as authorized by the ‘‘make provision * * * for the provisions of the Marine Mammal Order No. 2834, 23 FR 7555 (1958). The encouragement of exploration, program for exploration assistance Protection Act of 1972, as amended (16 development, and mining of critical and under the OME was similar to that U.S.C. 1361 et seq.) the Fish and strategic minerals, metals, and under the DMA and DMEA. See 30 CFR Wildlife Service authorized the materials.’’ Id. § 2093. The President part 301 (1958). requested permit subject to certain delegated his authority under the Act to In 1965, OME and its functions were conditions set forth therein. various Federal agencies, including the transferred to the USGS. 30 FR 2865 Documents and other information Department of the Interior. Exec. Order (1965). After fiscal year 1974, USGS did submitted for these applications are No. 10,161, 15 FR 6105 (1950). Under not request appropriations for new available for review by any party who this delegated authority, the Secretary of contract funds, and in 1979, Congress submits a written request to the U.S. the Interior established the Defense discontinued funding for the OME Fish and Wildlife Service, Office of Minerals Administration (DMA). Sec. program. Management Authority, 4401 North Order No. 2605, 15 FR 8718 (1950). The These programs produced a variety of Fairfax Drive, Room 700, Arlington, DMA’s purpose was to maintain technical information in the proposed Virginia 22203. Phone (703) 358–2104, production from existing mineral work plans, monthly progress reports, or Fax (703) 358–2281. sources, to expand production from inspection reports, final reports (final Dated: October 8, 1999. known but inactive sources, and to reports were prepared by both the Kristen Nelson, provide Government support for Government and the contractor), and Acting Chief, Branch of Permits, Office of exploration of new mineral deposits. audits, among other routine Management Authority. GEORGE F. HOWE, UNITED STATES correspondence between the application DEPARTMENT OF THE INTERIOR, and the Government. The Government Documents and other information HISTORY OF DEFENSE AGENCIES, entered into contracts with entities in 44 submitted with the application are Part IV (1953). To further the third States; the 6 States that did not have available for review, subject to the stated purpose, the DMA started a contracts are Delaware, Indiana, requirements of the Privacy Act and program to provide funds for Nebraska, North Dakota, Ohio, and Freedom of Information Act, by any exploration projects for ‘‘unknown or Rhode Island. The files from these party who submits a written request for undeveloped sources of strategic or contracts were stored in various Federal a copy of such documents to the above critical metals and minerals.’’ Mineral archival locations. However, in 1996, address within 30 days of the date of Order No. 5, 16 FR 3183 (1951). Before the USGS consolidated all of the DMA, publication of this notice. its termination on November 20, 1951, DMEA, and OME files in its office in [FR Doc. 99–26835 Filed 10–13–99; 8:45 am] the DMA received 1,015 requests for Spokane, Washington. BILLING CODE 4310±55±P assistance. Id. at 77. Of these, as of Access to the information contained October 30, 1951, 153 had resulted in in the files was limited to either the contracts, 324 had been denied, 40 had current property owner or to anyone DEPARTMENT OF THE INTERIOR been withdrawn by the applicant, and with a letter of authorization from the 489 were pending. Id. at Appendix VI, current property owner. USGS had Geological Survey Part IV. limited access to these documents Although the DMA had been because of the business-sensitive nature Notice of Availability of Information terminated, the Department of the of some information contained within AGENCY: U.S. Geological Survey, Interior continued the program for them. USGS recently reviewed both its Department of the Interior. exploration assistance with the authority to withhold the information ACTION: Notice of availability of formulation of the Defense Minerals contained in these files and the policy information. Exploration Administration (DMEA). of withholding the information. As a Secretarial Order No. 2726, 18 FR 3804 result of this review, USGS believes that SUMMARY: The U.S. Geological Survey (1953). The DMEA operated similarly to because the exploration assistance (USGS) is proposing to change a long- the DMA. See DMEA Order No. 1, 17 FR programs are no longer in existence, and standing policy regarding access to 2090 (1952). The DMEA was terminated the vast majority of the properties and documents compiled by the Defense on June 30, 1958. 23 FR 4003 (1958). companies described no longer exist in Minerals Administration, the Defense Before its termination, the DMEA their original forms, release of this Minerals Exploration Administration, received 3,888 applications for information will not harm the business and the Office of Minerals Exploration. assistance, and 1,159 applications were interests of the companies or

VerDate 12-OCT-99 16:34 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.XXX pfrm02 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55745 individuals who submitted it. For these Dated: October 6, 1999. SUPPLEMENTARY INFORMATION: Authority reasons, USGS believes it is no longer John A. Kelmelis, for this action is outlined in sections necessary to withhold this information, Acting Chief, National Mapping Division. 302, 303, and 310 of the Federal Land and is seeking comments on this [FR Doc. 99–26758 Filed 10–13–99; 8:45 am] Policy and Management Act of October proposed change in its policy. BILLING CODE 4310±Y7±M 21, 1976, (43 U.S.C. 1716) and Title 43 Code of Federal Regulations Subject Dated: October 7, 1999. 8341 (43 CFR 8341.2) and 8364 (43 CFR P. Patrick Leahy, DEPARTMENT OF THE INTERIOR 8364.1). Any person who fails to comply Chief Geologist, U.S. Geological Survey. with this closure is subject to citation or [FR Doc. 99–26759 Filed 10–13–99; 8:45 am] Bureau of Land Management arrest and a fine up to $1,000 or BILLING CODE 4310±Y7±M imprisonment not to exceed 12 months, [MT±010±1430±01; MTM±88157] or both. This closure applies to all Notice of Closure of Public Land to persons except persons authorized by DEPARTMENT OF THE INTERIOR Certain Uses in Yellowstone County, the Bureau of Land Management. MT Dated: October 6, 1999. Geological Survey Sandra S. Brooks, AGENCY: Bureau of Land Management, Field Manager. Digital Earth Interagency Working Interior Group; Meeting [FR Doc. 99–26873 Filed 10–13–99; 8:45 am] ACTION: Closure of 765 acres of public BILLING CODE 4310±84±P land to the use of motorized vehicles AGENCY: U.S. Geological Survey. and mechanized vehicles, the discharge ACTION: Notice of meeting. of firearms, horseback riding, hang DEPARTMENT OF THE INTERIOR gliding, and rock climbing. SUMMARY: The Digital Earth Interagency Bureau of Land Management SUMMARY: Notice is served that public Working Group, chaired by NASA with land located approximately one mile [CA±930±5410±00±ZBKC; CACA 41100] representatives from other Federal directly east of downtown Billings, departments and agencies, will hold an Montana, known as the Four Dances Conveyance of Mineral Interests in open meeting at the USGS facility in Natural Area (formerly known as California Reston, Virginia, to discuss options for Sacrifice Cliff or the Larsen property), is AGENCY: a near-term demonstration of the Digital Bureau of Land Management, closed to the use of off-highway vehicles Interior. Earth vision (for details visit (OHVs) and mechanized vehicles ACTION: Notice of segregation. www.digitalearth.gov). Throughout including mountain bicycles, the Federal, State, and local government, discharge of any firearms including SUMMARY: The private land described in the private sector, and other public pellet guns, horseback riding, hang this notice, aggregating 51.00 acres, is sector interests, there exist data, gliding, and rock climbing. The closure segregated and made unavailable for infrastructure, partnerships, and will be in effect beginning on November filings under the general mining laws capability to support the exploitation of 1, 1999, and remain in effect until and the mineral leasing laws to geospatial information to answer public consultation is completed and an determine its suitability for conveyance questions of concern to students, activity plan for the area is approved. of the reserved mineral interest researchers, community leaders, and OHV use includes all types of motor pursuant to section 209 of the Federal others. The goal of this meeting will be vehicles except for those authorized for Land Policy and Management Act of to identify existing and emerging data, administration operations, law October 21, 1976. The mineral interests infrastructure, and tools that can be enforcement, and property maintenance will be conveyed in whole or in part brought together to provide an ‘‘alpha or other BLM management programs. upon favorable mineral examination. version’’ of the Digital Earth vision in a This closure is necessary to protect The purpose is to allow consolidation of limited number of use contexts (e.g., public land and adjacent private surface and subsurface of minerals students asking a question about the property, and for public safety. More ownership where there are no known effects of pollution on their detailed information, the legal land mineral values or in those instances description and survey plats of the area community). The results of this where the reservation interferes with or are on file at the Billings Field Office. discussion may lead to subsequent precludes appropriate nonmineral Also, effective November 1, 1999, the Commerce Business Daily requests for development and such development is a Four Dances Natural Area will be open proposals. more beneficial use of the land than the for restricted use as a walk-in area for mineral development. DATES: The meeting will be held in the hiking, picnicking, cross country skiing, FOR FURTHER INFORMATION CONTACT: USGS main Auditorium on Monday, and wildlife viewing. The area will be Kathy Gary, Bureau of Land October 25, 1999, commencing at 8 a.m. open daily to the public from 30 Management, California State Office, and adjourning at 1 p.m. minutes before sunrise to 30 minutes 2800 Cottage Way, Sacramento, after sunset. Camping will be allowed California 95825, (916) 978–4677. FOR FURTHER INFORMATION CONTACT: To by permit only. Dogs must be leashed reserve a space at the meeting, please and under the control of the owner. Mount Diablo Meridian contact Mr. Mark Reichardt at (703) Fires and firewood cutting are T. 26 S., R. 37 E., 648–5742, or via e-mail at prohibited. Sec. 7, NE1⁄4SW1⁄4, N1⁄2SE1⁄4SW1⁄4. [email protected]. Although the FOR FURTHER INFORMATION CONTACT: County—Kern meeting is open to all interested parties, Sandra S. Brooks, Field Manager, BLM, As Reservation—All coal and other space is limited and will be allocated on Billings Field Office, P.O. Box 36800, minerals. a first come basis. Please limit requests 5001 Southgate Drive, Billings, MT Upon publication of this Notice of to one member of your organization. 59107-6800 or call 406–896–5013. Segregation in the Federal Register as

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.133 pfrm04 PsN: 14OCN1 55746 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices provided in 43 CFR 2720.1–1(b), the FOR FURTHER INFORMATION CONTACT: • Harvester Room in the Jensik mineral interests owned by the United Glenn Clark at 202–565–1058. Insurance Building, 1309 Eighteenth States in the private lands covered by Glen Clark, Street, Belleville, Kansas. • the application shall be segregated to Servicewide Coordinator for Cooperating Johnson Community Center, 509 the extent that they will not be subject Association. Main Street, Alma, Nebraska. • to appropriation under the mining and [FR Doc. 99–26863 Filed 10–13–99; 8:45 am] Community Building, West Fifth mineral leasing laws. The segregative BILLING CODE 4310±70±M and O Streets, McCook, Nebraska. effect of the application shall terminate Written comments on the DEIS should by publication of an opening order in be submitted to the Area Manager the Federal Register specifying the date DEPARTMENT OF THE INTERIOR (Attention: Judy O’Sullivan), Nebraska- and time of opening; upon issuance of Kansas Area Office, P.O. Box 1607, a patent or other document of Bureau of Reclamation Grand Island NE 68802. conveyance to such mineral interest; or You may request a Summary of the INT±DES±99±39 two years from the date of publication DEIS or the entire DEIS (with of this notice, whichever occurs first. Bostwick Division, Frenchman- appendices) in printed copy or on computer disk. Copies may be obtained Dated: September 30, 1999. Cambridge Division, and Kanaska Division, Almena Unit from the above address or by telephone David McIlnay, (308) 389–4622 x211. Copies are also Chief, Branch of Lands. AGENCY: Bureau of Reclamation, available for public inspection and [FR Doc. 99–26830 Filed 10–13–99; 8:45 am] Interior. review on the Internet at BILLING CODE 4310±40±P ACTION: Notice of availability and public ‘‘www.gp.usbr.gov’’ in the ‘‘Current hearing on draft environmental impact Activities’’ section under statement (DEIS). ‘‘Environmental Activities.’’ DEPARTMENT OF THE INTERIOR See Supplementary Information SUMMARY: Pursuant to section 102(2)(C) section for additional addresses where National Park Service of the National Environmental Policy the DEIS is available for public Act of 1969, as amended, the inspection and review. Notice of Availability of the Reference Department of the Interior, Bureau of FOR FURTHER INFORMATION CONTACT: Jill Manual #32 for Use With Director's Reclamation, has prepared a DEIS on Manring, Basin Study Coordinator, Order #32 Concerning Relationships the proposed renewal of long-term water Nebraska-Kansas Area Office, P.O. Box Between the National Park Service and supply contracts for irrigation water 1607, Grand Island NE 68802— Cooperating Associations from Federal projects in the Republican telephone (308) 389–4622 x214. River basin in Nebraska and Kansas. SUPPLEMENTARY INFORMATION: AGENCY: National Park Service, Interior. The DEIS describes five alternatives, ACTION: Public Notice. including no action, and evaluates the DEIS Public Inspection and Review environmental consequences of Locations SUMMARY: The National Park Service renewing the long-term water supply Offices contracts and of modifications to (NPS) is converting and updating its • Bureau of Reclamation, Nebraska- current system of internal instructions reservoir operations. Public hearings have been scheduled to provide Kansas Area Office, 203 West Second to a three-level system consisting of: (1) Street, Grand Island NE 68801— NPS Management Policies; (2) Director’s interested parties an opportunity to provide oral or written comments on the telephone (308) 389–4622 Orders; and (3) Reference Manuals/ • Bureau of Reclamation, Great Plains Handbooks and other helpful proposed renewal of long-term water supply contracts. Regional Office, 316 North 26th Street, information. When these documents Billings MT 59101—telephone (406) DATES: A 60-day public review and contain new policy or procedural 247–7638 comment period commences with the requirements that may affect parties • Bureau of Reclamation, publication of this notice. Written outside the NPS, this information is Reclamation Service Center Library, comments on the DEIS should be being made available for public Building 67, Room 167, Denver Federal submitted by December 13, 1999. comment. Previously, Directors’ Order Center, Sixth and Kipling, Denver CO # Written comments from interested 32 was released and Reference Manual 80225—telephone (303) 445–2072 # parties unable to attend the hearings, 32 is an operational guide for • Bureau of Reclamation, Program those not wanting to make oral implementing this previous document Analysis Office, Room 7456, 1849 C presentations, or those wishing to that establishes operational policies and Street NW, Washington DC 20240— supplement their oral presentations at procedural guidance concerning telephone (202) 208–4662 relationships between the NPS and the public hearing should be • Bostwick Irrigation District in Cooperating Associations. Cooperating transmitted to the Nebraska-Kansas Area Nebraska, Red Cloud NE Associations are private non-profit Office by December 13, 1999, for • Kansas Bostwick Irrigation District organizations that provide interpretive inclusion in the public record. No. 2, Courtland KS and educational services in many areas Public hearings have been scheduled • Frenchman-Cambridge Irrigation of the National Park System. from 6:30 to 9:30 p.m. on the following District, Cambridge NE dates: • Frenchman Valley and H&RW DATES: Written comments will be • November 2, 1999, Belleville, accepted until November 15, 1999. Irrigation District, Culbertson NE Kansas. • Almena Irrigation District, Almena • ADDRESSES: Send comments to Glenn November 3, 1999, Alma, Nebraska. KS Clark, Servicewide Cooperating • November 4, 1999, McCook, Association Coordinator, Room 7312, Nebraska. Libraries National Park Service, 1849 C Street ADDRESSES: The public hearing • Alma Public Library, West Second NW., Washington, DC. locations are: Street, Alma NE 68920–3378

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• Blue Hill Public Library, 317 West should contact Judy O’Sullivan at (308) The proposed consent decree may be Gage Street, Blue Hill NE 68930–2068 389–4622 x211 or through the Federal examined at: (1) The Office of the • Butler Memorial Library, 621 Relay System at (800) 877–8339 or via United States Attorney for the Western Pennsylvania, Cambridge NE 69022 e-mail at ‘‘[email protected]’’. District of Michigan, The Law Building, • Franklin Public Library, 1502 P Smoking will be prohibited in the 330 Ionia Avenue, N.W., 5th Floor, Street, Franklin NE 68939–1200 hearing room and surrounding area. Grand Rapids, Michigan, 49503, (616– • Hastings Public Library, 517 West Dated: September 25, 1999 456–2404); (2) the United States Fourth Street, Hastings NE 68901–7560 Environmental Protection Agency • Imperial Public Library, 703 Fred R.Ore, (Region 5), 77 West Jackson Boulevard, Broadway Street, Imperial NE 69033– Area Manager, Nebraska-Kansas Area Office. Chicago, Illinois 60604–3590 (contact 4017 [FR Doc. 99–26633 Filed 10–13–99; 8:45 am] Thomas Kruegar (312–886–0562); and, • Kearney Public Library, 2020 First BILLING CODE 4310±94±P (3) a copy of the proposed Consent Avenue, Kearney NE 68847–5306 Decree may be obtained by mail from • McCook Library, 802 Norris the Department of Justice Consent Avenue, McCook NE 69001–3143 DEPARTMENT OF JUSTICE Decree Library, P.O. Box 7611, Ben • Nelson Public Library, 10 West Franklin Station, Washington DC 20044. Third Street, Nelson NE 68961–1246 Notice of Lodging of Consent Decree When requesting a copy, please refer to • Red Cloud Public Library, 537 Pursuant to the Comprehensive United States v. Akzo Nobel, A.B. et al. North Webster Street, Red Cloud NE Environmental Response, D.J. Ref. 90–11–3–191A, and enclose a 68970–2421 Compensation and Liability Act • check in the amount of $38.75 for the Carnegie Public Library, 449 North consent decree only (155 pages at 25 Kansas Street, Superior NE 68978–1852 In accordance with the policy of the • Department of Justice, 28 U.S.C. 50.7, cents per page reproduction costs), or Trenton Village Library, 406 East $251.50 for the consent decree and all First Street, Trenton NE 69044 and pursuant to Section 122(d)(2) of the • Comprehensive Environmental appendices (1006 pages), made payable Wauneta City Library, 319 North to the Consent Decree Library. Tecumseh, Wauneta NE 69045–2011 Response Compsenation and Liability • Almena Public Library, 415 Main, Act, 42 U.S.C. 9601 et seq., Joel M. Gross, Almena KS 67622 (‘‘CERCLA’’), notice is hereby given that Chief, Environmental Enforcement Section, • Belleville Public Library, 1327 a proposed consent decree in United Environmental and Natural Resources Division. Nineteenth Street, Belleville KS 66935 States v. Akzo Nobel A.B., Civ. No. • Courtland City Library, 403 Main 1:99–CV–731, was lodged with the [FR Doc. 99–26822 Filed 10–13–99; 8:45 am] Street, Courtland KS 66939 United States District Court for the BILLING CODE 4410±15±M • Northwest Kansas Library System, 2 Western District of Michigan, on Washington Square, Norton KS 67654 September 22, 1999. The action was brought by the United States against DEPARTMENT OF JUSTICE Hearing Process Information fourteen defendants seeking the Notice of Lodging of Consent Decree Organizations and individuals performance of a remedial action at the Pursuant to the Clean Air Act wishing to present oral statements are Bofors Noble Superfund Site in strongly encouraged to contact Judy Muskegon, Michigan, and Notice is hereby given that on October O’Sullivan, Bureau of Reclamation, reimbursement of response costs 4, 1999, the United States lodged a Nebraska-Kansas Area Office, at the incurred in connection with site. proposed consent decree with the address above or telephone (308) 389– The settling parties are Akzo Nobel United States District Court for the 4622 x211 to announce their intention A.B., American Cyanamid Company, Western District of Michigan, in United to participate in the public hearing. Bissel, Inc., E.I. DuPont DeNemours and States v. Georgie Boy Manufacturing, Requests to make presentations will also Company, Dow Agrosciences LLC, Eli Inc., Civil No. 1:99–CV–772, under be accepted at the hearings. Written Lilly Company, General Electric section 113(b) of the Clean Air Act, 42 statements may also be submitted at the Company, IBM Corporation, Lomac, U.S.C. 7413(b). The proposed consent hearings. Inc., Mallinckrodt, Inc., Monsanto decree resolves certain claims of the Oral statements at the public hearings Company, Shell Oil Company, United States against Georgie Boy, will be limited to 5 minutes. If time Smithkline Beecham Corporation, and Manufacturing Inc. (‘‘Georgie Boy’’), permits, the hearing officer may allow Union Carbide Corporation. arising out of its recreational vehicle speakers to extend their oral statement Under the proposed settlement, eight manufacturing facility located in after all persons wishing to comment of the settlors will be responsible for Edwardsburg, Cass County, Michigan. have been heard. Whenever possible, performing the response action at the Under the proposed Consent Decree speakers will be scheduled according to Bofors Nobel site. The remaining parties Georgie Boy will pay the United States the time preference requested in their will contribute funds in the amounts set a $99,000 penalty and perform a letter or telephone request. Scheduled forth in the proposed decree which will Supplemental Environmental Project speakers not present at the public be used to finance the work, reimburse (‘‘SEP’’). hearing when called will lose their response costs incurred by the United The Department of Justice will receive privilege in the scheduled order and States Environmental Protection Agency comments relating to the proposed will be recalled at the end of all the in connection with the site, and pay Consent Decree for 30 days following scheduled speakers. Those registering at natural resource damages arising from publication of this Notice. Comments the meetings may choose from the releases of hazardous substances at the should be addressed to the Assistant remaining time slots. site. Under the proposed consent Attorney General, Environment and Please notify Reclamation at least 2 decree, the Environmental Protection Natural Resources Division, United weeks in advance of the scheduled Agency will provide mixed funding, up States Department of Justice, P.O. Box hearing if you require special needs in to an amount of $7.2 million, to assist 7611, Ben Franklin Station, Washington, order to participate in the public in financing the remedial action at the DC 20044–7611, and should refer to hearing. Those having special needs site. United States v. Georgie Boy

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Manufacturing, Inc., Civil No. 1:99–CV– 7611, Ben Franklin Station, Washington, wetlands and the creation of new 772, 90–5–2–1–2259. The proposed DC 20044–7611, and should refer to wetlands and wetland buffers on fifty- Consent Decree may be examined at the United States v. H. Brown Co., et al., D.J. seven (57) acres; and (4) place deed Office of the United States Attorney for Ref. No. 90–11–2–835A. The proposed restrictions or conservation easements the Western District of Michigan, Grand Consent Decree may be examined at the on all remediation sites identified in the Rapids, Michigan; the Region V Office Office of the United States Attorney for consent decree. of the United States Environmental the Western District of Michigan; the The Department of Justice will accept Protection Agency, 77 West Jackson Region V Office of the United States written comments relating to this Boulevard, Chicago, Illinois 60604. A Environmental Protection Agency, 77 proposed Consent Decree for thirty (30) copy of the proposed Consent Decree West Jackson Boulevard, Chicago, days from the date of publication of this may be obtained by mail from the Illinois 60604. A copy of the proposed notice. Please address comments to Department of Justice Consent Decree Consent Decree may be obtained by mail Lynne A. Battaglia, United States Library, P.O. Box 7611, Washington, DC from the Department of Justice Consent Attorney for the District of Maryland, 20044. In requesting a copy, please Decree Library, P.O. Box 7611, United States Department of Justice, enclose a check for reproduction costs Washington, DC 20044. In requesting a Attention: W. Warren Hamel, AUSA, (at 25 cents per page) in the amount of copy, please enclose a check for 101 W. Lombard Street, Baltimore, $5.00 for the Decree, payable to the reproduction costs (at 25 cents per page) Maryland 21012, and refer to United Consent Decree Library. in the amount of $20.25 for the Decree States v. Interstate General Company, Joel M. Gross, without appendices, payable to the Civ. No. AW–96–1112 and USAO No. Chief, Environmental Enforcement Section, Consent Decree Library. Appendices 96–00096. Environment and Natural Resources Division. will be an additional $20.75 (total: The proposed Consent Decree may be [FR Doc. 99–26825 Filed 10–13–99; 8:45 am] $41.00). examined at the Clerk’s Office, United BILLING CODE 4410±15±M Joel M. Gross, States District Court for the District of Chief, Environmental Enforcement Section, Maryland, Southern Division, 6500 Environment and Natural Resources Division. Cherrywood Lane, Greenbelt, Maryland DEPARTMENT OF JUSTICE [FR Doc. 99–26823 Filed 10–13–99; 8:45 am] 20770. BILLING CODE 4410±15±M W. Warren Hamel, Notice of Lodging of Consent Decree Chief, Environmental Crimes and Pursuant to the Comprehensive Enforcement Section, U.S. Attorney’s Office, Environmental Response, DEPARTMENT OF JUSTICE District of Maryland. Compensation and Liability Act [FR Doc. 99–26826 Filed 10–13–99; 8:45 am] Notice of Lodging Consent Decree BILLING CODE 4410±15±M Notice is hereby given that on October Pursuant to the Clean Water Act 4, 1999, the United States lodged with the Court a proposed Fourth Consent In accordance with Departmental Decree under the Comprehensive Policy, 28 CFR 50.7, notice is hereby DEPARTMENT OF JUSTICE Environmental Response, given that a proposed Consent Decree in Notice of Lodging of Consent Decree Compensation, and Liability Act, as United States v. Interstate General Pursuant to the Comprehensive amended (‘‘CERCLA’’), 42 U.S.C. 9601 Company, et al., Civ. No. AW–96–1112 Environmental Response, et seq. in United States v. Brown Co., et (D. Md., So. Div.), was lodged with the Compensation, and Liability Act of al., No. 1:96–CV–949 (W.D. Mich). The United States District Court for the 1980, as Amended Consent Decree resolves certain claims District of Maryland, Southern Division, of the United States against Exide on August 26, 1999. This Consent Consistent with Departmental policy Corporation, Fisher Steel & Supply Decree has been entered into by the 28 CFR 50.7, 38 FR 19029, and 42 U.S.C. Company, the H. Brown Co., Inc., Tessie Plaintiff United States and Defendants 9622(d), notice is hereby given that on Brown and Tessie Brown as the Interstate General Company, L.P., and October 4, 1999, a proposed Consent Independent Personal representative of St. Charles Associates, L.P., pursuant to Decree in United States v. Richard the Estate of Herman Brown (‘‘Owner Section 309 (b) and (d) of the Clean Mottolo, K.J. Quinn & Co., Inc., et al., Settling Defendants’’), Padnos Iron & Water Act, 33 U.S.C. 1319 (b) & (d), Civil Action No. 83–547–B, was lodged Metal Company (‘‘Padnos’’), and providing for injunctive relief and with the United States District Court for General Motors Company (‘‘GM’’). GM imposing civil penalties upon the the District of New Hampshire. The will conduct the Remedial Action, as Defendants for discharge of dredged or proposed Consent Decree will resolve well as pay future costs of overseeing fill material in violation of section the United States’ claims under the the implementation of the remedial 301(a) of the Clean Water Act, 33 U.S.C. Comprehensive Environmental action, under Sections 106 and 107(a) of 1311(a), at four sites in St. Charles, a Response, Compensation, and Liability CERCLA, 42 U.S.C. 9607(a), at the H. planned community near Waldorf, Act (‘‘CERCLA’’), 42 U.S.C. 9601, et Brown Superfund Site (‘‘Site’’) located Charles County, Maryland. seq., on behalf of the U.S. in Walker, Kent County, Michigan. The The Consent Decree prohibits Environmental Protection Agency other settling defendants under this additional illegal discharges by the (‘‘EPA’’) against the K.J. Quinn & Co., Consent Decree will pay an additional Defendants, and requires Defendants to, Inc., relating to the Mottolo Superfund $204,500. among other things: (1) Pay a $360,000 Site (‘‘Site’’) located in Raymond, New The Department of Justice will receive civil penalty to the United States; (2) Hampshire. The K.J. Quinn & Co., Inc., comments relating to the proposed escrow $40,000 to be used for additional was previously adjudicated liable under Consent Decree for 30 days following wetland plantings in open spaces on Section 107(a) of CERCLA, 42 U.S.C. publication of this Notice. Comments one of the parcels located in Dorchester 96097(a). should be addressed to the Assistant Neighborhood; (3) carry out remediation Pursuant to the Consent Decree, the Attorney General, Environmental and plans at two parcels, Parcel L and Town K.J. Quinn & Co., Inc., has agreed to Natural Resources Division, United Center South, that will result in the reimburse to the United States States Department of Justice, P.O. Box restitution of fourteen (14) acres of $2,000,000 for costs incurred and to be

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Quinn & Co., Inc., has wet and properly dispose of asbestos- (1) That a significant number or already paid $1,445,949 of the containing material during a renovation proportion of the workers in the $2,000,000 amount and is to make the of two buildings on the campus. The workers’ firm, or an appropriate remaining payment of $554,051, along settlement stipulation requires subdivision thereof, have become totally with interest from October 16, 1998, defendant to pay $36,000 to resolve the or partially separated, within 7 days of entry of this Consent claims alleged in the complaint. (2) That sales or production, or both, Decree. The Department of Justice will receive of the firm or subdivision have The Department of Justice will receive comments relating to the proposed decreased absolutely, and for a period of thirty (30) days from the settlement stipulation for a period of 30 (3) That increases of imports of date of this publication comments days from the date of this publication. articles like or directly competitive with relating to the proposed consent decree. Comments should be addressed to the articles produced by the firm or Any comments should be addressed to Assistant Attorney General of the appropriate subdivision have the Assistant Attorney General of the Environment and Natural Resources contributed importantly to the Environment and Natural Resources Division, Department of Justice, separations, or threat thereof, and to the Division, Department of Justice, Washington, DC 20530. All comments absolute decline in sales or production. Washington, D.C. 20530, and should should refer to United States v. State of Negative Determinations for Worker refer to United States v. Richard Wisconsin, D.J. Ref. 90–5–2–1–2106. Adjustment Assistance Mottolo, K.J. Quinn & Co., Inc., et al., The proposed settlement stipulation In each of the following cases the Civil Action No. 83–545–B, D.J. Ref. 90– may be examined at the office of the investigation revealed that criterion (3) 11–2–17. United States Attorney for the Western has not been met. A survey of customers The proposed consent decree may be District of Wisconsin, 660 West indicated that increased imports did not examined at the Office of the United Washington Avenue, Madison, contribute importantly to worker States Attorney, District of New Wisconsin 53701–1585; and at the separations at the firm. Hampshire, 55 Pleasant Street, Concord, Region V office of the Environmental New Hampshire 03301 and at Region I, Protection Agency, 77 West Jackson TA–W–36,306; Blount, Inc., Owatonna, Office of the Environmental Protection Blvd., Chicago, Illinois 60604. A copy of MN TA–W–36,534 & A, B, C; Thomaston Agency, One Congress St., Boston, MA the proposed stipulation may also be Mill, Inc., Thomaston, GA, Zebulon, 02203. A copy of the proposed consent obtained by mail from the Department GA New York, NY and Los Angeles, decree may also be obtained by mail of Justice Consent Decree Library, P.O. CA from the Department of Justice Consent Box 7611, Washington, DC. 20044. In TA–W–36,438; Maine Envelope Co., Decree Library, P.O. Box 7611, requesting a copy, please enclose a Belgrade, ME Washington, D.C. 20044. In requesting a check in the amount of $2.75 for the TA–W–36,483; Brookman Cast copy, please enclose a check (there is a stipulation (25 cents per page Industries, Inc., Salem, OR 25 cent per page reproduction cost) in reproduction costs) payable to the TA–W–36,454; Sonat Exploration Co., the amount of $6.50 payable to the Consent Decree Library. When Houston, TX Consent Decree Library. requesting a copy, please refer to the TA–W–36,700, & A, B, C; Downing Bruce Belber, United States v. State of Wisconsin, D.J. Wellhead Equipment, Inc., Deputy Chief, Environmental Enforcement Ref. 90–5–2–1–2106. Oklahoma Cty, OK, Midland, TX, Section, Environment and Natural Resources Joel M. Gross, Houston, TX and Corpus Christi, Division. Chief, Environmental Enforcement Section, TX [FR Doc. 99–26824 Filed 10–13–99; 8:45 am] Environment and Natural Resources Division. TA–W–36,580; Scientific Drilling BILLING CODE 4410±15±M [FR Doc. 99–26827 Filed 10–13–99; 8:45 am] International, Oklahoma City, OK BILLING CODE 4410±15±M TA–W–36,375; Allied Signal, Inc., Ironton, OH DEPARTMENT OF JUSTICE TA–W–36,025; Conoco, Inc., Natural DEPARTMENT OF LABOR Gas and Gas Products Div., Notice of Lodging of Settlement Houston, TX & Operating at Stipulation Pursuant to the Clean Air Employment and Training Various Locations: A; LA, B; NM, C; Act Administration OK, D; TX, E; VA, and F; WV TA–W–36,388; Heel Rite Corp., Wright Under 28 CFR 50.7, notice is hereby Notice of Determinations Regarding City, MO given that a proposed Stipulation and Eligibility To Apply for Worker TA–W–36,227; R & M Energy Systems, Order for Dismissal in United States v. Adjustment Assistance and NAFTA a/k/a/ Flow Control Equipment, State of Wisconsin Inc., Civ. No. 98–C– Transitional Adjustment Assistance Borger, TX 0517–C., was lodged with the United TA–W–36,548; Caterpillar Work Tools, States District Court for the Western In accordance with section 223 of the Dallas, TX District of Wisconsin, on September 27, Trade Act of 1974, as amended, the TA–W–36,608; Western Gas Resources, 1999. That action was brought against Department of Labor herein presents Inc., Midland, TX defendant pursuant to sections 112 and summaries of determinations regarding TA–W–36,597; Pelton Co., Inc., Ponca 113 of the Clean Air Act (‘‘the Act’’), 42 eligibility to apply for trade adjustment City, OK U.S.C. 7412, 7413, and associated assistance for workers (TA–W) issued TA–W–36,612; Buffalo Color Corp., regulations, for violations occurring at during the period of September, 1999. Buffalo, NY the University of Wisconsin, Madison In order for an affirmative TA–W–36,707; Consolidation Coal Co., campus. Specifically, the amended determination to be made and a Loveridge Mine #22, Fairview, WV

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TA–W–36,806; Rexam Medical TA–W–36,795; Dresser Equipment TA–W–36,423; Ovalstrapping, Inc., Packaging, Madison, WI Group, Roots Div., Connersville, IN Hoquiam, WA In the following cases, the TA–W–36,807; Island Creek Coal Co., The investigation revealed that investigation revealed that the criteria VP #8 Mine and Preparation Plant, criteria (2) has not been met. Sales or for eligibility have not been met for the Oakwood, VA production did not decline during the reasons specified. TA–W–36,692; Smith Tool, Ponca City, relevant period as required for TA–W–36,767; Diesel Recon Co., Santa OK certification. Fe Springs, CA TA–W–36,508; Trico Industries, Inc., TA–W–36,747; Enron Oil and Gas Co., TA–W–36,539; Veco Pacific, Inc., San Marcos, TX Corpus Christi, TX Formerly Vecco Engineering, Inc., TA–W–35,530; Newcom, Inc., Westlake The investigation revealed that Bellingham, WA Village, CA criteria (2) and criteria (3) have not been TA–W–36,678 & A; Samedan Oil Corp., TA–W–36,144; Liz Claiborne, Sample met. Sales or production did not decline Denver, CO and Oklahoma City, OK Making Dept. North Bergen, NJ during the relevant period as required TA–W–36,661; American and Efird, Inc., TA–W–36,352; Bain Industries, Fort for certification. Increases of imports or Meridian, MS Worth, TX articles like or directly competitive with TA–W–36,469; Insurdata Imaging TA–W–36,627; American National Can, articles produced by the firm or an Service, Price, UT Longview, TX appropriate subdivision have not TA–W–36,437; Buffalo Jeans/David TA–W–36,059; Kaiser Aluminum contributed importantly to the Bitton, Secaucus, NJ Castings, Canton, OH separations or threat thereof, and the TA–W–36,740; Animas Public School TA–W–36,173; Quality Veneer and absolute decline in sales or production. System, Animas, NM Lumber, Young and Morgan Lumber TA–W–36,676; Koch Industries, Inc., Div., Lyons, OR Affirmative Determinations for Worker Wichita, KS TA–W–36,769; American Meter Co., Adjustment Assistance TA–W–36,749; Midwestern Oilfield Industrial Products Business Unit, The following certifications have been Service, Inc., Tioga, ND Erie, PA issued; the date following the company TA–W–36,818; Chevron Pipeline Co., TA–W–36,651; Chief Supply Corp., name and location of each New Orleans, LA American Resources Div., Eugene, determination references the impact TA–W–36,646; J and R Consulting OR date for all workers of such Service, Inc., Tioga, ND TA–W–36,680; Fairfield Machine Co., determination. TA–W–35,675; Oilfield Safety, Inc., Inc., Columbiana, OH TA–W–36,647; Cluett, Peabody & Co., Williston, ND TA–W–36,577; Statoil Exploration (US), Inc., The Enterprise plant, TA–W–36,751; CGG–TLC Data Inc., Houston, TX Processing Center, Inc., Richardson, Enterprise, AL, The Austell Plant, TA–W–36,745; Muskin Leisure Products, Austell, GA and New York NY: TX Houston, TX Inc., Wilkes-Barre, PA TA–W–36,609; Western Geophysical/ August 10, 1998 TA–W–36,403; Evans Machine Works, TA–W–36,416; Baldwin Piano & Orgon Baker Hughes, Houston, TX Inc., Hobbs, NM TA–W–36,407; Centrilift, Div. of Baker Co., Assembly Dept, Conway, AR TA–W–36,442; Philips Lighting Co., Hughes, Denver, CO June 3, 1998 Fairmont, WV TA–W–36,464; Giro Sport Design, Santa TA–W–36,639; American International/ TA–W–36,754; Lucas Varity, North Cruz, CA: June 15, 1998 Airways, Inc., Oscoda, MI TA–W–36,615; Lynn Fashion, Hobokin, TA–W–36,671; Pride Refining, Inc., American Light Vehicle Braking Systems, Mount Vernon, OH NJ: July 2, 1998 Abilene, TX TA–W–36,399; Anderson Bros & TA–W–36,536; Martin County TA–W–36,521 & A; Permac, Inc., Johnson Co., Inc., Wausau, WI: May Residential Service Inc., d/b/a/ Bluefield, VA and Oakwood, VA Increased imports did not contribute 21, 1998 Martin Enterprises, Williamston, NC TA–W–36,621 & A, B; Dart Energy Corp., TA–W–36,455; Energy Group, Inc., importantly to worker separations at the Beckman Production Service, Hobbs, NM firm. Kalkalska, MI, Dart Oil and Gas TA–W–36,493; Apex Engineering, d/b/a TA–W–36,369; Wyman Gordon, Albany Corp., Mason, MI and Dart Energy Mora Inc., Evanston, WY Div., Albany, OR Corp., Sharp Trucking and The workers firm does not produce an The investigation revealed that Construction, Mt. Pleasant, MI: July article as required for certification under criteria (1) and criteria (2) have not been 20, 1998 Section 222 of the Trade Act of 1974. met. A significant number or proportion TA–W–36,522 & A; Inter-National TA–W–36,610; Weldon Machine Tool, of the workers did not become totally or Childrenswear, Snead, AL and Inc., York, PA partially separated from employment as Birmingham, AL: June 9, 1998 TA–W–36,359; Motorola— required for certification. Sales or TA–W–36,564; Vision Ease Lens, Inc., Semiconductor Product Sector, production did not decline during the St. Cloud, MN: July 7, 1998 Auston, TX relevant period as required for TA–W–36,421; Jones Apparel Group, TA–W–36,269; Continental Apparel certification. Inc., Bristol, PA: May 21, 1998 Sales, De Funiak Springs, FL TA–W–36,607; Big ‘‘6’’ Drilling Co., TA–W–36,657; Modine Aftermarket TA–W–36,784; Dura Automotive Houston, TX Holdings, Inc., Merced, CA: July 19, Systems, Inc., Spring Lake, MI 1998 TA–W–36,823; Furst Mc-Ness Co., The investigation revealed that TA–W–36,475; Unitog, Concordia, MO: Longview, TX criteria (1) has not been met. A June 7, 1998 TA–W–36,728; Wellman, Inc.,—Wool significant number or proportion of the TA–W–36,669; Apparel Sales and Div., Johnsonville, SC workers did not become totally or Printing, Inc., Alabama Cut and TA–W–36,797; Regional Recycling LLC, partially separated from employment as Sew Factory, Prattville, AL: July 28, Attalla, AL required for certification. 1998. TA–W–36,701; Michael Foods, Inc., TA–W–36,712; Harken Energy Corp., TA–W–36,636; Southwestern Cutting Monark Egg Div., Kansas City, MO Houston, TX Service, EL Paso, TX: July 21, 1998.

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TA–W–36,406; Baker Hughes Centrilift, TA–W–36,478; Weatherford Arrow TA–W–36,756; Walkin Shoe Co., Anchorage, AK: May 21, 1998 Completion Systems, Midland, TX: Schuylkill Haven, PA: August 17, TA–W–36,665; Supreme Tooling, Inc., June 14, 1998 1998 Freemont, IN: July 23, 1998. TA–W–36,802 & A; U.S. Sports, Inc., TA–W–36,761; Hunter Sadler, Tupelo, TA–W–36,565; Husky Injection Molding Huntingdon, PA and Lake Worth, MS: August 18, 1998 Systems, Pittsfield, MA: June 28, FL: August 20, 1998 TA–W–36,683; Honeywell, Inc., 1998 TA–W–36,748; Capitan Corp., Odessa, Industrial Automation and Control TA–W–36,659 & A, B; Janner Sayre, Inc., TX: August 12, 1998 Div., Phoenix, AZ: July 16, 1999. d/b/a Sayre Knits, Plant #3, Sayre, TA–W–36,606; Phillips Petroleum Co, TA–W–36,790; Geissler Knitting Mills, PA and Plant #2, South Montrose, Exploration & Production (E & P), Inc., Hazelton, PA: August 18, 1998 PA and Plant #1, Orwigsburg, PA: Bartlesville, OK and Operating at TA–W–36,731 & A; Stone July 26, 1998 Various Locations in The Following Manufacturing Co., Johnston, SC TA–W–36,742; John Crane, Inc., Crystal States; A; CO, B; KS, C; LA, D; OK, and Columbia, SC: August 11, 1998 Falls, MI: August 11, 1998 E; NM, F; TX, G; UT: July 16, 1998 TA–W–36,722 & TA–W–36,723; Pleasant TA–W–36,736; Water Valley TA–W–36,527; PGS Tensor, Inc., Hill Manufacturing Co., Cutting & Manufacturing, Water Valley, MS: Houston, TX: June 28, 1998 Warehousing Dept., Baxter Spring, August 9, 1998 TA–W–36,625; Phelps Dodge Refining KS and Sewing Dept., Adair, OK: TA–W–36,734; Jennings Mft. Co., Inc., Corp., a/k/a Phelps Dodge August 13, 1998 Jennings, LA: August 10, 1998 Industries, Inc., El Paso, TX: June TA–W–36,766; Foremost Mobile Drilling TA–W–35,772; Cross Country Apparel, 22, 1998 Co., Indianapolis, IN: August 17, Inc., Savannah, TN: August 5, 1998. TA–W–36,630; Tower Automotive, Inc., 1998 TA–W–36,679; ARCO Permian, TA–W–36,690; Globe Tailoring, Rockford, IL: July 23, 1998 Longview Gas Plant, Longview, TX: Cincinnati, OH: July 30, 1998 TA–W–36,258; Burlen Corp., Fitzgerald, July 22, 1998 TA–W–36,553; Buster Rich, d/b/a JPN GA: May 14, 1998 TA–W–36,569; West Texas Drilling Service Co., Denver City, TX: July 1, TA–W–36,414; Harrison Alloys, Inc., Fluids, Inc., Midland, TX: August 1998 Harrison, NJ: June 3, 1998 12, 1998 TA–W–36,780; Vans, Inc., Santa Fe TA–W–36,485, Emhart Glass Also, pursuant to Title V of the North Springs, CA: July 30, 1998 Manufacturing, Inc., Windsor, CT: American Free Trade Agreement TA–W–36,682; S. Schwab Co., June 14, 1999. Implementation Act (P.L. 103–182) Cumberland, MD: April 4, 1999 TA–W–36,424; Regiana Fashions, West concerning transitional adjustment TA–W–36,711; Petroplex Acidizing, New York, NJ: June 4, 1998 assistance hereinafter called (NAFTA– Midland, TX: July 28, 1998 TA–W–36,544; Guidon, Inc., Muskegon, TAA) and in accordance with Section TA–W–36,504; Galax Apparel Corp., MI: July 7, 1998 250(a), Subchapter D, Chapter 2, Title II, Galax, VA: June 23, 1998 TA–W–36,576; Texas Pipe Coupling, of the Trade Act as amended, the TA–W–36,581; Phelps Dodge Hidalgo, Div. of PMC Industries, Hughes Department of Labor presents Inc., Playas, NM: July 19, 1998 Spring TX: July 7, 1998 summaries of determinations regarding TA–W–36,645; Jet Composites, Inc., TA–W–36,551; Winer Industries, Inc., eligibility to apply for NAFTA–TAA Bluffton, IN: July 23, 1998 Paterson, NJ: July 2, 1998 issued during the month of September, TA–W–36,448; Wales Fabrics, Knitting TA–W–36,346; Green River Steel, 1999. Plant, Dye/Finishing Plant, Owensboro, KY: May 3, 1998 In order for an affirmative Gastonia, NC: June 8, 1998 TA–W–36,467; Kimberly-Clark Corp., determination to be made and a TA–W–36,460; Maine RuBber Int’l RIM Pulp Mill and Southeast certification of eligibility to apply for Shop, Scarborough, ME: June 12, Timberlands, Mobile, AL: June 14, NAFTA–TAA the following group 1998 1998 eligibility requirements of Section 250 TA–W–36,501; Becton-Dickinson, TA–W–36,080; Mead Corp., Binder of the Trade Act must be met: Hancock, NY: June 21, 1998 Dept., Mead School and Office (1) That a significant number or TA–W–35,426; Technifoam Mirror Craft, Products, Saint Joseph, MO: March proportion of the workers in the Ferrum, VA: June 3, 1998 25, 1998 workers’ firm, or an appropriate TA–W–36,549; F & M Manufacturing, TA–W–36,587; 5B’s, Inc., Martinsville, subdivision thereof, (including workers Inc., Westminster, MD: June 25, VA: June 28, 1998 in any agricultural firm or appropriate 1998 TA–W–36,590; Biochem subdivision thereof) have become totally TA–W–36,716; Philadelphia Glass Immunosystems, Inc., Allentown, or partially separated from employment Bending, Inc., Philadelphia, PA: PA: July 12, 1998 and either— August 12, 1998 TA–W–36,561; Oxford International (2) That sales or production, or both, TA–W–36,155; Athens Furniture Ltd., Chicago, IL: June 29, 1998 of such firm or subdivision have Industries, Inc., Statesville, NC: TA–W–36,151; Adflex Solutions, Inc., decreased absolutely, April 14, 1998 Chandler, AZ: April 20, 1998 (3) That imports from Mexico or TA–W–36,758; Blount, Inc., Spencer TA–W–36,599 & A; Plymouth Mills, Canada of articles like or directly Cylinders, Spencer, WI: August 9, Staten Island, NY and Brazos competitive with articles produced by 1998 Embroidery, Millersburg, PA: July such firm or subdivision have increased, TA–W–36,402; BWD Automotive of 10, 1998 and that the increases in imports Alabama, Selma, AL: June 2, 1998 TA–W–36,753; Sarah’s Attic, Chesaning, contributed importantly to such TA–W–36,726; Lone Star Mud, Inc., MI: August 18, 1998 workers’ separations or threat of Midland, TX: August 5, 1998 TA–W–36,640; Huck Jacobson, separation and to the decline in sales or TA–W–36,653; URI, Inc., Kingsville, TX: Kenilworth, NJ: July 19, 1998 production of such firm or subdivision; July 21, 1998 TA–W–36,547; Spalding Sport or TA–W–36,488; Overly-Raker, Inc., Worldwide, Inc., Gloversville, NY: (4) That there has been a shift in McConnelsburg, PA: June 17, 1998 June 29, 1998 production by such workers’ firm or

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Imports from NAFTA–TAA–03280; Caterpillar Work NAFTA–TAA–03331; Invensys Canada or Mexico did not contribute Tools, Dallas, OR Appliance Controls, New Stanton, importantly to workers’ separations. NAFTA–TAA–03372; Muskin Leisure PA: July 23, 1998 There was no shift in production from Products, Inc., Wilkes-Barre, PA NAFTA–TAA–03463; GKN Sinter the subject firm to Canada or Mexico NAFTA–TAA–03253; Wales Fabrics, Metals, Van Wert, OH: September during the relevant period. Knitting Plant, Dye/Finishing Plant, 14, 1998 NAFTA–TAA–03391; Marion Mills, LLC, Gastonia, NC NAFTA–TAA–03115; D and E Wood Marion, NC NAFTA–TAA–03368; American Meter Products, Prineville, OR: April 20, NAFTA–TAA–03348; AMP, Inc., Co, Industrial Products Business 1998 Clearwater, FL Unit, Erie, PA NAFTA–TAA–03431; John Crane, Inc., NAFTA–TAA–03172; California NAFTA–TAA–03133; Quality Veneer Crystal Falls, MI: August 11, 1998 Webbing Industries, Inc., Los and Lumber, Young and Morgan NAFTA–TAA–03394; C.R. Bard, Bard Angeles, CA Lumber Div., Lyons, OR Access Systems Div., Salt Lake City, NAFTA–TAA–03211; Ayers NAFTA–TAA–03350; Cross Country UT: July 9, 1998 Manufacturing Co., Inc., Coward, Apparel, Inc., Savannah, TN NAFTA–TAA–03462; Comptec, Inc., SC NAFTA–TAA–03321; American Custer, WA: September 3, 1998 NAFTA–TAA–03357; AMP, Inc., National Can, Longview, TX NAFTA–TAA–03385; MK Contract Pringed Circuit Board (PCB) Div., NAFTA–TAA–03411; Dresser Service, Inc., El Paso, TX: August Loganville West Plant, Building 143, Equipment Group, Roots Div., 19, 1998 Loganville, PA Connersville, IN NAFTA–TAA–03283; International NAFTA–TAA–03417; Salem Lumber NAFTA–TAA–03252; Ovalstrapping, Business Machines Corp. (IBM), Services, A Div. of Woodward and Inc., Hoquiam, WA Storage Systems Div., San Jose, CA: Dickerson, Salem, OR NAFTA–TAA–03436; Sarah’s Attic, June 21, 1998. ‘‘All workers engaged NAFTA–TAA–03409; AMP, Polymer Chesaning, MI in activities related to the Processing Center, Glen Rock, PA NAFTA–TAA–03139; R & M Energy production of RMSS products and NAFTA–TAA–03400; Ratholes, Inc., Systems, a/k/a flow Control sliders.’’ And ‘‘All workers engaged Snyder, TX Equipment, Borger, TX in activities related to the NAFTA–TAA–03356; Michael Foods, NAFTA–TAA–03309; Newcom, Inc., production of HDD products and Inc., Monark Eff Div., Kansas City, Westlake Village, CA activities of the HGA/HSA group MO NAFTA–TAA–03364; Dura Automotive are denied eligibility to apply of NAFTA–TAA–03384; Greif Bros. Corp., Systems, Inc., Spring Lake, MI NAFTA–TAA’’ Westfield, MA NAFTA–TAA–03228; Heel Rite Corp., NAFTA–TAA–03395; Ikon Office NAFTA–TAA–03312; Western Gas Wright City, MO Solutions, Remanufacturing Div., Resources, Inc., Midland, TX NAFTA–TAA–03279 & A, B, C; Jefferson City, MO: August 24, 1998 NAFTA–TAA–03354; Placer Dome Thomaston Mills, Inc., Thomaston, NAFTA–TAA–03413 & A; Louisiana Corp., Bald Mountain Mine, Elko, GA, Zebulon, GA, New York, NY, Pacific Corp., Chilco Sawmill, NY Los Angeles, CA Chilco, ID and Sandpoint Planer NAFTA–TAA–03288; Martin County The investigation revealed that the Mill, Sandpoint, ID: August 31, Residential Services, Inc., d/b/a criteria for eligibility have not been met 1998 Martin Enterprises, Williamston, NC for the reasons specified. NAFTA–TAA–03432; Amco Convertible NAFTA–TAA–03333; Biochem Fabrics, Adrian, MI: September 3, Immunosystems, Inc., Allentown, NAFTA–TAA–03430; Diesel Recon Co., 1998 PA Santa Fe Springs, CA NAFTA–TAA–03358; Brake Parts, Inc., NAFTA–TAA–03396; West Texas NAFTA–TAA–03399; John E. Fox, Inc., Amherst, NY: July 16, 1998 Drilling Fluids, Inc., Midland, TX El Paso, TX NAFTA–TAA–03452; Kanthal Globar, NAFTA–TAA–03355; Livingston NAFTA–TAA–03461; Scovill Fasteners, Niagara Falls, NY; September 13, Engineers, Inc., Sulphur, LA Inc., El Paso, TX 1998 NAFTA–TAA–03428; S & B Engineers & NAFTA–TAA–03371; Liz Claiborne, NAFTA–TAA–03244; Midwestco Constructors, Ltd, Odessa, TX Inc., El Paso, TX Enterprises, Inc., Chicago, IL: May NAFTA–TAA–03338; Huck Jacobson, NAFTA–TAA–03346; Fastrac Railroad 26, 1998 Kenilworth, NJ Construction, Ely, NV NAFTA–TAA–03392; Rexam Medical NAFTA–TAA–03419; Milco Industries, NAFTA–TAA–03341; Western States Packaging, Madison, WI: August 24, Inc., Bloomsburg, PA Minerals Corp., Reno, NV 1998 NAFTA–TAA–03381; Pleasant Hill NAFTA–TAA–03412; Doyon Universal NAFTA–TAA–03401; Hunter Sadler, Manufacturing Co., Cutting and Services, Inc., Anchorage, AK Tupelo, MS: August 19, 1998 Warehouse Dept., Baxter Springs, The investigation revealed that the NAFTA–TAA–03458; Rama Group of KS workers of the subject firm did not Companies, Inc., Charm Graphics, NAFTA–TAA–03380; Pleasant Hill produce an article within the meaning Cheektowaga, NY: August 11, 1998 Manufacturing Co., Sewing Dept., of Section 250(a) of the Trade Act, as NAFTA–TAA–03337; Vision-Ease Lens, Adair, OK amended. Inc., St. CLoud, MN: June 30, 1998

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‘‘All workers who produced plastic DEPARTMENT OF LABOR DEPARTMENT OF LABOR lenses’’ and ‘‘All workers who were engaged in the production of glass Employment and Training Employment and Training lenses are denied eligibility to apply Administration Administration for NAFTA–TAA’’ NAFTA–TAA–03200; Anderson Bros. & [TA±W±36,825] [TA±W±36,733] Johnson Co., Inc., Wausau, WI: May 21, 1998 Chahta Enterprise, Dekalb, MS; Notice Pabst Engineering, Onalaska, WI; NAFTA–TAA–03370; Fahnos Apparel, of Termination of Investigation Notice of Termination of Investigation Inc., El Paso, TX: August 18, 1998 NAFTA–TAA–03373; Foremost Mobile Pursuant to section 221 of the Trade Pursuant to section 221 of the Trade Drilling Co., Indianapolis, IN: Act of 1974, an investigation was Act of 1974, an investigation was August 17, 1998 initiated on September 13, 1999 in initiated on August 23, 1999 in response to a worker petition which was filed on NAFTA–TAA–03353 & A, B; Sara Lee response to a worker petition which was behalf of workers at Pabst Engineering, Sock Co., Finishing Plant, High filed on behalf of workers at Chahta Point, NC and Mt. Airy, NC, Enterprise, Dekalb, Mississippi. Onalaska, Wisconsin. Seaming Dept., Kernersville, NC: All workers of the subject film are All workers of the subject firm are August 16, 1998 included under an investigation included under an investigation NAFTA–TAA–03322; Jet Composites, currently in process (TA–W–36,641). currently in process (TA–W–36,638). Inc., Bluffton Plant, Bluffton, IN: Consequently, further investigation in Consequently, further investigation in July 23, 1998 this case would serve no purpose, and this case would serve no purpose, and NAFTA–TAA–03366; Tandycrafts, Inc., the investigation has been terminated. the investigation has been terminated. d/b/a Tandy Leather Co., Ft. Worth, Signed at Washington, D.C. this 28th day Signed at Washington, D.C. this 24th day TX: August 18, 1998 of September 1999. of September 1999. NAFTA–TAA–03313; Bunger Steel, Inc., Grant D. Beale, Grant D. Beale, Phoenix, AZ: July 19, 1998 Program Manager, Office of Trade Program Manager, Office of Trade NAFTA–TAA–03264; Maine Rubber Int’l Adjustment Assistance. Adjustment Assistance. RIM Shop, Scarborough, ME: June [FR Doc. 99–26763 Filed 10–13–99; 8:45 am] [FR Doc. 99–26764 Filed 10–13–99; 8:45 am] 12, 1998 BILLING CODE 4510±30±M BILLING CODE 4510±30±M NAFTA–TAA–03259; Unitog, Concordia, MO: June 7, 1998 NAFTA–TAA–03362; Blount, Inc., DEPARTMENT OF LABOR DEPARTMENT OF LABOR Spencer Cylinders, Spencer, WI: August 9, 1998 Employment and Training Employment and Training NAFTA–TAA–03329; Ultramar Administration Administration Diamond Shamrock, Total Petroleum Products Div. (TPI), [TA±W±36,793/ [TA±W±36,813] Alma, MI: June 8, 1998 NAFTA–TAA–03050; Mead Corp., Mead McWilliam Forge, Rockaway, NJ; Thomson Financial Company Investext School and Office Products, Binder Notice of Termination of Investigation Group, Boston, MA; Notice of Dept., Saint Joseph, MO: March 24, Termination of Investigation 1998 Pursuant to section 221 of the Trade Pursuant to section 221 of the Trade NAFTA–TAA–03422; Crescent/U.S. Act of 1974, an investigation was Act of 1974, an investigation was Mat, LLC, Seattle, WA: August 27, initiated on September 7, 1999, in initiated on September 7, 1999 in 1998 response to a worker petition which was filed on behalf of workers at McWilliam response to a worker petition which was NAFTA–TAA–03315; Justin Boot Co., Forge, Rockaway, New Jersey. filed on behalf of workers and former Fort Worth, TX: July 21, 1998 workers at the Investext Group of The petition seeking Trade NAFTA–TAA–03383; Glenoit Corp., Thomson Financial Company, located Adjustment Assistance was signed by Jacksboro, TN: August 23, 1998 in Boston, Massachusetts (TA–W– only one person, who was not I hereby certify that the 36,813). authorized by the subject firm to file the aforementioned determinations were petition as a company official, and who The petitioning group of workers are issued during the month of September, was not an authorized representative of subject to an ongoing investigation for 1999. Copies of these determinations are the workers, two requirements of the which a determination has not yet been available for inspection in Room C– issued (TA–W–36,616). 4318, U.S. Department of Labor, 200 regulations at 29 CFR 90.11(b). Constitution Avenue, NW, Washington, Consequently, the petition is invalid Consequently, further investigation in DC 20210 during normal business hours and the investigation has been this case would serve no purpose, and or will be mailed to persons who write terminated. the investigation has been terminated. to the above address. Signed at Washington, D.C. this 21st day of Signed at Washington, DC this 16th day of Dated: October 7, 1999. September, 1999. September 1999. Grant D. Beale, Grant D. Beale, Grant D. Beale, Program Manager, Office of Trade Program Manager, Office of Trade Program Manager, Office of Trade Adjustment Assistance. Adjustment Assistance. Adjustment Assistance. [FR Doc. 99–26767 Filed 10–13–99; 8:45 am] [FR Doc. 99–26762 Filed 10–13–99; 8:45 am] [FR Doc. 99–26765 Filed 10–13–99; 8:45 am] BILLING CODE 4510±30±M BILLING CODE 4510±30±M BILLING CODE 4510±30±M

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DEPARTMENT OF LABOR remainder portion of the former Ladd threatened or endangered species have Center (approximately 270 acres) is been located on the subject property. Employment and Training targeted for commercial property The site will require an archaeological Administration development by the Rhode Island assessment in order to conform with the Economic Development Corporation National Historic Preservation Act. Job Corps: Preliminary Finding of No (EDC). According to the Rhode Island Historic Significant Impact (FONSI) for the New The site of the proposed Exeter Job Preservation & Heritage Commission, Job Corps Center Located off of Corps Center is located in a rural area the site lies in a very sensitive area Schoolland Woods Road in Exeter, RI in northern Washington County, which concerning cultural resources. One (1) AGENCY: Employment and Training lies in the southern portion of the State known pre-colonial Indian site (RI–931) Administration, Labor. of Rhode Island. The site is currently is located at the northwest corner of the developed with facilities from the Former Ladd Center parcel. Another ACTION: Preliminary Finding of No Significant Impact (FONSI) for the New former Ladd Center, which served as an known site, (RI–962), lies nearby. Job Corps Center to be located off of institution for the care and Neither of these known historic sites is Schoolland Woods Road in Exeter, rehabilitation of developmentally located on or adjacent to the proposed Rhode Island. disabled persons of the State of Rhode Job Corps Center. The environmental Island. The State of Rhode Island has characteristics of the location (well- SUMMARY: Pursuant to the Council on owned the site since at least 1907. The drained soils, level topography and Environmental Quality Regulation (40 facilities were constructed between the abundance of freshwater wetlands) CFR Part 1500–08) implementing years of 1914 and 1965. All of the strongly suggest the presence of procedural provisions of the National buildings have been abandoned for the additional archaeological sites. The EDC Environmental Policy Act (NEPA), and past eight to ten years. These buildings is currently conducting an archeological the Department of Labor, Employment will require extensive renovation but assessment for the overall Ladd Center and Training Administration, Office of were built for specific uses that will redevelopment. The construction and Job Corps, in accordance with 29 CFR mirror the Job Corps’ needs. operation of the proposed facility will 11.11(d), gives notice that an The proposed Exeter Job Corps Center be conducted to minimize adverse Environmental Assessment (EA) has will be a partially new and partially impacts to historically significant or been prepared and the proposed plans refurbished facility utilizing a campus archeologically sensitive areas. The for a new Job Corps Center will have no setting. The facility will consist of Department of Labor will design and significant environmental impact. This several buildings which will support a develop the project in compliance with Preliminary Finding of No Significant proposed capacity of 200 Resident all State and Tribal Historic Impact (FONSI) will be made available Students. The buildings will include Preservation requirements. for public review and comment for a dormitories, vocational shops, Air quality and noise levels should period of 30 days. maintenance and warehouse facilities, a not be affected by the proposed DATES: Comments must be submitted by cafeteria, a physical fitness center, development project in this Special November 15, 1999. administration and support facilities, Zoning District in Exeter, Rhode Island. and classroom facilities. The gross area Due to the nature of the proposed ADDRESSES: Any comment(s) are to be of the facility will be approximately project, it would not be a source of air submitted to Michael O’Malley, 111,110 square feet (This square footage pollutants or additional noise, except Employment and Training does not include the proposed outdoor possibly during construction of the Administration, Department of Labor, recreation areas). The developed site facility. The proposed Job Corps Center 200 Constitution Avenue, NW, Room N– will be approximately 19.65-acres of will not significantly increase the 4659, Washington, DC, 20210, (202) land, which will be leased for a 50-year vehicle traffic in the vicinity. If air and 219–5468 ext. 115 (this is not a toll-free term by the Department of Labor from noise pollution permits are required, all number). the State of Rhode Island. pollution sources will be permitted in FOR FURTHER INFORMATION CONTACT: The construction/renovation of the compliance with applicable pollution Copies of the EA and additional Job Corps Center on this abandoned, control requirements. information are available to interested developed site would be a positive asset The proposed project will not have parties by contacting Marcus Gray, to the area in terms of environmental any significant adverse impact on the Regional Director, Office of Job Corps— and socioeconomic improvements, and surrounding water utility infrastructure, Region I, JFK Federal Building, Room E– long-term productivity. The proposed represented by water, sewer, and storm 350, Boston, MA 02203, (617) 565–2179 Job Corps Center will be a new source water systems. Water will be provided (this is not a toll-free number). of employment opportunity for people by the existing on-site wells and SUPPLEMENTARY INFORMATION: This in the Exeter, Rhode Island area. The Job distribution system. The Rhode Island Environmental Assessment (EA) Corps program provides basic Department of Health provides water addresses the proposed re-use of a small education, vocational skills training, quality testing of public drinking water. portion of the former Ladd Center for work experience, counseling, health The groundwater classification is GA/ the proposed Exeter Job Corps Center. care and related support services. This GAA groundwater, which is suitable for The EA identifies the subject property program is designed to graduate direct human consumption. On-site for the proposed facility as an students who are ready to participate in systems include three (3) wells, two (2) approximately 19.65-acre site located on the local economy. pumping stations and two (2) storage Schoolland Woods Road, west of South The proposed project will not have tanks. The site is currently equipped County Trail Route 2, in Map ID 67, any significant adverse impact on any with an eight (8) inch loop that is Block 4, Lot 1, in the City of Exeter, natural system or resource. All reportedly adequate for the proposed Washington County, Rhode Island. The construction or development activities usage. The condition of the distribution proposal is to refurbish selected that will possibly impact jurisdictional systems will require testing and possible buildings of the former Ladd Center and wetland areas will be in compliance upgrading by the EDC as necessary. construct additional buildings to create with all federal and state requirements. The Rhode Island Department of a campus setting in a rural location. The No state or federal, proposed or listed, Environmental Management (RIDEM)

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Due to the constructed in accordance with all This portion of Washington County adaptability of the existing structures on applicable RIDEM design, permitting, has a variety of transportation resources. the site, the lack of alternative and modeling requirements. The sewage Three interstate highways, U.S. construction sites, and the absence of treatment and disposal system will be Interstate-95, U.S. Interstate-4, and U.S. any identified adverse environmental designed and constructed to minimize Interstate-1, and a system of state impacts from locating a Job Corps impacts to the local ground water highways serve the subject property Center at the subject property, the overlay district. The EDC has indicated area. The West Kingston Amtrak Station ‘‘Continue Construction as Proposed’’ that the abandoned off-site sewage is located approximately three (3) miles alternative was selected. digester will be de-commissioned as from the subject property. Commercial Based on the information gathered necessary to comply with all applicable air service is found at the T. F. Green during the preparation of the EA, no State and Federal regulations. Airport in Warwick, Rhode Island, environmental liabilities, current or Storm water runoff from parking lots, which is approximately twelve (12) historical, were found to exist on the sidewalks, and other structures will be miles from the subject property. The proposed Job Corps Center site. The managed in accordance with the Rhode Island Public Transit (RIPT) construction of a Job Corps Center on requirements of the RIDEM Office of which operates a bus system statewide the undeveloped parcel located off of Water Resources/Permitting and the provides public transportation. Seven Schoolland Woods Road in Exeter, EPA program, and is not anticipated to days a week service is provided on one Rhode Island will not create any adversely impact area surface-water of the routes running along Route 2, significant adverse impacts on the quality. Currently, the proposed site is which is a state route with a boarding environment. minimally equipped with storm sewers point approximately 0.7-miles from the and catch basins. The majority of the proposed center. Dated at Washington, DC, this 6th day of site is composed of a natural surface The proposed project will have no October, 1999. (unpaved) which does not contribute significant adverse affects on the local Mary Silva, significant run-off to the nearby medical, emergency, fire and police Director of Job Corps. jurisdictional wetlands. Additional services. The primary medical provider [FR Doc. 99–26760 Filed 10–13–99; 8:45 am] storm sewers will be built as necessary located closest to the subject property is BILLING CODE 4510±30±P to manage storm water flow from the Job South County Hospital. This facility is Corps Center. located approximately ten (10) miles The State of Rhode Island and the from the subject property. Security DEPARTMENT OF LABOR Rhode Island Resource Recovery Inc. services at the Exeter Job Corps will be jointly operate the State Central provided by the center’s staff with two Employment and Training Landfill. The State of Rhode Island is in (2) personnel on the day shift, three (3) Administration the process of closing the smaller local on evening shift, and two (2) on the landfills and centralizing all solid waste night shift. The proposed Center will be Job Corps: Preliminary Finding of No to the Central Landfill location. between the cities of Exeter and Significant Impact (FONSI) for the New Representatives of the RIDEM Solid Fisherville, Rhode Island. The police Job Corps Center Located off of Waste Program reported that the Central department providing police services to Overlook Terrace within the Charter Landfill has no specific estimated the proposed subject property is the Oak Business Park in Hartford, CT remaining life due to phased expansions Rhode Island State Police, which is AGENCY: Employment and Training of the landfill. Each city, such as the located approximately five (5) miles City of Exeter, has transfer stations from the subject property. Administration, Labor. where private citizens must bring all The closest fire station to the project ACTION: Preliminary Finding of No solid waste. Private transporters can be site is Station #1, located approximately Significant Impact (FONSI) for the New hired to transport waste to these stations one (1) mile south of the subject Job Corps Center to be located off of or the Central Landfill. The majority of property on State Route 2. The Exeter Overlook Terrace within the Charter commercial operations hire private Fire Department is a full time Oak Business Park in Hartford, transporters and this will be the case for emergency response agency providing Connecticut. the proposed Job Corps facility. 24-hour service. The Exeter area utilizes The State of Rhode Island has a the 911 emergency call system for all SUMMARY: Pursuant to the Council on current recycling program called the emergencies including fire and police. Environmental Quality Regulation (40 ‘‘OSCAR’’ or ‘‘Blue-Basket ‘‘ Program. All emergency services are adequate for CFR part 1500–08) implementing Statewide participation in the recycling the project. procedural provisions of the National program is mandatory. The above- The alternatives considered in the Environmental Policy Act (NEPA), and mentioned private transporters will also preparation of the EA were as follows: the Department of Labor, Employment transport recyclable materials. The Job (1) No Action; (2) Construction at an and Training Administration, Office of Corps Center will participate in all Alternate Site; and (3) Continue Job Corps, in accordance with 29 CFR mandated recycling programs. Construction as Proposed. The ‘‘No 11.11(d), gives notice that an Narragansett Electric provides electric Action’’ alternative was not selected. Environmental Assessment (EA) has service to the project area. Providence The ‘‘Alternate Site’’ alternative was not been prepared and the proposed plans Gas Company provides natural gas to selected. The U. S. Department of Labor, for a new Job Corps Center will have no the area, and Diamond State Telephone Employment and Training significant environmental impact. This Company provides telephone service. Administration (DOL/ETA) solicited Preliminary Finding of No Significant All of these utilities have facilities in proposals for alternative properties on Impact (FONSI) will be made available

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The construction of the Job Corps the wastewater flow from the proposed ADDRESSES: Any comment(s) are to be Center on this undeveloped parcel center. submitted to Michael O’Malley, would be a positive asset to the area in The capacity of the existing storm Employment and Training terms of environmental and drainage distribution system at the site Administration, Department of Labor, socioeconomic improvements, and long- is considered adequate for the proposed 200 Constitution Avenue, NW, Room N– term productivity. The proposed Job use. There are no retention/detention 4659, Washington, DC, 20210, (202) Corps Center will be a source of requirements for this property, and 219–5468 ext. 115 (this is not a toll-free employment opportunity for people in there are adequate storm water outfalls. number). the Hartford, Connecticut area. The Job No impact to downstream properties or Corps program provides basic surface waters is expected from storm FOR FURTHER INFORMATION CONTACT: education, vocational skills training, water run-off from this site. Storm water Copies of the EA and additional work experience, counseling, health runoff from parking lots, sidewalks, and information are available to interested care and related support services. This other structures on the proposed Job parties by contacting Marcus Gray, program is designed to graduate Corps Center will be managed in Regional Director, Region I (One) Office students who are ready to participate in accordance with the requirements of the of Job Corps, JFK Federal Building, the local economy. Connecticut Department of Room E–350, Boston, MA 02203, (617) The proposed project will not have Environmental Protection (CDEP), 565–2179 (this is not a toll-free any significant adverse impact on any Bureau of Water Management. number). natural system or resource. Construction The City of Hartford Resource SUPPLEMENTARY INFORMATION: The and development activities will not Recovery Authority operates the subject property is within the Charter impact jurisdictional wetlands. There Hartford Landfill. The estimated life Oak Business Park in Hartford, Hartford are no ‘‘historically significant’’ remaining at the landfill is 3–5 years for County, Connecticut. The subject buildings on the site and no areas of by-pass waste, and 10–12 years for ash property can be accessed via Overlook archaeological significance. No state or from the waste energy plant. The Terrace, a paved roadway. The EA federal, proposed or listed, threatened Resource Recovery Authority operates indicates the subject property consists or endangered species have been located the waste energy plant to reduce solid of an approximately 12-acre parcel of on the subject property. waste entering the landfill. The City of land, identified by the Hartford County Air quality and noise levels should Hartford collects residential solid waste, Property Identification Number 0299, not be affected by the proposed and private transporters collect located in Map 105, Block 002, Lot 001. development project in Hartford, commercial solid waste. All solid waste The subject property is undeveloped, Connecticut., except possibly generated during construction and recently cleared land (former public temporarily during construction of the operation of the center will be disposed housing). The vicinity (one eight mile) facility. If air and noise pollution of in accordance with applicable waste around the subject property has permits are required, all pollution management regulations. undeveloped parcels (demolished sources will be permitted in compliance Connecticut Light and Power provides public housing) of land as well as land with applicable pollution control electric service services to the project developed with commercial, industrial, requirements. The proposed Job Corps area. Natural gas is provided to the area and residential properties. Center will not significantly increase by Connecticut Natural Gas, and The proposed site of the Hartford Job vehicle traffic in the vicinity. telephone service is provided by Corps Center is located in an area The proposed project will not have Southern New England Telephone. All characterized by a suburban setting any significant adverse impact on the of the utilities have facilities and southwest of downtown Hartford. The surrounding water infrastructure, infrastructure which are adequate to site lies on the former location of the represented by water, sanitary sewer, provide the required service. The Charter Oak Terrace public housing and storm water systems. The proposed increased demand on the project, which was built in 1941–1942. Metropolitan District Committee will building utilities is not expected to have The public housing project has recently provide a new eight-inch water main. a significant adverse affect on the been demolished. The site is currently The new water main will have a flow/ environment. undeveloped and consists of sparsely pressure of 100 pounds per square inch The Hartford area has a variety of scattered evergreen and deciduous (psi). The new water main and transportation resources. Five interstate clusters. distribution systems will be designed to highways, U.S. Interstate-84, U.S. The proposed Hartford Job Corps meet the needs of the Job Corps Facility Interstate-91, U.S. Interstate-2, I–3 and Center will be a totally new facility and future developments that may arise U.S. Interstate-5; several major federal utilizing a campus setting. The facility in the vicinity. routes; and a system of state highways will consist of several buildings which The new southwest sanitary sewer serve the Hartford area. Passenger rail will support 200 Non-resident Students. interceptor (57-inch gravity sewer line) service is provided by Amtrak, which Classroom space will be provided in an lies east of the site and will provide has a station located approximately 3- education building. There will also be a sewer service for the proposed Job Corps miles from the subject property at vocational education building, a Center. This line continues Church Street and Union Street. cafeteria/culinary arts building, a approximately two miles north until it Commercial air service is found at recreation building, an administration reaches the Pope Park Highway #4 Rentschler Airport, which is and medical/dental building, and a siphon structure. At this point, the line approximately 4.5 miles from the maintenance/warehouse building. The merges with the Jefferson Street subject property. The Connecticut gross area of the facility will be 60,160 interceptor (54-inch gravity sewer line). Transit Authority (CTA) operates a bus square feet (This square footage does not This line merges with the Connecticut system providing public transportation include the proposed outdoor recreation River interceptor (78-inch gravity sewer in Hartford. Daily service is provided on areas). The developed site will be line) and continues to the Hartford one of the routes running along Flatbush

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Avenue and Newfield Avenue to socioeconomic characteristics of the Free Trade Agreement—Transitional downtown Hartford. The nearest area. Adjustment Assistance Implementation boarding point is on Flatbush Avenue The alternatives considered in the Act (Pub. L. 103–182), hereinafter called approximately 800 feet from the subject preparation of this EA were as follows: (NAFTA–TAA), have been filed with property. The proposed project will (1) No Action; (2) Construction at an State Governors under Section 250(b)(1) have no significant adverse impacts on Alternate Site; and (3) Continue of Subchapter D, Chapter 2, Title II, of transportation services in the Construction as Proposed. The ‘‘No the Trade Act of 1974, as amended, are community. Action’’ alternative was not selected. identified in the Appendix to this There will be no significant increase The ‘‘Alternate Site’’ alternative was not Notice. Upon notice from a Governor in demand for local medical, selected. The U. S. Department of Labor that a NAFTA–TAA petition has been emergency, fire and police services from solicited proposals for new Job Corps received, the Director of the Office of the proposed project. The primary care Center sites on March 10, 1998, and Trade Adjustment Assistance (OTAA), facility located closest to the subject received five proposals. Of the five site Employment and Training property is the St. Francis Memorial proposals, the only site within the State Administration (ETA), Department of Hospital. There are also private medical of Connecticut was the subject property Labor (DOL), announces the filing of the facilities located throughout the on Overlook Terrace. Due to the petition and takes action pursuant to Hartford area. Security services at the suburban location, the lack of paragraphs (c) and (e) of Section 250 of Hartford Job Corps will be provided by alternative construction sites, and the the Trade Act. the center’s staff, with two personnel on absence of any identified adverse The purpose of the Governor’s actions the day shift, three on evening shift, and environmental impacts from locating a and the Labor Department’s two on the night shift. Police services to Job Corps Center at the subject property, investigations are to determine whether the ‘‘Continue Construction as the proposed subject property will be the workers separated from employment Proposed’’ alternative was selected. provided by the Hartford Police on or after December 8, 1993 (date of Department, which is located Based on the information gathered during the preparation of the EA, no enactment of Pub. L. 103–182) are approximately six (6) miles from the eligible to apply for NAFTA–TAA under subject property. The state police assist environmental liabilities, current or historical, were found to exist on the Subchapter D of the Trade Act because the city police and county sheriff as of increased imports from or the shift in necessary. proposed Job Corps Center site. The construction of a Job Corps Center on production to Mexico or Canada. The City of Hartford will provide fire The petitioners or any other persons protection. The closest fire station to the the undeveloped parcel located off of Overlook Terrace within the Charter showing a substantial interest in the project site is the Hartford Fire subject matter of the investigations may Department Station located at Pearl Oak Business Park in Hartford, Connecticut, will not create any request a public hearing with the Street, which is approximately 0.25 Director of OTAA at the U.S. miles from the project site. Backup significant adverse impacts on the environment. Department of Labor (DOL) in assistance will be provided by the fire Washington, D.C. provided such request station at 611 Liberty Street. The Dated at Washington, DC, this 6th day of October, 1999. if filed in writing with the Director of Hartford Fire Department is a full time OTAA not later than October 25, 1999. emergency response agency providing Mary Silva, Also, interested persons are invited to 24-hour service. The Hartford area Director of Job Corps. submit written comments regarding the utilizes the 911 emergency call system [FR Doc. 99–26761 Filed 10–13–99; 8:45 am] subject matter of the petitions to the for all emergencies including fire and BILLING CODE 4510±30±P Director of OTTA at the address shown police. All emergency services in the below not later than October 25, 1999. area are adequate to meet the needs of the proposed Job Corps Center. DEPARTMENT OF LABOR Petitions filed with the Governors are The proposed project will not have a available for inspection at the Office of significant adverse sociological effect on Employment and Training the Director, OTAA, ETA, DOL, Room the City of Hartford community. The Administration C–4318, 200 Constitution Avenue, NW, Washington, DC 20210. area is characterized by a fairly diverse Investigations Regarding Certifications ethnicity, and offers numerous of Eligibility To Apply for NAFTA Signed at Washington, DC this 4th day of October, 1999. educational and recreational Transitional Adjustment Assistance opportunities. Similarly, the proposed Grant D. Beale, project will not have a significant Petitions for transitional adjustment Program Manager, Office of Trade adverse affect on demographic and assistance under the North American Adjustment Assistance.

Appendix

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

Blount (Co.) ...... Spencer, WI ...... 08/16/1999 NAFTA±3,362 Hydraulic cylidners. Amron L.L.C. (Wkrs) ...... Waukesha, WI ...... 08/16/1999 NAFTA±3,363 Air bags Dura Automotive Systems (Co.) Spring Lake,MI ...... 08/11/1999 NAFTA±3,364 Spare Tire Carriers. Wellman (UNITE) ...... Johnsonville, SC ...... 08/11/1999 NAFTA±3,365 Wool. Tandycrafts (Co.) ...... Ft. Worth, TX ...... 08/20/1999 NAFTA±3,366 Leather goods. Jennings Manufacturing (Co.) .... Jennings, LA ...... 08/17/1999 NAFTA±3,367 Men's dress slacks. American Meter (IUE) ...... Erie, PA ...... 08/19/1999 NAFTA±3,368 Machining of parts for meters. Superior EssexÐEssex Group Pauline, KS ...... 08/19/1999 NAFTA±3,369 Finished copper rod. (USA).

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

Fahnos Apparel (Co.) ...... El Paso, TX ...... 08/18/1999 NAFTA±3,370 Jeans, skirts and shirts. Liz Claiborne (UNITE) ...... El Paso, TX ...... 08/18/1999 NAFTA±3,371 Technical inspection. Muskin Leisure Products (IUE) .. Wilkes-Barre, PA ...... 08/17/1999 NAFTA±3,372 Above ground swimming pools, etc. Foremost Mobile Drilling (Wkrs) Indianapolis, IN ...... 08/17/1999 NAFTA±3,373 Earth boring equipment. High View Church FarmÐJolly Lempster, NH ...... 08/11/1999 NAFTA±3,374 Greenhouse. Farmer (Wkrs). Brubaker Tool (USWA) ...... Millersburg, PA ...... 08/19/1999 NAFTA±3,375 Cutting tools, taps and end mills. Darex (Wkrs) ...... Ashland, OR ...... 08/20/1999 NAFTA±3,376 Drill sharpeners. General Electric (IUE) ...... Tell City, IN ...... 08/16/1999 NAFTA±3,377 Motor parts. Xerox Corporation (Wkrs) ...... La Palma, CA ...... 08/23/1999 NAFTA±3,378 Telephone customer services. Sun Country (Wkrs) ...... Albuquerque, NM ...... 08/10/1999 NAFTA±3,379 Jet engine parts. Pleasant Hill (Wkrs) ...... Adair, OK ...... 08/23/1999 NAFTA±3,380 Men's and women's casual jackets. Pleasant Hill (UFCW) ...... Baxter Springs, KA ...... 08/21/1999 NAFTA±3,381 Men's and women's casual jackets. Durkopp Adler American (Co.) ... Norcross, GA ...... 08/23/1999 NAFTA±3,382 Sewing equipment replacement parts. Glenoit (Co.) ...... Jacksboro, TN ...... 08/23/1999 NAFTA±3,383 Silver knit pile fabric. MK Contract Service ...... El Paso, TX ...... 08/24/1999 NAFTA±3,385 Cutting. Dyersburg (Co.) ...... Elizabethtown, NC ...... 08/24/1999 NAFTA±3,386 Knit fabric. Garan (Wkrs) ...... Adamsville, TN ...... 08/12/1999 NAFTA±3,387 Girls and boys shirts. Deerlodge Apparel (Wkrs) ...... Deerlodge, TN ...... 08/24/1999 NAFTA±3,388 Ladies apparel. BHP Minerals (Wkrs) ...... Reno, NV ...... 08/27/1999 NAFTA±3,389 Mineral and ore sample analysis. Rama GroupÐCharm Graphics Checktowaga, NY ...... 08/18/1999 NAFTA±3,390 Newspaper inserts and printed ads. (Wkrs). Marion Mills (Wkrs) ...... Marion, NC ...... 08/25/1999 NAFTA±3,391 Textile woven cloth. Rexam Medical Packaging Madison, WI ...... 08/24/1999 NAFTA±3,392 preform bags. (Wkrs). Turnkey InternationalÐMonitor Durham, NC ...... 08/25/1999 NAFTA±3,393 Division. Bard Access Systems Division Salt Lake City, UT ...... 07/09/1999 NAFTA±3,394 Medical catheters. (Co.). Ikon Office Solutions (Wkrs) ...... Jefferson City, MO ...... 08/24/1999 NAFTA±3,395 Copy machines, sorters and document feeder. West Texas Drilling Fluids Midland, TX ...... 08/24/1999 NAFTA±3,396 Oil and gas. (Wkrs). L.B. Russell Chemicals (Co.) ..... Piscataway, NJ ...... 08/30/1999 NAFTA±3,397 Photographic chemicial solutions. Dor-O-MaticÐIngersoll Rand Harwood, IL ...... 08/27/1999 NAFTA±3,398 Hardware. (Wkrs). John E. Fox (Wkrs) ...... El Paso, TX ...... 08/24/1999 NAFTA±3,399 Sewing and cutting machine distribu- tors. Ratholes (Co.) ...... Snyder, TX ...... 08/17/1999 NAFTA±3,400 Drilling for crude oil. Hunter Sadler (Co.) ...... Tupelo, MS ...... 08/19/1999 NAFTA±3,401 Men's suits. Van Leer (Wkrs) ...... Jersey City, NJ ...... 08/20/1999 NAFTA±3,402 Chocolate products. CTI Ancor (Wkrs) ...... Greenbay, WI ...... 08/30/1999 NAFTA±3,403 Poly crete unicells. Thomas and Betts (Co.) ...... Ken, WA ...... 08/30/1999 NAFTA±3,404 Megaflex product. Lapine Forestry Services (Co.) .. La Pine, OR ...... 08/25/1999 NAFTA±3,405 Post and poles. Funtime Sportswear (Wkrs) ...... Moscow, PA ...... 08/30/1999 NAFTA±3,406 Sports bars and shorts. General Electric (IUE) ...... Tell City, IN ...... 08/26/1999 NAFTA±3,407 Induction motors. L.D. McFarland (Wkrs) ...... Sandpoint, ID ...... 08/23/1999 NAFTA±3,408 Cedar poles. AMP, Inc (Wkrs) ...... Glen Rock, PA ...... 08/31/1999 NAFTA±3,409 Thermo Plastics. Ray Ban Sun Optics (Comp) ..... Rochester, NY ...... 08/31/1999 NAFTA±3,410 Sunglasses. Dresser Equipment Group Connersville, IN ...... 08/31/1999 NAFTA±3,411 Rotary blower. (UAW). Doyon Universal Services, Inc Anchorage, AK ...... 08/30/1999 NAFTA±3,412 Oil Drilling. (Wkrs). Louisiana Pacific (Wrks) ...... Sandpoint, ID ...... 08/31/1999 NAFTA±3,413 Dimension lumber. Ketchikan Pulp Co. (Wrks) ...... Ketchikan, AK ...... 08/31/1999 NAFTA±3,414 Lumber. AMP, Inc (Wrks) ...... Middletown, PA ...... 09/02/1999 NAFTA±3,415 Fiber Optic Connectors. Diversified Trucking (Comp) ...... Opelika, AL ...... 09/02/1999 NAFTA±3,416 Trucking Service. Woodward and Dickerson Salem, OR ...... 09/01/1999 NAFTA±3,417 Door and Window Components. (Wrks). F.G. Montabert Co...... Midland Park, NJ ...... 08/16/1999 NAFTA±3,418 Woven Labels for Clothing. Milco Industries, Inc (TGWA) ..... Bloomsburg, PA ...... 09/07/1999 NAFTA±3,419 Ladies' intimate apparel. Millennium Textiles (Wrks) ...... Buchanan, GA ...... 09/07/1999 NAFTA±3,420 Linens, Tableclothes, Napkins. UNITOG Co ...... Warrensburg, MO ...... 06/16/1999 NAFTA±3,421 Uniforms. Crescent/US Mat, LLC (KCRSC) Seattle, WA ...... 08/31/1999 NAFTA±3,422 Matboards for picture frames. Trinity Industries, Inc ...... Greenville, PA ...... 09/13/1999 NAFTA±3,423 Rail Road Cars, Grain Cars. Oremet-Wah Chang (Wrks) ...... Albany, OR ...... 09/07/1999 NAFTA±3,424 Stainless Steel Products. Cooper Cameron (Wrks) ...... Ville Platte, LA ...... 09/13/1999 NAFTA±3,425 Oil Field Equipment. Kinetic Concepts, Inc (Wrks) ...... San Antonio, TX ...... 09/13/1999 NAFTA±3,426 High Tech Products. Fleetwood Shirt Corp ...... Fleetwood, PA ...... 09/07/1999 NAFTA±3,427 Men's Dress and Sport Shirts. S and B Engineers and Con- Odessa, TX ...... 09/13/1999 NAFTA±3,428 Petrochemical plants & refineries. struction (Wrks).

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

Cooper Industries, Inc ...... Syracuse, NY ...... 09/09/1999 NAFTA±3,429 Commercial and Industrial Fittings. Diesel Recon (Co.) ...... Santa Fe Springs, CA ...... 09/04/1999 NAFTA±3,430 Diesel engines components. John Crane, Inc (Comp) ...... Crystal Falls, MI ...... 08/18/1999 NAFTA±3,431 Automotive Seals. Amco Convertible Fabrics Adrian, MI ...... 09/08/1999 NAFTA±3,432 Automobile Convertible Top Fabrics. (Comp). Dura Convertible Systems, Inc .. Adrian, MI ...... 09/03/1999 NAFTA±3,433 Automobile Assembly Operations. TRW, Inc (Wrks) ...... Washington, MI ...... 09/08/1999 NAFTA±3,434 Module Housing Stampings. ITW (Comp) ...... Arlington, TX ...... 09/13/1999 NAFTA±3,435 Packaging Tubes and Tape. Sarah's Attic (Wrks) ...... Chesaning, MI ...... 08/24/1999 NAFTA±3,436 Figurines. North American Refractories Co Curwensville, PA ...... 09/13/1999 NAFTA±3,437 Refractories. Ross Mould, Inc (Comp) ...... Washington, PA ...... 09/14/1999 NAFTA±3,438 Moulds, Blanks for Glass Con- tainers. General Assembly Corp (Wrks) El Paso, TX ...... 09/14/1999 NAFTA±3,439 Cut Wire to Mfg Wire Harnesses. Rio Grande Cutters (Wrks) ...... El Paso, TX ...... 09/14/1999 NAFTA±3,440 Cut Jeans. Carmet Co (Comp) ...... Bad Axe, MI ...... 09/20/1999 NAFTA±3,441 Tungston Carbide for Metals. Unitog Co ...... Warsaw, MO ...... 09/20/1999 NAFTA±3,442 Uniforms. Ametek, Inc. (Comp) ...... Ambridge, OH ...... 09/20/1999 NAFTA±3,443 Electric Motors. Jones and Vining, Inc ...... Troy, MI ...... 09/20/1999 NAFTA±3,444 Shoes. Grant City Manufacturing Grant City, MO ...... 09/20/1999 NAFTA±3,445 Caps. (Comp). Iron Horse Productions, Inc Port Huron, MI ...... 09/20/1999 NAFTA±3,446 Wheelchairs and Accessories. (Comp). Grand Rapids Die Cast ...... Grand Rapids, MI ...... 09/15/1999 NAFTA±3,447 Plated Die Cast Plumbing Parts. Kerr McGee Chemical Corp The Dallas, OR ...... 09/20/1999 NAFTA±3,448 Raw Lumber. (Wrkrs). General Instrument (Wrks) ...... Horsham, PA ...... 09/20/1999 NAFTA±3,449 Broadband Amplifiers. VF Knitwear, Inc./Bassett-Walker Brookneal, VA ...... 09/14/1999 NAFTA±3,450 Fleece. (Comp). NEC Technologies, Inc. (Wrks) .. McDonough, GA ...... 09/17/1999 NAFTA±3,451 Computer Monitors. Kanthal Globar (Comp) ...... Niagara Falls, NY ...... 09/17/1999 NAFTA±3,452 Axial Leaded Bulk Ceramic Resis- tors. Williamson Dickie Mfg (Wrks) .... Eagle Pass, TX ...... 09/16/1999 NAFTA±3,453 Material. Tektronix, Inc (Wrks) ...... Willsonville, OR ...... 09/15/1999 NAFTA±3,454 Digital Editing Products. Mexmil Co (The) (Comp) ...... Everett, WA ...... 09/15/1999 NAFTA±3,455 Blankets for Commercial Aircrafts. TAB (Wrks) ...... Turlock, CA ...... 09/13/1999 NAFTA±3,456 Paper File Folders. Converse, Inc (Comp) ...... Lumberton, NC ...... 09/10/1999 NAFTA±3,457 Assemblers and Packers of Tennis Shoes. RAMA Group of Companies Cheektowaga, NY ...... 08/18/1999 NAFTA±3,458 Grocery ads. (Wkrs). VF Knitwear (Co.) ...... Sparta, NC ...... 09/23/1999 NAFTA±3,459 T-shirts. Prewash and Pressing Services El Paso, TX ...... 09/21/1999 NAFTA±3,460 Stonewash and pres jeans. (Co.). Scovill Fasteners (Wkrs) ...... El Paso, TX ...... 09/22/1999 NAFTA±3,461 Apparel fasteners. Comptec (Co.) ...... Custer, WA ...... 09/23/1999 NAFTA±3,462 Telephone keys and key pads. GKN Sinter Metals (Wkrs) ...... Van Wert, OH ...... 09/20/1999 NAFTA±3,463 Automotive powdered metal parts. Standard Motor (Wkrs) ...... Dyersburg, TN ...... 09/24/1999 NAFTA±3,464 Distribution center. Chadbourn Curtain (Co.) ...... Chadbourn, NC ...... 09/21/1999 NAFTA±3,465 Curtains. Unifi (Wkrs) ...... Greensboro, NC ...... 09/30/1999 NAFTA±3,466 Yarns. General Electric (IUE) ...... Bucyrus, OH ...... 09/23/1999 NAFTA±3,467 Fluorescent lamps. Quaker Rubber Company (QRC) Philadelphia, PA ...... 09/20/1999 NAFTA±3,468 Escalator handrails. (Wkrs). CTI Communications (Wkrs) ...... Piqua, OH ...... 09/22/1999 NAFTA±3,469 Cellular phones. Highland Forest Products (Wkrs) Sweet Home, OR ...... 09/22/1999 NAFTA±3,470 Morel mushrooms. Topcraft Precision Molders Warminster, PA ...... 09/21/1999 NAFTA±3,471 Injection molded plastics. (Wkrs). SecoÐWarwick (Wkrs) ...... Meadville, PA ...... 09/28/1999 NAFTA±3,472 Metal and thermal processing fur- naces. Corpon Processing (Wkrs) ...... EL Paso, TX ...... 09/27/1999 NAFTA±3,473 Corpon processing.

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[FR Doc. 99–26766 Filed 10–13–99; 8:45 am] Signed at Washington, DC this 7th day of SUMMARY: This notice advises the public BILLING CODE 4510±30±M September 1999. of the final changes to the federal credit Richard McGahey, union (FCU) bylaws. The changes Assistant Secretary, Pension and Welfare consolidate the two manuals which DEPARTMENT OF LABOR Benefits Administration. currently contain the FCU bylaws into [FR Doc. 99–26768 Filed 10–13–99; 8:45 am] one manual and eliminate or modernize Pension and Welfare Benefits BILLING CODE 4510±29±M several bylaws. This action is necessary Administration because several of the bylaws had become outdated or obsolete. Working Group Studying Issues Surrounding the Trend in the Defined NATIONAL COMMISSION ON DATES: The Federal Credit Union Benefit Plan Market With a Focus on LIBRARIES AND INFORMATION Bylaws are effective October 14, 1999. Employer-Sponsored Hybrid Plans, SCIENCE FOR FURTHER INFORMATION CONTACT: Mary F. Rupp, Staff Attorney, Office of Advisory Council on Employee Welfare Sunshine Act Meeting and Pension Benefits Plans; Notice of General Counsel, National Credit Union Meeting The U.S. National Commission on Administration, 1775 Duke Street, Libraries and Information Science Alexandria, Virginia 22314–3428 or Pursuant to the authority contained in (NCLIS) Sunshine Act Meeting: telephone: (703) 518–6553. section 512 of the Employee Retirement SUPPLEMENTARY INFORMATION: Income Security Act of 1974 (ERISA), 29 Date: November 4, 1999. U.S.C. 1142, a public meeting by Time: 12:30 a.m.–5:00 p.m. Background Location: Ronald Reagan Building, Room teleconference will be held on October 6.4b, U.S. Customs Service entrance, 14th On December 17, 1998, the NCUA 28, 1999, by the Working Group and Constitution Avenue, NW, Washington, Board issued a Notice and Request for Studying Issues Surrounding the Trend DC. Comment on proposed Federal Credit in the Defined Benefit Plan Market With Matters to be discussed: Union (FCU) Bylaws. 64 FR 187 a Focus on Employer-Sponsored Hybrid Administrative Matters (January 4, 1999). The proposed bylaws Plans of the Advisory Council on Status of current programs and projects were drafted after reviewing comments Employee Welfare and Pension Benefit Progam plans, FY 2000–01 Executive Committee Report; NCLIS in response to a Request for Comment. Plans. 62 FR 11778 (March 13, 1997). Those The purpose of the open meeting by Committee Reports commenters supported the bylaws being teleconference, which will run from Discussion, National Forum on Library and published as a manual rather than a 9:30 a.m. to approximately 11:00 a.m. in Information Services Update, Library Statistics Program regulation, consolidating the bylaws the Conference Room N–5677, U.S. Update, Sister Libraries: A White House into one publication, deleting outdated Department of Labor Building, Second Millennium Council Project and obsolete bylaws, and not requiring and Constitution Avenue, NW, Discussion, National Award for Library FCUs to adopt the revised bylaws. Washington, DC 20210, is for Working Service The proposal was drafted in Group members to review the group’s Date: November 5, 1999. accordance with those comments. As a draft report to the Secretary of Labor Time: 9:00 a.m.–12:00 noon. result, the proposed bylaws are more before it meets again in Washington for Location: 1575 I Street, NW, Washington, user friendly for FCUs. All of the its full and final session for the year on DC. information is now in one place; plain November 9. Matters to be discussed: NCLIS/National Members of the public are encouraged Museum Services Board Annual Joint English is used; provisions that are Meeting. outdated are deleted; and provisions to file a written statement pertaining to For security reasons, the Ronald Reagan the topic by submitting 20 copies on or that are operational or covered in the Building requires pre-registration for Accounting Manual or regulations are before October 21, 1999, to Sharon attendance. To attend the meeting on Morrissey, Executive Secretary, ERISA November 4, please notify Barbara deleted, unless it was determined that Advisory Council, U.S. Department of Whiteleather no later than November 1, 1999. because of their importance they should Labor, Room N–5677, 200 Constitution To request further information, please also be included in the bylaws. Avenue, NW, Washington, DC 20210. contact Barbara Whiteleather. To make Summary of Comments Individuals or representatives of special arrangements for persons with disabilities, contact Barbara Whiteleather The Board received 24 comments in organizations wishing to address the (202–606–9200; fax 202–606–9203; e-mail response to its proposal. The seven Working Group should forward their ) no later than commenters that specifically comment request to the Executive Secretary or November 1, 1999. on the revised format of consolidating telephone (202) 219–8753. Oral Dated: October 6, 1999. the bylaws in one publication applaud presentations will be limited to 10 Robert S. Willard, the Board’s effort to make the bylaws minutes, but an extended statement may NCLIS Executive Director. more user friendly. Several commenters be submitted for the record. Individuals with disabilities, who need special [FR Doc. 99–26879 Filed 10–8–99; 5:00 pm] also comment favorably on the Board’s accommodations, should contact Sharon BILLING CODE 7527±$$±M decision to remove operational issues Morrissey by October 21, at the address from the bylaws. Some of those indicated in this notice. commenters suggest other areas that Organizations or individuals also may NATIONAL CREDIT UNION could be removed because they are submit statements for the record ADMINISTRATION operational. These are discussed below. without testifying. Twenty (20) copies of Overall the comments were favorable. Federal Credit Union Bylaws such statements should be sent to the Article by Article Analysis of Executive Secretary of the Advisory AGENCY: National Credit Union Comments Council at the above address. Papers Administration (NCUA). will be accepted and included in the Article I, Name—Purposes ACTION: Notice of Federal Credit Union record of the meeting if received on or Section 2. This provision states the Bylaws. before October 21. purpose of the credit union is ‘‘to

VerDate 12-OCT-99 16:34 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\14OCN1.XXX pfrm02 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55761 promote thrift among its members * ** any one member shall be established agrees and will reinstate this provision and to create for them a source of credit from time to time by resolution of the in the final bylaws as Section 5(e). for provident or productive purposes.’’ board’’ should say ‘‘may’’ instead of Article IV, Meetings of Members One commenter suggests changing it to ‘‘shall.’’ The commenter notes that large ‘‘provident, productive or business FCUs have no need for the limitation. Section 1. This section requires the purposes’’ because the member business The Act requires the board to set the annual meeting to be held within 100 loan rule exempts from its limitations maximum amount and so, this provision miles of the office of the credit union. credit unions that are chartered for the must remain. 12 U.S.C. 1761b(7). Four commenters suggest adding ‘‘any’’ purpose of making business loans. One commenter suggests that the before office to allow FCUs greater The Board agrees that, if an FCU requirement that both owners of a joint flexibility. The Board agrees that since determines that in compliance with the account each purchase a share if they the intent is to allow FCUs the Federal Credit Union Act (the Act) one both want to be a member should be maximum flexibility possible that ‘‘any’’ of its purposes is to make member stated in the bylaw. The Board agrees should be placed before office. One business loans, it should be permitted to that the bylaws are the appropriate commenter suggests that the add this language to its bylaws. 12 place to clarify that for joint account requirement of an annual meeting be U.S.C. 1757a(b)(1). This provision is holders to both be members, the account eliminated. This requirement is optional. The final bylaws indicate that must have at least two shares in it. This statutory and cannot be eliminated. 12 FCUs wishing to include the ‘‘business provision is added as Section 7 of this U.S.C. 1760. Section 2. This section states the time purposes’’ language in their bylaws may Article. frames for notice of annual and special do so. Section 4. This section permits meetings. Under the current bylaws, transfer from one member to another by Article II, Qualifications for Membership notice of the annual meeting must be ‘‘a written instrument’’ and requires the Sections 2 and 3. These provisions given at least 7 days prior to the annual transfer to ‘‘carry dividend credits with meeting. The proposal changes the time discuss application for membership and it.’’ Five commenters state that this withdrawal from membership. Four to at least 30 days but not more than 75 provision is confusing because days. Five commenters object to the commenters state that these provisions membership shares generally can’t be are operational and should be deleted. change. The reasons cited were that transferred. The intent of this provision there is more flexibility with 7 days and One commenter objects to the is to show that a member can only withdrawal from membership provision the new time frame may require an transfer shares to members and that the additional mailing which would be on the basis that it is inconsistent with shares function like stock in a the Federal Credit Union Act which costly because, in the past, the notice corporation. was sent with the quarterly statement. states two grounds for expulsion. 12 Some commenters note that the U.S.C. 1764(a) and (b). The commenter The Board believes that the requirement requirement that it be written is of at least 30 days notice to the member fails to distinguish between withdrawal outdated. The Board agrees and is and expulsion. One commenter wants is not an undue hardship on an FCU deleting the ‘‘written’’ requirement. and that the notice can still be mailed the provision expanded to include the Section 5. This section sets forth the criteria for membership in the with the quarterly statement. However, requirements for withdrawing shares 7 days notice could be an undue Chartering Manual. from a member’s account. Three Although operational, the Board hardship on the membership and does commenters note that several of these believes that including these provisions not facilitate maximum member provisions are operational and should in the bylaws offers useful guidance to participation at the annual meeting. The be deleted. One of the commenters notes FCUs and their members without notice requirements for a special that, although section 5(d) allowing placing any additional burdens on them. meeting are still only 7 days because Section 5. This provision was deleted deceased members’ accounts to remain there is often a need to act promptly because the ‘‘once a member always a open for a period of four years is when scheduling a special meeting. member’’ policy is now addressed in the operational, it should remain because However, that same need is not Act. 12 U.S.C. 1759(e)(2). Two there is no other authority for it. The generally associated with the scheduling commenters suggest that the bylaw be Board agrees that all of the Section 5 of the annual meeting. retained with language allowing FCUs provisions are operational but they Section 3. This section states the to restrict services to members no longer provide useful guidance to the FCU and number of members necessary to request within the field of membership. notice to the member and so, the Board a special meeting. The current bylaws The Board agrees that the bylaws are will retain them. require 25 members or 5%, whichever is an appropriate place for this provision Two commenters suggest that the greater, not to exceed 200. The proposal to be included. The bylaw will repeat bylaws include a provision for statutory only changes the not-to-exceed number the statutory language and note that liens because NCUA’s proposed rule on from 200 to 500. Three commenters FCUs that want to restrict services statutory liens references a bylaw as object to the change. It is unclear should state the restrictions in this authority for a statutory lien. 63 FR whether the commenters understood the bylaw provision. This provision is now 57943 (October 29, 1998). The bylaws change since one said a percentage is Article II, Section 4. do contain a provision for statutory fairer and two said small credit unions liens. It is proposed section 5(c) which are penalized. All three commenters Article III, Shares of Members is currently Article III, Section 5(d) of ignored the fact that the 5% limit still Sections 1 and 3. One commenter the FCU Bylaws. exists. The Board is going to keep the likes the proposal’s approach of Four commenters object to deleting 500 maximum. The intent of the allowing the FCU to fill in the par value Section 5(f). This provision allows increase is to prevent a small number of amount of a share and the time frame to boards to impose fees for excessive members in a very large credit union complete payment of one share. share withdrawals. Commenters note from requesting a special meeting every Section 2. One commenter suggests that although the Truth in Savings Act time they don’t agree with management. that the requirement that the ‘‘maximum (TISA) requires FCUs to disclose fees it The increase has no effect on a small amount of shares that may be held by does not authorize fees. The Board credit union.

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Section 4. This section sets forth the separate places. The commenters are retain the limitation in the proposal that order of business at the annual meeting. correct that these provisions are it is not a majority of the board. Two commenters suggest moving the inconsistent and so, the requirement Section 4. This provision directs the elections to after the report by the that the ballot and identification form be board to fill any vacancies on the board, supervisory committee and one kept in separate places has been deleted. credit committee or supervisory commenter suggests deleting this One commenter objects to the committee ‘‘within a reasonable time.’’ provision because it is operational. The requirement for prepaid postage with Four commenters object to ‘‘within a Board agrees that this provision is the mail and absentee ballots. The Board reasonable time.’’ Some suggestions operational, but rather than delete the has required this in the past and will were to define ‘‘reasonable time,’’ put a provision, the order of business will no continue to require it. The rationale time certain in the bylaw or leave it to longer be required, but rather suggested, behind the requirement is to elicit as the board’s discretion. with the requirement that, whatever large of a response as possible. In The final bylaw will maintain the order of business an FCU chooses, it addition, depending on the type of ‘‘within a reasonable time requirement.’’ must comply with ‘‘Robert’s Rules of postage, an FCU is often not required to This provision allows the board the Order.’’ pay if the prepaid envelope is not flexibility to deal with different One commenter suggests that proxy returned. situations and determine what is voting be allowed. This is prohibited by One commenter objects to the reasonable under the circumstances. the Act. 12 U.S.C. 1760. requirement that electronic ballots be Section 5. This section requires one received 5 calendar days prior to the face-to-face board meeting a quarter. Six Article V, Elections meeting because other ballots are not commenters object to this requirement The proposal lists four election handled in the same manner. The and two commenters noted their options: (1) In person elections with commenter is wrong. Mail and absentee approval. The objectors state that NCUA nominating committee and nominations ballots have the same requirements. should allow the board to determine from floor; (2) In person elections with This enables the FCU to tally the votes how it wishes to conduct its meetings. nominating committee and nominations prior to the annual meeting when the The Board agrees that NCUA should not by petition; (3) Ballot boxes or voting results are announced. dictate how a board conducts its machines with nominating committee Section 3. Two commenters suggest meetings. However, the Board does and nominations by petition; and (4) deleting the order of nominations believe that it is important for a board Electronic device or mail ballot with because they are operational. The Board to have personal interaction at least nominating committee and nominations agrees, but rather than delete the order once a year, and so, will require one by petition. One commenter suggests a because it provides guidance to some face-to-face meeting a year. The only fifth option that would allow an FCUs, it has replaced ‘‘shall’’ with requirement for the annual face-to-face individual to place himself on the ballot ‘‘may.’’ meeting is that a quorum be physically in lieu of nominations from the floor or Two commenters suggest adding to present. Board members not necessary nomination by petition. The Board the nominating committee’s to obtain a quorum, who wish to rejects this suggestion because it is responsibilities the duty to determine participate, may do so by one of the contrary to standard business practice. that the nominees meet the criteria for other approved methods. One commenter likes the four options the position. The Board does not agree Two commenters suggest that the and the guidance they offer. that this requirement should be part of bylaws allow telephone and notation Two commenters suggest nominations the FCU Bylaws but rather, the board of voting. The revised bylaws allow audio from the floor be deleted because they’re directors in its discretion could make teleconference meetings which is the archaic and one of those commenters that a responsibility of the nominating same as telephone voting. also suggests that nominations by committee. Section 6(c). One commenter suggests petition be deleted. The Board Article VI, Board of Directors that this provision be clarified to state recognizes that very few FCUs still have that the board is required to charge off nominations from the floor but sees no Section 2. The proposal allows an uncollectible loans. The Board believes reason to preclude FCUs from FCU to limit the number of directors this bylaw is self explanatory and does conducting their elections in that and their immediate family members not need further clarification. manner if they choose to. that can be paid employees of the FCU Section 8. This section addresses One commenter opposes FCUs to 0, 1 or 2. The current bylaws place removal of directors and credit checking a box to select their voting no limits and the standard amendments committee members for missing 3 method. The commenter is concerned allow an FCU to select any number. consecutive meetings or 4 meetings in a that an FCU may forget to check a box Two commenters object to the two calendar year. One commenter suggests or check too many boxes. The limitation. They suggest the number be adding ‘‘unexcused’’ before meeting. commenter suggests that all FCUs left to the discretion of the FCU. Two This is not necessary because the bylaw reprint the bylaws with only the method other commenters suggest NCUA does not require removal, but says the selected printed. The Board believes prohibit any director or their immediate board may remove. that FCUs will take the responsibility of family member from being a paid selecting their bylaws seriously and will employee. Although the Board would Article VII, Board Officers, Management follow the appropriate instructions. prefer to see an FCU limit the number Officials and Executive Committee Therefore, FCUs have the option of of directors and immediate family Section 3. This section provides that adopting their bylaws by checking the members that can be paid employees of the chair presides at all meetings of the appropriate boxes or reprinting the the FCU, the Board agrees with the board unless suspended by the bylaws with only the provisions that commenters that the ultimate decision supervisory committee. The commenter apply to them. should be made by the board of suggests a 2/3 majority of the board also Two commenters note that the revised directors. The final bylaws allow the have the power to suspend the chair. bylaws allow a combined ballot and FCU to select the number of paid The Board does not agree. There is no identification form but require the ballot employees that may serve on the board authority for the board to suspend the and identification form to be kept in or are relatives of board members but chair. There is statutory authority for

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.068 pfrm04 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55763 the supervisory committee to suspend commenters object to this provision and credit committee, there is no any board member. 12 U.S.C. 1761d. because FCUs should be able to make requirement that the supervisory Section 4. This section states that the this decision on a case-by-case basis. committee hold monthly meetings and board must approve all individuals who Although, there is no specific statute or so, the same attendance requirements are authorized to sign notes, checks, regulation requiring a preference for are not appropriate. drafts and other orders of disbursement. small loans, one of the purposes of an The commenter suggests that the board FCU is ‘‘creating a source of credit for Article XI, Loans and Lines of Credit to have the authority to delegate approval provident or productive purposes.’’ 12 Members authority to the Chief Executive Officer. U.S.C. 1752(1). Because this provision Section 1. The proposal tracks the The Board believes that this function enables small credit unions to serve current FCU bylaws and requires that a should remain within the purview of more members, the Board is retaining it, loan to a nonnatural person be either the board of directors. but changing the language from ‘‘will’’ share secured or personally guaranteed. Section 6. One commenter objects to to ‘‘should’’ in recognition that it is Fourteen commenters object to this the use of the term ‘‘general manager.’’ voluntary. requirement. The commenters note that The commenter suggested a more Option 1, Section 6 and Option 2, loans to nonnatural persons are modern term such as, CEO or president. Section 2. Two commenters object to the currently covered in the business loan The Addendum to this Article of the requirement that the credit committee regulation and that there is no need or bylaws allows an FCU to determine the and loan officers ‘‘endeavor diligently to justification for additional requirements title and rank of each management assist applicants in solving their in the bylaw. The commenters note that official and to use those titles financial problems.’’ Commenters state because of this bylaw federally-insured throughout its bylaws. There is no need that the requirement sets a standard that state-chartered credit unions have an to modify this provision. is difficult to quantify or achieve and unfair advantage over FCUs in this area. Section 6(c). This section requires the unnecessary and out of place in the The Board agrees that because the FCU to post in its office in a bylaws. Recognizing that one of the requirements for loans to nonnatural conspicuous place the FCU’s monthly purposes of an FCU is to promote thrift persons are set forth in NCUA’s financial statement. Two commenters among its members, the Board is regulations there is no justification for object to this requirement. One said it retaining this provision but changing placing additional requirements for should be deleted because it’s the language from ‘‘will’’ to ‘‘should’’ in these loans in the bylaws. 12 CFR part operational and the other suggested that recognition that it is voluntary. 12 723. This provision is deleted from the the FCU may want to post it on the U.S.C. 1752(1). final bylaws. Internet. An FCU may, in addition to Section 2. Five commenters state that Article IX, Supervisory Committee posting the monthly financial statement this section should be eliminated in its office, post it on the Internet but Section 1. This provision states that because it repeats the requirement in because not everyone has access to the the supervisory committee shall consist section 1 that the credit union follow all Internet, the Board is going to keep the of not less than 3 nor more than the applicable law and regulations. The requirement of posting in the FCU’s maximum number permitted by the Act. Board agrees and has deleted this offices. One commenter likes the One commenter suggests that it say ‘‘5’’ provision. increase from 7 to 20 days to prepare the since that’s the maximum number Section 3. This section requires financial statement. permitted by the Act. The Board agrees members to pay a late charge as Section 6(f). One commenter and has changed the language in the determined by the board. One recommends changing the language in bylaw to ‘‘5.’’ commenter suggests that it be deleted. this section that authorizes the board to Section 4. This section requires the The Act requires this section to be in the ‘‘employ’’ to ‘‘the board may designate, supervisory committee to verify the bylaws. 12 U.S.C. 1757(10). appoint or elect.’’ The Board prefers the accounts of all members. One term ‘‘employ’’ to the suggested commenter suggests it require the Article XIII, Deposit of Funds language and notes that the bylaw supervisory committee to ‘‘cause the Two commenters object to including authorizes the financial officer and not verification.’’ The Board agrees and has this provision in the bylaws because it’s the board as stated by the commenter. modified the language so that it is operational. One commenter approves One commenter suggests adding a consistent with the Act. 12 U.S.C. of this provision because it grants an provision that authorizes the board to 1761d. In addition, the commenter FCU the discretion to select the number appoint a committee of not less than 3 suggested ‘‘all accounts’’ may be of days within which to make its directors to serve at its pleasure. This unnecessary and that a ‘‘representative deposits. Although this provision is addition is not necessary because sampling’’ may be more appropriate. operational, the Board believes it is section 10 of this Article allows the Since NCUA’s regulations set forth helpful for smaller credit unions and so, board to appoint an executive the specific requirements for the it will remain. committee that serves the same function supervisory committee audit and Article XV, Minors as the commenter has suggested. verification, they do not need to be One commenter commends NCUA for repeated in the bylaws. 12 CFR 701.12. This provision states that shares may allowing FCUs to determine the title Section 5. One commenter objects to be issued in the name of a minor. One and rank of each board officer and the requirement that the supervisory commenter states that it should be management official. committee call a special meeting to vote deleted because it’s already in the Act. on the removal of a suspended director. 12 U.S.C. 1765. The Board thinks this Article VIII, Option 1 Credit Committee This requirement is statutory. 12 U.S.C. provision is important and should be or Option 2 Loan Officers (No Credit 1761d. repeated in the bylaws. Committee) One commenter suggests holding Option 1, Section 8 and Option 2, supervisory committee members to the Article XVI, Definitions Section 4. These sections require same attendance requirements as Four commenters suggest that the preference be given to smaller loans if directors and credit committee definitions be moved to the front all other factors are nearly equal. Two members. Unlike the board of directors because it’s more user friendly. The

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Board agrees that the definitions should Board sees no reason to limit an FCU to Final Bylaws not be in the middle of the bylaws, but one state’s law. The final bylaws are identical to the rather than place them in the front Miscellaneous proposed bylaws unless noted above in where they are a distraction to the the summary of comments. They will be reader, the Board has placed them at the Two commenters suggest that the published as a manual entitled Federal end for easy reference. bylaws be redrafted to remove all gender Credit Union Bylaws. The document Section 1(f). One commenter suggests specific references. The Board agrees will contain an index that will make it that ‘‘applicable law and regulations’’ and has made the appropriate changes easier to use than the current bylaws also include ‘‘state law.’’ The Board throughout the bylaws. that only have an index for the FCU agrees and has changed the definition to Two commenters suggest that the Bylaws and not the Standard include ‘‘state law.’’ bylaws contain the requirement that an Amendments. FCU’s organization certificate and field Article XVII, General of membership amendments be an By the National Credit Union Administration Board on October 6, 1999. Section 2. This provision states the appendix to the bylaws. Although requirements for officers, directors, Article XVII, Section 5 of the proposal Becky Baker, committee members and employees of requires that the FCU keep these Secretary of the Board. the FCU to keep member transactions documents in a place of safekeeping, the Bylaws confidential. The provision lists some Board agrees that these documents specific exceptions to the Federal Credit Union, Charter No. should be kept with the bylaws. Section lllll confidentiality requirements. Seven 5 is revised to include this requirement. (A corporation chartered commenters object to this provision as Six commenters suggest that the under the laws of the United States) it’s currently drafted. It should be noted definitions of ‘‘immediate family Article I. Name—Purposes that Congress is currently considering member’’ and ‘‘household’’ be included Section 1. The name of this credit financial reform legislation that will in the bylaws. The commenters note union is as stated in section 1 of the require NCUA and the other financial that this is particularly important for charter (approved organization institution regulators to issue FCUs that choose to have more regulations governing release of certificate) of this credit union. restrictive definitions than those in the Section 2. The purpose of this credit financial information. The commenters regulation. The Board agrees and has union is to promote thrift among its suggest that rather than list specific added these terms to the definition members by affording them an exceptions that may become outdated in section of the bylaws. opportunity to accumulate their savings light of the changing law in this area or and to create for them a source of credit may not include all permissible FCUs Adopting Revised Bylaws for provident or productive purposes. exceptions, the bylaw should prohibit There is some confusion about The credit union may add business as disclosure except when permitted by whether the revised bylaws will be one of its purposes by placing a comma state or federal law. The Board agrees mandatory. Although the proposal after ‘‘provident’’ and inserting and has modified the bylaw stated that ‘‘[b]ecause of the ‘‘business.’’ accordingly. overwhelming opposition to this Section 3. This provision states the requirement, FCUs although strongly Article II. Qualifications for authority of the members to remove encouraged to adopt the revised bylaws, Membership officers, committee members and are not required to do so and may Section 1. The field of membership of directors. Several commenters like the continue to use their previously this credit union is limited to that stated deletion of the authority of members to approved bylaws,’’ a few commenters in section 5 of its charter. remove employees. Four commenters objected to the revised bylaws being Section 2. Applications for suggest that the bylaws either delete the mandatory. 64 FR at 187. The Board membership from persons eligible for authority of members to remove officers reiterates that the revised FCU Bylaws membership under section 5 of the or define the term ‘‘officer.’’ The Board are not mandatory. charter must be signed by the applicant agrees that the term ‘‘officer’’ should be An issue that has not been addressed on forms approved by the board. Upon deleted. is whether FCUs will be allowed to approval of an application by a majority Two commenters suggest that a higher adopt just part of the revised bylaws. of the directors, or a majority of the number than 15 be required for a This is particularly important for FCUs members of a duly authorized executive quorum at a special meeting to remove that have nonstandard amendments that committee or by a membership officer, officers and directors. The Board are not addressed in the revised bylaws. and upon subscription to at least one believes that the number required for a The Board, in an effort to achieve share of this credit union and the quorum for a meeting of the members maximum participation by FCUs, will payment of the initial installment, and should be consistent throughout the allow them to adopt portions of the the payment of a uniform entrance fee bylaws and has retained 15. revised bylaws, if an FCU finds that if required by the board, the applicant Section 7. One commenter suggests adoption of the entire revised bylaws is is admitted to membership. If a eliminating the requirement that impracticable. The Board cautions FCUs membership application is denied, the members keep the FCU informed of adopting only a portion of the revised reasons must be furnished in writing to their current address. The Board bylaws to use extreme care because they the person whose application is denied, believes that the bylaws are an run the risk of having inconsistent or upon written request. appropriate place for this requirement. conflicting bylaw provisions. Section 3. A member who withdraws Section 8. One commenter suggests In addition, although the Act requires all shareholdings or fails to comply with using the indemnification language from FCUs to use the bylaws published by the time requirements in article III, the Ohio indemnification statute. The NCUA, FCUs will continue to have the section 3, ceases to be a member. By proposal allows an FCU to indemnify to flexibility to request a nonstandard resolution, the board may require the extent allowed by state law or the bylaw amendment if the need arises. 12 persons readmitted to membership to Model Business Corporation Act. The U.S.C. 1758. pay another entrance fee.

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Section 4. Once a member becomes a tenancy with another member) may be month as that of the previous annual member that person may remain a continued until the close of the meeting and if this credit union member until the person or organization dividend period in which the maintains an office that is readily chooses to withdraw or is expelled in administration of the deceased’s estate accessible to members where regular accordance with the Act. A credit union is completed, but not to exceed a period business hours are maintained. Any that wishes to restrict services to of 4 years. meeting of the members, whether members no longer within the field of (e) The board will have the right, at annual or special, may be held without membership should specify the any time, to impose a fee for excessive prior notice, at any place or time, if all restrictions in this section. share withdrawals from regular share the members entitled to vote, who are accounts. The number of withdrawals not present at the meeting, waive notice Article III. Shares of Members not subject to a fee and the amount of in writing, before, during, or after the Section 1. The par value of each share the fee will be established by board meeting. will be $lll. Subscription to shares resolution and will be subject to Notice of any special meeting must are payable at the time of subscription, regulations applicable to the advertising state the purpose for which it is to be or in installments of at least $lll per and disclosure of terms and conditions held, and no business other than that month. on member accounts. related to this purpose may be Section 2. The maximum amount of Section 6. Shares may be issued in a transacted at the meeting. shares that may be held by any one revocable or irrevocable trust, subject to Section 3. Special meetings of the member will be established from time to the following: When shares are issued in members may be called by the chair or time by resolution of the board. a revocable trust, the settlor must be a the board of directors upon a majority Section 3. A member who fails to member of this credit union in his own vote, or by the supervisory committee as complete payment of one share within right. When shares are issued in an provided in these bylaws, and may be lll of admission to membership, or irrevocable trust, either the settlor or the lll held at any location permitted for the within from the increase in the beneficiary must be a member of this annual meeting. A special meeting must par value of shares, or a member who credit union. The name of the be called by the chair within 30 days of reduces the share balance below the par beneficiary must be stated in both a the receipt of a written request of 25 value of one share and does not increase revocable and irrevocable trust. For members or 5% of the members as of the the balance to at least the par value of purposes of this section, shares issued date of the request, whichever number lll pursuant to a pension plan authorized one share within of the reduction is larger. However, a request of no more by the rules and regulations will be may be terminated from membership. than 500 members may be required for Section 4. Shares may only be treated as an irrevocable trust unless such meeting. The notice of a special transferred from one member to another otherwise indicated in the rules and meeting must be given as provided in by an instrument in a form as the board regulations. section 2 of this article. may prescribe. Such transfer will carry Section 7. Owners of a joint account Section 4. The suggested order of dividend credits with it. may both be members of the credit Section 5. Money paid in on shares or union without opening separate business at annual meetings of members installments of shares may be accounts. For joint membership, both is— withdrawn as provided in these bylaws owners are required to fulfill all of the (a) Ascertainment that a quorum is or regulation on any day when payment membership requirements including present. on shares may be made: provided, each member purchasing and (b) Reading and approval or however, that maintaining at least one share in the correction of the minutes of the last (a) The board has the right, at any account. meeting. time, to require members to give, in (c) Report of directors, if there is one. Article IV. Meetings of Members writing, not more than 60 days notice of (d) Report of the financial officer or intention to withdraw the whole or any Section 1. The annual meeting of the the chief management official. part of the amounts paid in by them. members must be held within the (e) Report of the credit committee, if (b) The board may determine that, if period authorized in the Act, in the there is one. shares are paid in under an accumulated county in which any office of the credit (f) Report of the supervisory payroll deduction plan as prescribed in union is located or within a radius of committee. the Accounting Manual for Federal 100 miles of such office, at the time and (g) Unfinished business. Credit Unions, they may not be place as the board determines and (h) New business other than elections. withdrawn until credited to members’ announces in the notice of the annual (i) Elections. accounts. meeting. (j) Adjournment. (c) No member may withdraw any Section 2. At least 30 but no more The order of business must comply shareholdings below the amount of the than 75 days before the date of any with ‘‘Robert’s Rules of Order.’’ member’s primary or contingent liability annual meeting or at least 7 days before Section 5. Except as otherwise to the credit union if the member is the date of any special meeting of the provided, 15 members constitute a delinquent as a borrower, or if members, the secretary must give quorum at annual or special meetings. If borrowers for whom the member is written notice to each member by in no quorum is present, an adjournment comaker, endorser, or guarantor are person delivery, or by mailing the may be taken to a date not fewer than delinquent, without the written written notice to each member at the 7 nor more than 14 days thereafter. The approval of the credit committee or loan address that appears on the records of members present at any such adjourned officer; except that shares issued in an this credit union. Notice of the annual meeting will constitute a quorum, irrevocable trust as provided in section meeting may be given by posting the regardless of the number of members 6 of this article are not subject to notice in a conspicuous place in the present. The same notice must be given restrictions upon withdrawal except as office of this credit union where it may for the adjourned meeting as is stated in the trust agreement. be read by the members, at least 30 days prescribed in section 2 of this article for (d) The share account of a deceased prior to such meeting, if the annual the original meeting, except that such member (other than one held in joint meeting is to be held during the same notice must be given not fewer than 5

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.073 pfrm04 PsN: 14OCN1 55766 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices days previous to the date of the meeting A brief statement of qualifications and b Option A3—Election by Ballot Boxes as fixed in the adjournment. biographical data in a form approved by or Voting Machine; Nominating Committee and Nomination by Petition Article V. Elections the board of directors will be included for each nominee submitted by the The Credit Union must select one of Section 1. At least 120 days prior to nominating committee with the written each annual meeting, the chair will the four voting options. This may be notice to all eligible members. Each done by printing the credit union’s appoint a nominating committee of not nominee by petition must submit a bylaws with the option selected or fewer than three members. It is the duty similar statement of qualifications and retaining this copy and checking the of the nominating committee to box of the option selected. biographical data with the petition. The nominate at least one member for each written notice must state the closing b vacancy, including any unexpired term Option A1—In-Person Elections; date for receiving nominations by vacancy, for which elections are being Nominating Committee and petition. In all cases, the period for held, and to determine that the members Nominations From Floor receiving nominations by petition must nominated are agreeable to the placing Section 1. At least 30 days prior to extend at least 30 days from the date of their names in nomination and will each annual meeting, the chair will that the petition requirement and the accept office if elected. The nominating appoint a nominating committee of not list of nominating committee’s committee files its nominations with the fewer than three members. It is the duty nominees are mailed to all members. To secretary of the credit union at least 90 of the nominating committee to be effective, such nominations must be days prior to the annual meeting, and nominate at least one member for each accompanied by a signed certificate the secretary notifies in writing all vacancy, including any unexpired term from the nominee or nominees stating members eligible to vote at least 75 days vacancy, for which elections are being that they are agreeable to nomination prior to the annual meeting that held, and to determine that the members and will serve if elected to office. Such nominations for vacancies may also be nominated are agreeable to the placing nominations must be filed with the made by petition signed by 1% of the of their names in nomination and will secretary of the credit union at least 40 members with a minimum of 20 and a accept office if elected. days prior to the annual meeting and the maximum of 500. Section 2. After the nominations of secretary will ensure that nominations The written notice must indicate that the nominating committee have been by petition along with those of the the election will not be conducted by placed before the members, the chair ballot and there will be no nominations calls for nominations from the floor. nominating committee are posted in a conspicuous place in each credit union from the floor when there is only one When nominations are closed, tellers nominee for each position to be filled. are appointed by the chair, ballots are office at least 35 days prior to the annual meeting. A brief statement of qualifications and distributed, the vote is taken and tallied biographical data in a form approved by by the tellers, and the results Section 2. All persons nominated by the board of directors will be included announced. All elections are either the nominating committee or by for each nominee submitted by the determined by plurality vote and will be petition must be placed before the nominating committee with the written by ballot except where there is only one members. When nominations are closed, notice to all eligible members. Each nominee for the office. tellers are appointed by the chair, nominee by petition must submit a b Option A2—In-Person Elections; ballots are distributed, the vote is taken similar statement of qualifications and Nominating Committee and and tallied by the tellers, and the results biographical data with the petition. The Nominations by Petition announced. All elections are written notice must state the closing date for receiving nominations by Section 1. At least 120 days prior to determined by plurality vote and will be petition. In all cases, the period for each annual meeting the chair will by ballot except where there is only one receiving nominations by petition must appoint a nominating committee of not nominee for each position to be filled. extend at least 30 days from the date of fewer than three members. It is the duty Nominations cannot be made from the the petition requirement and the list of of the nominating committee to floor unless insufficient nominations nominating committee’s nominees are nominate at least one member for each have been made by the nominating mailed to all members. To be effective, vacancy, including any unexpired term committee or by petition to provide for such nominations must be accompanied vacancy, for which elections are being one nominee for each position to be by a signed certificate from the nominee held, and to determine that the members filled or circumstances prevent the or nominees stating that they are nominated are agreeable to the placing candidacy of the one nominee for a agreeable to nomination and will serve of their names in nomination and will position to be filled. Only those if elected to office. Such nominations accept office if elected. The nominating positions without a nominee are subject must be filed with the secretary of the committee files its nominations with the to nominations from the floor. In the credit union at least 40 days prior to the secretary of the credit union at least 90 event nominations from the floor are annual meeting and the secretary will days prior to the annual meeting, and permitted and result in more than one ensure that nominations by petition the secretary notifies in writing all nominee for a position to be filled, along with those of the nominating members eligible to vote at least 75 days when nominations have been closed, committee are posted in a conspicuous prior to the annual meeting that tellers are appointed by the chair, place in each credit union office at least nominations for vacancies may also be 35 days prior to the annual meeting. made by petition signed by 1% of the ballots are distributed, the vote is taken members with a minimum of 20 and a and tallied by the tellers, and the results Section 2. All elections are maximum of 500. announced. When only one member is determined by plurality vote. The The written notice must indicate that nominated for each position to be filled, election will be conducted by ballot the election will not be conducted by the chair may take a voice vote or boxes or voting machines, subject to the ballot and there will be no nominations declare each nominee elected by general following conditions: from the floor when there is only one consent or acclamation at the annual (a) The election tellers will be nominee for each position to be filled. meeting. appointed by the board of directors;

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(b) If sufficient nominations are made prior to the annual meeting that election procedure, including how to by the nominating committee or by nominations for vacancies may also be access and use the system, and the petition to provide more than one made by petition signed by 1% of the period of time in which votes will be nominee for any position to be filled, members with a minimum of 20 and a taken. The instruction will state that the secretary, at least 10 days prior to maximum of 500. members without the requisite the annual meeting, will cause ballot The written notice must indicate that electronic device necessary to vote on boxes and printed ballots, or voting the election will not be conducted by the system may vote by mail ballot upon machines, to be placed in conspicuous ballot and there will be no nominations written or telephone request and specify locations, as determined by the board of from the floor when there is only one the date the request must be received by directors with the names of the nominee for each position to be filled. the credit union. candidates posted near the boxes or A brief statement of qualifications and (3) It is the duty of the tellers of voting machines. The name of each biographical data in a form approved by election to verify, or cause to be verified candidate will be followed by a brief the board of directors will be included the name of the voter and the credit statement of qualifications and for each nominee submitted by the union account number as they are biographical data in a form approved by nominating committee with the written registered in the electronic balloting the board of directors; notice to all eligible members. Each system. It is the duty of the teller to test (c) After the members have been given nominee by petition must submit a the integrity of the balloting system at 24 hours to vote at conspicuous similar statement of qualifications and regular intervals during the election locations as determined by the board of biographical data with the petition. The period. directors, the ballot boxes or voting written notice must state the closing (4) Ballots must be received no later machines will be opened, the vote date for receiving nominations by than midnight 5 calendar days prior to tallied by the tellers, the tallies placed petition. In all cases, the period for the annual meeting. in the ballot boxes, and the ballot boxes receiving nominations by petition must (5) Voting will be closed at the resealed. The tellers are responsible at extend at least 30 days from the date of midnight deadline specified in all times for the ballot boxes or voting the petition requirement and the list of subsection (4) hereof and the vote will machines and the integrity of the vote. nominating committee’s nominees are be tallied by the tellers. The result must A record must be kept of all persons mailed to all members. To be effective, be verified at the annual meeting and voting and the tellers must assure such nominations must be accompanied the chair will make the result of the vote themselves that each person so voting is by a signed certificate from the nominee public at the annual meeting. entitled to vote; and or nominees stating that they are (6) In the event of malfunction of the (d) The ballot boxes will be taken to agreeable to nomination and will serve electronic balloting system, the board of the annual meeting by the tellers. At the if elected to office. Such nominations directors may in its discretion order annual meeting, printed ballots will be must be filed with the secretary of the elections be held by mail ballot only. distributed to those in attendance who credit union at least 40 days prior to the Such mail ballots must conform to have not voted and their votes will be annual meeting and the secretary will section 2(d) of this Article and must be deposited in the ballot boxes placed by ensure that nominations by petition mailed to all eligible members 30 days the tellers, before the beginning of the along with those of the nominating prior to the annual meeting. The board meeting, in conspicuous locations with committee are posted in a conspicuous may make reasonable adjustments to the the names of the candidates posted near place in each credit union office at least voting time frames above, or postpone them. After such members have been 35 days prior to the annual meeting. the annual meeting when necessary, to given an opportunity to vote at the Section 2. All elections will be by complete the elections prior to the annual meeting, balloting will be closed, electronic device or mail ballot, subject annual meeting. the ballot boxes opened, the vote tallied to the following conditions: (d) If the credit union is conducting by the tellers and added to the previous (a) The election tellers will be its election by mail ballot, the secretary count, and the chair will announce the appointed by the board of directors; will cause the following materials to be result of the vote. (b) If sufficient nominations are made mailed to each member and the by the nominating committee or by b Option A4—Election by Electronic following procedures will be followed: Device (Including But Not Limited to petition to provide more than one (1) One ballot, clearly identified as Telephone and Electronic Mail) or Mail nominee for any position to be filled, such, on which the names of the Ballot; Nominating Committee and the secretary, at least 30 days prior to candidates for the board of directors and Nominations by Petition the annual meeting, will cause either a the candidates for other separately printed ballot or notice of ballot to be identified offices or committees are Section 1. At least 120 days prior to mailed to all members eligible to vote; printed in order as determined by the each annual meeting, the chair will (c) If the credit union is conducting its draw of lots. The name of each appoint a nominating committee of not elections electronically, the secretary candidate will be followed by a brief fewer than three members. It is the duty will cause the following materials to be statement of qualifications and of the nominating committee to mailed to each eligible voter and the biographical data in a form approved by nominate at least one member for each following procedures will be followed: the board of directors; vacancy, including any unexpired term (1) One notice of balloting stating the (2) One ballot envelope clearly vacancy, for which elections are being names of the candidates for the board of marked with instructions that the held, and to determine that the members directors and the candidates for other completed ballot must be placed in that nominated are agreeable to the placing separately identified offices or envelope and sealed; of their names in nomination and will committees. The name of each (3) One identification form to be accept office if elected. The nominating candidate must be followed by a brief completed so as to include the name, committee files its nominations with the statement of qualifications and address, signature and credit union secretary of the credit union at least 90 biographical data in a form approved by account number of the voter; days prior to the annual meeting, and the board of directors. (4) One mailing envelope in which the secretary notifies in writing all (2) One instruction sheet stating the voter, pursuant to instructions members eligible to vote at least 75 days specific instructions for the electronic provided with the mailing envelope,

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This may be done by printing resolved; and in the event that more must have postage prepaid and be the credit union’s bylaws with this than one voting procedure is used, to preaddressed for return to the tellers; provision or by retaining this copy and verify that no eligible voter has voted (5) When properly designed, one form checking the box. more than one time; can be printed that represents a b Section 8 The board of directors (e) Ballots mailed to the tellers combined ballot and identification form, may authorize the use of absentee pursuant to subsection (b) hereof, must and postage prepaid and preaddressed ballots in conjunction with the other be received by the tellers no later than return envelope; procedures authorized in this article, midnight 5 days prior to the date of the (6) It is the duty of the tellers to verify, subject to the following conditions: annual meeting; and or cause to be verified, the name and (a) The election tellers will be (f) After the expiration of the period credit union account number of the appointed by the board of directors; of time specified in the preceding voter as appearing on the identification (b) If sufficient nominations are made subsection (e), the voting by absentee form; to place the verified identification by the nominating committee or by ballot will be closed and absentee form and the sealed ballot envelope in petition to provide more than one ballots deposited in the ballot boxes to a place of safekeeping pending the nominee for any position to be filled, be taken to the annual meeting or count of the vote; in the case of a the secretary, at least 30 days prior to included in a precount in accordance questionable or challenged the annual meeting, will cause printed with procedures specified in Article V, identification form, to retain the ballots to be mailed to all members of Section 2. identification form and sealed ballot the credit union who are eligible to vote envelope together until the verification and who have submitted a written Article VI. Board of Directors or challenge has been resolved; request for an absentee ballot; Section 1. The board consists of (7) Ballots mailed to the tellers must (c) The secretary will cause the lllll members, all of whom must be received by the tellers no later than following materials to be mailed to each be members of this credit union. The midnight 5 days prior to the date of the such eligible voter who has submitted a number of directors may be changed to annual meeting; written request for an absentee ballot: an odd number not fewer than 5 nor (1) One ballot, clearly identified as (8) Voting will be closed at the more than 15 by resolution of the board. such, on which the names of the midnight deadline specified in No reduction in the number of directors candidates for the board of directors and subsection (7) hereof and the vote will may be made unless corresponding the candidates for other separately be tallied by the tellers. The result will vacancies exist as a result of deaths, identified offices or committees are be verified at the annual meeting and resignations, expiration of terms of printed in order as determined by the the chair will make the result of the vote office, or other actions provided by draw of the lots. The name of each public at the annual meeting. these bylaws. A copy of the resolution candidate will be followed by a brief Section 3. Nominations may be in the of the board covering any increase or statement of qualifications and following order: decrease in the number of directors (a) Nominations for directors. biographical data in a form approved by must be filed with the official copy of (b) Nominations for credit committee the board of directors; the bylaws of this credit union. members, if applicable. Elections may (2) One ballot envelope clearly lllll be by separate ballots following the marked with instructions that the Section 2. (Fill in the same order as the above nominations or, completed ballot must be placed in that number) directors or committee members may be a paid employee of the if preferred, may be by one ballot for all envelope and sealed; lllll offices. (3) One identification form to be credit union. (Fill in the Section 4. Members cannot vote by completed so as to include the name, number) immediate family members of proxy, but a member other than a address, signature and credit union a director or committee member may be natural person may vote through an account number of the voter; a paid employee of the credit union. In agent designated in writing for the (4) One mailing envelope in which no case may employees and family purpose. A trustee, or other person the voter, pursuant to instructions members constitute a majority of the acting in a representative capacity, is provided with the envelope, must insert board. The board may appoint a lllll not, as such, entitled to vote. the sealed ballot envelope and the management official who Section 5. Irrespective of the number identification form, and which must (may or may not) be a member of the of shares, no member has more than one have postage prepaid and be board and one or more assistant lllll vote. preaddressed for return to the tellers; management officials who Section 6. The names and addresses (5) When properly designed, one form (may or may not) be a member of the of members of the board, board officers, can be printed that represents a board. If the management official or executive committee, and members of combined ballot and identification form, assistant management official is the credit committee, if applicable, and and postage prepaid and preaddressed permitted to serve on the board, he or supervisory committees must be return envelope; she may not serve as the chair. forwarded to the Administration in (d) It is the duty of the tellers of Section 3. Regular terms of office for accordance with the Act and regulations election to verify, or cause to be directors must be for periods of either 2 in the manner as may be required by the verified, the name and credit union or 3 years as the board determines: Administration. account number of the voter as provided, however, that all regular Section 7. The board may establish by appearing on the identification form; to terms must be for the same number of resolution a minimum age, not greater place the verified identification and the years and until the election and than 18 years of age, as a qualification sealed ballot envelope in a place of qualification of successors. The regular for eligibility to vote at meetings of the safekeeping pending the count of the terms must be fixed at the beginning, or members, or to hold elective or vote; in the case of a questionable or upon any increase or decrease in the appointive office, or both. challenged identification form, to retain number of directors, that approximately The Credit Union may select the the identification form and the sealed an equal number of regular terms must absentee ballot provision in conjunction ballot envelope together until the expire at each annual meeting.

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Section 4. Any vacancy on the board, otherwise, are properly bonded in absent, disqualified, or otherwise unable credit committee, if applicable, or accordance with the Act and to perform the duties of the office, the supervisory committee will be filled regulations. board may by resolution designate within a reasonable time by vote of a (e) Performing additional acts and another member of this credit union to majority of the directors then holding exercising additional powers as may be fill the position temporarily. The board office. Directors and credit committee required or authorized by applicable may also, by resolution, designate members so appointed will hold office law. another member or members of this only until the next annual meeting, at If the credit union has an elected credit union to act on the credit which any unexpired terms will be credit committee, you do not need to committee when necessary in order to filled by vote of the members, and until check a box. If the credit union has no obtain a quorum. the qualification of their successors. credit committee check Option 1 and if Section 9. Any member of the Members of the supervisory committee it has an appointed credit committee supervisory committee may be so appointed will hold office until the check Option 2. suspended by a majority vote of the first regular meeting of the board board of directors. The members of this b Option 1—No Credit Committee following the next annual meeting of credit union will decide, at a special members, at which the regular term (f) Reviewing denied loan meeting held not fewer than 7 nor more expires, and until the appointment and applications of members who file than 14 days after any such suspension, qualification of their successors. written requests for such review. whether the suspended committee Section 5. A regular meeting of the (g) Appointing one or more loan member will be removed from or board must be held each month at the officers and delegating to those officers restored to the supervisory committee. time and place fixed by resolution of the the power to approve or disapprove Article VII. Board Officers, board. One regular meeting each loans, lines of credit or advances from Management Officials and Executive calendar year must be conducted in lines of credit. Committee person. If a quorum is present in person (h) In its discretion, appointing a loan for the annual in person meeting, the review committee to review loan denials Section 1. The board officers of this remaining board members may and delegating to the committee the credit union are comprised of a chair, participate using audio or video power to overturn denials of loan one or more vice chairs, a financial teleconference methods. The other applications. The committee will officer, and a secretary, all of whom are regular meetings may be conducted function as a mid-level appeal elected by the board and from their using audio or video teleconference committee for the board. Any denial of number. The board determines the title methods. The chair, or in the chair’s a loan by the committee must be and rank of each board officer and absence the ranking vice chair, may call reviewed by the board upon written records them in the addendum to this a special meeting of the board at any request of the member. The committee Article. One board officer, the time and must do so upon written must consist of three members and the llllllll, may be compensated request of a majority of the directors regular term of office of the committee for services as determined by the board. then holding office. Unless the board member will be for two years. Not more If more than one vice chair is elected, prescribes otherwise, the chair, or in the than one member of the committee may the board determines their rank as first chair’s absence the ranking vice chair, be appointed as a loan officer. vice chair, second vice chair, and so on. will fix the time and place of special b The offices of the financial officer and Option 2—Appointed Credit secretary may be held by the same meetings. Notice of all meetings will be Committee. given in such manner as the board may person. Unless removed as provided in from time to time by resolution (f) Appointing an odd number of these bylaws, the board officers elected prescribe. Special meetings may be credit committee members as provided at the first meeting of the board hold conducted using audio or video in Article VIII of these bylaws. office until the first meeting of the board teleconference methods. Section 7. A majority of the number following the first annual meeting of the Section 6. The board has the general of directors, including any vacant members and until the election and direction and control of the affairs of positions, constitutes a quorum for the qualification of their respective this credit union and is responsible for transaction of business at any meeting; successors. performing all the duties customarily but fewer than a quorum may adjourn Section 2. Board officers elected at the performed by boards of directors. This from time to time until a quorum is in meeting of the board next following the includes but is not limited to the attendance. annual meeting of the members, which following: Section 8. If a director or a credit must be held not later than 7 days after (a) Directing the affairs of the credit committee member, if applicable, fails the annual meeting, hold office for a union in accordance with the Act, these to attend regular meetings of the board term of 1 year and until the election and bylaws, the rules and regulations and or credit committee, respectively, for 3 qualification of their respective sound business practices. consecutive months, or 4 meetings successors: provided, however, that any (b) Establishing programs to achieve within a calendar year, or otherwise person elected to fill a vacancy caused the purposes of this credit union as fails to perform any of the duties as a by the death, resignation, or removal of stated in Article 1, section 2, of these director or a credit committee member, an officer is elected by the board to bylaws. the office may be declared vacant by the serve only for the unexpired term of (c) Establishing a loan collection board and the vacancy filled as such officer and until a successor is program and authorizing the chargeoff provided in the bylaws. The board may duly elected and qualified. of uncollectible loans. remove any board officer from office for Section 3. The chair presides at all (d) Determining that all persons failure to perform the duties thereof, meetings of the members and at all appointed or elected by this credit after giving the officer reasonable notice meetings of the board, unless union to any position requiring the and opportunity to be heard. disqualified through suspension by the receipt, payment or custody of money or When any board officer, membership supervisory committee. The chair also other property of this credit union, or in officer, executive committee member or performs such other duties as its custody or control as collateral or investment committee member is customarily appertain to the office of

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The management official may authorize such executive committee or a checks, drafts and other orders for be assigned any or all of the membership officer(s) appointed by the disbursement of credit union funds. responsibilities of the financial officer board from the membership other than Section 5. The ranking vice chair has described in section 6 of this article. a board member paid as an officer, the and may exercise all the powers, The board will determine the title and financial officer, any assistant to the authority, and duties of the chair during rank of each management official and paid officer of the board or to the the chair’s absence or inability to act. record them in the addendum to this financial officer or any loan officer, to Section 6. The financial officer article. The board may employ one or serve at its pleasure to approve manages this credit union under the more assistant management officials. applications for membership under such control and direction of the board The board may authorize assistant conditions as the board and these unless the board has appointed a management officials under the bylaws may prescribe. No executive management official to act as general direction of the management official, to committee member or membership manager. Subject to such limitations, perform any of the duties devolving on officer may be compensated as such. controls and delegations as may be the management official, including the Section 11. The board may appoint an imposed by the board, the financial signing of checks. When designated by investment committee composed of not officer will: the board, any assistant management less than two, to serve at its pleasure to (a) Have custody of all funds, official may also act as management have charge of making investments securities, valuable papers and other official during the management official’s under rules and procedures established assets of this credit union. temporary absence or temporary by the board. No member of the (b) Provide and maintain full and inability to act. investment committee may be complete records of all the assets and Section 8. The board employs, fixes compensated as such. liabilities of this credit union in the compensation, and prescribes the Addendum: The board must list the accordance with forms and procedures duties of such employees as may in the positions of the board officers and prescribed in the Accounting Manual discretion of the board be necessary, management officials of this credit for Federal Credit Unions or otherwise and has the power to remove such union. They are as follows: approved by the Administration. employees, unless it has delegated these Select Option 1 if the credit union has (c) Within 20 days after the close of powers to the financial officer or a credit committee and Option 2 if it each month, ensure that a financial management official. Neither the board, does not have a credit committee. statement showing the condition of this the financial officer, nor the b Option 1—Article VIII. Credit credit union as of the end of the month, management official has the power or Committee including a summary of delinquent duty to employ, prescribe the duties of, loans is prepared and submitted to the or remove necessary clerical and Section 1. The credit committee board and post a copy of such statement auditing assistance employed or utilized consists of lllll members. All the in a conspicuous place in the office of by the supervisory committee and, if members of the credit committee must the credit union where it will remain there is a credit committee, the power be members of this credit union. The until replaced by the financial statement or duty to employ, prescribe the duties number of members of the credit for the next succeeding month. of, or remove any loan officer appointed committee must be an odd number and (d) Ensure that such financial and by the credit committee. may be changed to not fewer than 3 nor other reports as the Administration may Section 9. The secretary prepares and more than 7 by resolution of the board. require are prepared and sent. maintains full and correct records of all No reduction in the number of members (e) Within standards and limitations meetings of the members and of the may be made unless corresponding prescribed by the board, employ tellers, board, which records will be prepared vacancies exist as a result of deaths, clerks, bookkeepers, and other office within 7 days after the respective resignations, expiration of terms of employees, and have the power to meetings. The secretary must promptly office, or other actions provided by remove such employees. inform the Administration in writing of these bylaws. A copy of the resolution (f) Perform such other duties as any change in the address of the office of the board covering any increase or customarily appertain to the office of of this credit union or the location of its decrease in the number of committee the financial officer or as may be principal records. The secretary will members must be filed with the official directed to perform by resolution of the give or cause to be given, in the manner copy of the bylaws of this credit union. board not inconsistent with the Act, prescribed in these bylaws, proper Section 2. Regular terms of office for regulations and these bylaws. notice of all meetings of the members, elected credit committee members are The board may employ one or more and perform such other duties as may be for periods of either 2 or 3 years as the assistant financial officers, none of directed to perform by resolution of the board determines: provided, however, whom may also hold office as chair or board not inconsistent with the Act, that all regular terms are for the same vice chair, and may authorize them, regulations and these bylaws. The board number of years and until the election under the direction of the financial may employ one or more assistant and qualification of successors. The officer, to perform any of the duties secretaries, none of whom may also regular terms are fixed at the beginning, devolving on the financial officer, hold office as chair, vice chair, or or upon any increase or decrease in the including the signing of checks. When financial officer, and may authorize number of committee members, that designated by the board, any assistant them under direction of the secretary to approximately an equal number of financial officer may also act as perform any of the duties devolving on regular terms expire at each annual financial officer during the financial the secretary. meeting.

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Regular terms of office for appointed committee, or a loan officer, determines be appointed to the committee. Regular credit committee members are for the security, if any, required for each terms of committee members are for periods as determined by the board and application and the terms of repayment. periods of 1, 2, or 3 years as the board as noted in the board’s minutes. The security furnished must be determines: provided, however, that all Section 3. The credit committee adequate in quality and character and regular terms are for the same number chooses from their number a chair and consistent with sound lending practices. of years and until the appointment and a secretary. The secretary of the When funds are not available to make qualification of successors. The regular committee prepares and maintains full all the loans and lines of credit for terms are fixed at the beginning, or upon and correct records of all actions taken which there are applications, preference any increase or decrease in the number by it, and such records must be should be given, in all cases, to the of committee members, so that prepared within 3 days after the action. smaller applications if the need and approximately an equal number of The offices of the chair and secretary credit factors are nearly equal. regular terms expires at each annual may be held by the same person. b meeting. Section 4. The credit committee may, Option 2—Article VIII. Loan Officers (No Credit Committee) Section 2. The supervisory committee by majority vote of its members, appoint members choose from among their one or more loan officers to serve at its Section 1. Each loan officer must number a chair and a secretary. The pleasure, and delegate to them the maintain a record of each approved or secretary of the supervisory committee power to approve application for loans not approved transaction within 7 days prepares, maintains, and has custody of or lines of credit, share withdrawals, of the filing of the application or full and correct records of all actions releases and substitutions of security, request, and such record becomes a part taken by it. The offices of chair and within limits specified by the committee of the records of the credit union. No secretary may be held by the same and within limits of applicable law and individual may disburse funds of this person. regulations. Not more than one member credit union for any application or share Section 3. The supervisory committee of the committee may be appointed as withdrawal which the individual has makes, or causes to be made, such a loan officer. Each loan officer must approved as a loan officer. audits, and prepares and submits such furnish to the committee a record of Section 2. The loan officer must for written reports, as are required by the each approved or not approved each loan or line of credit inquire into Act and regulations. The committee may transaction within 7 days of the date of the character and financial condition of employ and use such clerical and the filing of the application or request, the applicant and the applicant’s auditing assistance as may be required and such record becomes a part of the sureties, if any, to ascertain their ability to carry out its responsibilities records of the committee. All to repay fully and promptly the prescribed by this article, and may applications or requests not approved obligations incurred by them and to request the board to provide by a loan officer must be acted upon by determine whether the loan or line of compensation for such assistance. It will the committee. No individual may credit will be of probable benefit to the prepare and forward to the disburse funds of this credit union for borrower. The loan officers should Administration such reports as may be any application or share withdrawal endeavor diligently to assist applicants required. which the individual has approved as a in solving their financial problems. loan officer. Section 3. No loan or line of credit Section 4. The supervisory committee Section 5. The credit committee holds may be made unless approved by a loan will cause the verification of the meetings as the business of this credit officer in accordance with applicable accounts of all members with the union may require, and not less law and regulations. records of the financial officer from time frequently than once a month. Notice of Section 4. Subject to the limits to time and not less frequently than as such meetings will be given to members imposed by applicable law and required by the Act and regulations. The of the committee in a manner as the regulations, these bylaws, and the committee must maintain a record of committee may from time to time, by general policies of the board, a loan such verification. resolution, prescribe. officer determines the security if any Section 5. By unanimous vote, the Section 6. The credit committee or required for each application and the supervisory committee may suspend loan officer must for each loan or line terms of repayment. The security until the next meeting of the members of credit inquire into the character and furnished must be adequate in quality any director, board officer, or member of financial condition of the applicant and and character and consistent with sound the credit committee. In the event of any the applicant’s sureties, if any, to lending practices. When funds are not such suspension, the supervisory ascertain their ability to repay fully and available to make all the loans and lines committee must call a special meeting promptly the obligations incurred by of credit for which there are of the members to act on the them and to determine whether the loan applications, preference should be suspension, which meeting must be or line of credit will be of probable given, in all cases, to the smaller held not fewer than 7 nor more than 14 benefit to the borrower. The credit applications if the need and credit days after the suspension. The chair of committee and its appointed loan factors are nearly equal. the committee acts as chair of the officers should endeavor diligently to meeting unless the members select Article IX. Supervisory Committee assist applicants in solving their another person to act as chair. financial problems. Section 1. The supervisory committee Section 6. By the affirmative vote of Section 7. No loan or line of credit is appointed by the board from among a majority of its members, the may be made unless approved by the the members of this credit union, one of supervisory committee may call a committee or a loan officer in whom may be a director other than the special meeting of the members to accordance with applicable law and financial officer. The board determines consider any violation of the provisions regulations. the number of members on the of the Act, the regulations, or of the Section 8. Subject to the limits committee, which may not be fewer charter or the bylaws of this credit imposed by applicable law and than 3 nor more than 5. No member of union, or to consider any practice of this regulations, these bylaws, and the the credit committee, if applicable, or credit union which the committee general policies of the board, the credit any employee of this credit union may deems to be unsafe or unauthorized.

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Article X. Organization Meeting Article XII. Dividends this credit union may participate in any manner, directly or indirectly, in the Section 1. At the time application is Section 1. The board establishes dividend periods and declares deliberation upon or the determination made for a federal credit union charter, of any question affecting his or her the subscribers to the organization dividends as permitted by the Act and applicable regulations. pecuniary or personal interest or the certificate must meet for the purpose of pecuniary interest of any corporation, electing a board of directors and a credit Article XIII. Deposit of Funds partnership, or association (other than committee, if applicable. Failure to Section 1. All funds of this credit this credit union) in which he or she is commence operations within 60 days union, except for petty cash and cash directly or indirectly interested. In the following receipt of the approved change funds, must be deposited in event of the disqualification of any organization certificate is cause for such qualified depository or director respecting any matter presented revocation of the charter unless a depositories from among those to the board for deliberation or request for an extension of time has authorized by applicable law and determination, such director must been submitted to and approved by the regulations as the board may from time withdraw from such deliberation or Regional Director. to time by resolution designate; and determination; and in such event the Section 2. The subcribers elect a chair must be so deposited not later than the remaining qualified directors present at and a secretary for the meeting. The lllll (fill in number) banking day the meeting, if constituting a quorum subscribers then elect from their after their receipt: provided, however, with the disqualified director or number, or from those eligible to that receipts in the aggregate of directors, may exercise with respect to become members of this credit union, a $lllll (fill in number) or less may this matter, by majority vote, all the board of directors and a credit be held as long as 1 week before they powers of the board. In the event of the committee, if applicable, all to hold are deposited. disqualification of any member of the credit committee, if applicable, or the office until the first annual meeting of Article XIV. Expulsion and Withdrawal the members and until the election and supervisory committee, such committee qualification of their respective Section 1. A member may be expelled member must withdraw from such successors. If not already a member, only in the manner provided by the Act. deliberation or determination. every person elected under this section Expulsion or withdrawal will not Section 5. Copies of the organization or appointed under section 3 of this operate to relieve a member of any certificate of this credit union, its article, must qualify within 30 days by liability to this credit union. All bylaws and any amendments thereof, becoming a member. If any person amounts paid in on shares by expelled and any special authorizations by the elected as a director or committee or withdrawing members, prior to their Administration must be preserved in a member or appointed as a supervisory expulsion or withdrawal, will be paid to place of safekeeping. Copies of the committee member does not qualify as them in the order of their withdrawal or organization certificate and field of a member within 30 days of such an expulsion, but only as funds become membership amendments should be election or appointment, the office will available and only after deducting any attached as an appendix to these automatically become vacant and be amounts due to this credit union. bylaws. Returns of nominations and filled by the board. Article XV. Minors elections and proceedings of all regular and special meetings of the members Section 3. Promptly following the Section 1. Shares may be issued in the and directors must be recorded in the elections held under the provisions of name of a minor. minute books of this credit union. The section 2 of this article, the board must Article XVI. General minutes of the meetings of the members, meet and elect the board officers who the board, and the committees must be Section 1. All power, authority, will hold office until the first meeting of signed by their respective chairmen or duties, and functions of the members, the board of directors following the first presiding officers and by the persons directors, officers, and employees of this annual meeting of the members and who serve as secretaries of such credit union, pursuant to the provisions until the election and qualification of meetings. of these bylaws, must be exercised in their respective successors. The board Section 6. All books of account and strict conformity with the provisions of also appoints a supervisory committee other records of this credit union must applicable law and regulations, and of at this meeting as provided in Article be available at all times to the directors the charter and the bylaws of this credit IX, section 1, of these bylaws and a and committee members of this credit credit committee, if applicable. The union. Section 2. The officers, directors, union. The charter and bylaws of this members so appointed hold office until credit union must be made available for the first regular meeting of the board members of committees and employees of this credit union must hold in inspection by any member and, if the following the first annual meeting of the member requests a copy, it will be members and until the appointment and confidence all transactions of this credit union with its members and all provided for a reasonable fee. qualification of their respective Section 7. Members must keep the information respecting their personal successors. credit union informed of their current affairs, except when permitted by state address. Article XI. Loans and Lines of Credit to or federal law. Members Section 3. Notwithstanding any other Section 8. (a) The credit union may provisions in these bylaws, any director elect to indemnify to the extent Section 1. Loans may only be made to or committee member of this credit authorized by (check one) lllll members and for provident or union may be removed from office by [ ] law of the state of : productive purposes in accordance with the affirmative vote of a majority of the [ ] Model Business Corporation Act: applicable law and regulations. members present at a special meeting the following individuals from any Section 2. Any member whose loan is called for the purpose, but only after an liability asserted against them and delinquent may be required to pay a late opportunity has been given to be heard. expenses reasonably incurred by them charge as determined by the board of Section 4. No director, committee in connection with judicial or directors. member, officer, agent, or employee of administrative proceedings to which

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.081 pfrm04 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55773 they are or may become parties by the paid-in share accounts as of such Sunshine Act (Public Law 94–409) and reason of the performance of their date, less any losses that may have been regulations of the Institute of Museum official duties (check as appropriate). incurred for which there is no reserve or and Library Services, 45 CFR 1180.84. [ ] current officials which have not been charged against TIME/DATE: 1:30–3:30 pm on Friday, [ ] former officials undivided earnings. November 5, 1999. [ ] current employees (h) ‘‘Surplus,’’ as of a given date, [ ] former employees means the credit balance of the STATUS: Open. (b) The credit union may purchase undivided earnings account on such ADDRESSES: The Board Room of and maintain insurance on behalf of the date, after all losses have been provided American Society of Association individuals indicated in (a) above for and net earnings or net losses have Executives, 1575 I Street, NW, against any liability asserted against been added thereto or deducted Washington, DC 20005–1168, (202) 626– them and expenses reasonably incurred therefrom, as the case may be. Reserves 2723. by them in their official capacities and are not considered as a part of the FOR FURTHER INFORMATION CONTACT: arising out of the performance of their surplus. Elizabeth Lyons, Special Assistant to the official duties to the extent such (i) ‘‘Share’’ or ‘‘shares’’ means all Director, Institute of Museum and insurance is permitted by the applicable classes of shares and share certificates Library Services, 1100 Pennsylvania state law or the Model Business that may be held in accordance with Avenue, NW, Room 510, Washington, Corporation Act. applicable law and regulations. DC 20506, (202) 606–4649. (c) The term ‘‘official’’ in this bylaw Section 2. If included in the definition means a person who is a member of the of the field of membership in the SUPPLEMENTARY INFORMATION: The board of directors, credit committee, organization certificate charter of this National Museum Services Board is supervisory committee, other volunteer credit union, the term or expressions: established under the Museum Services committee (including elected or (a) ‘‘Organizations of such persons’’ Act, Title II of the Arts, Humanities, and appointed loan officers or membership means an organization or organizations Cultural Affairs Act of 1976, Public Law officers), established by the board of composed exclusively of persons who 94–462. The Board has responsibility for directors. are within the field of membership of the general policies with respect to the this credit union. powers, duties, and authorities vested in Article XVII. Amendments of Bylaws (b) ‘‘Immediate family member’’ the Institute under the Museum Services and Charter eligibility is limited to spouse, child, Act. Section 1. Amendments of these sibling, parent, grandparent or The meeting on Friday, November 5, bylaws may be adopted and grandchild. For the purposes of this 1999 will be open to the public. If you amendments of the charter requested by definition, immediate family member need special accommodations due to a the affirmative vote of two-thirds of the includes stepparents, stepchildren, disability, please contact: Institute of authorized number of members of the stepsiblings, and adoptive relationships. Museum and Library Services, 1100 board at any duly held meeting of the A credit union may adopt a more Pennsylvania Avenue, NW, Washington, board if the members of the board have restrictive definition of this term by DC 20506—(202) 606–8536—TDD (202) been given prior written notice of the deleting this definition from its bylaws 606–8636 at least seven (7) days prior to meeting and the notice has contained a and replacing it with its own more the meeting date. copy of the proposed amendment or restrictive definition. Agenda—76th Meeting of the National amendments. No amendment of these (c) ‘‘Household’’ is defined as persons Museum Services Board bylaws or of the charter may become living in the same residence effective, however, until approved in maintaining a single economic unit. A The Board Room of American Society of writing by the NCUA Board. credit union may adopt a more Association Executives, 1575 I Street, Article XVIII. Definitions restrictive definition of this term by NW, Washington, DC 20005–1168 deleting this definition from its bylaws Friday, November 5, 1999 Section 1. When used in these bylaws and replacing it with its own more the terms: restrictive definition. 1:30—3:30pm (a) ‘‘Act’’ means the Federal Credit I. Chairperson’s Welcome and Union Act, as amended. [FR Doc. 99–26716 Filed 10–13–99; 8:45 am] Minutes of the 75th NMSB (b) ‘‘Administration’’ means the BILLING CODE 7535±01±P National Credit Union Administration. Meeting—May 14, 1999 (c) ‘‘Board’’ means board of directors II. Director’s Report of the federal credit union. NATIONAL FOUNDATION ON THE III. Appropriations Report (d) ‘‘NCUA Board’’ means the Board ARTS AND THE HUMANITIES IV. Legislative/Public Affairs Report of the National Credit Union V. Office of Research and Technology Administration. Sunshine Act Meeting Report (e) ‘‘Regulation’’ or ‘‘regulations’’ Meeting of the National Museum VI. Office of Museum Services means rules and regulations issued by Program Reports the NCUA Board. Services Board VII. Office of Library Services (f) ‘‘Applicable law and regulations’’ AGENCY: Institute of Museum and Program Reports means the Federal Credit Union Act and Library Services. rules and regulations issued thereunder ACTION: Notice of meeting. Dated: October 7, 1999. or other applicable federal and state Linda Bell, statutes and rules and regulations issued SUMMARY: This notice sets forth the Director of Policy, Planning and Budget, thereunder as the context indicates agenda of a forthcoming meeting of the National Foundation of the Arts and (such as The Higher Education Act of National Museum Services Board. This Humanities, Institute of Museum and Library 1965). notice also describes the function of the Services. (g) ‘‘Paid in and unimpaired capital,’’ board. Notice of this meeting is required [FR Doc. 99–26973 Filed 10–12–99; 1:00 pm] as of a given date, means the balance of under the Government through the BILLING CODE 7036±01±M

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NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice and NATIONAL SCIENCE FOUNDATION recommendations concerning proposals Special Emphasis Panel in submitted to NSF for financial support. Advisory Panel for Biological Bioengineering and Environmental Agenda: To review and evaluate proposals Infrastructure; Notice of Meeting Systems; Notice of Meeting as part of the selection process for awards. Reason for Closing: The proposals being In accordance with the Federal In accordance with the Federal reviewed include information of a Advisory Committee Act (Pub. L. 92– Advisory Committee Act (Pub. L. 92– proprietary or confidential nature, including 463, as amended), The National Science 463, as amended), the National Science technical information; financial data, such as Foundation announces the following Foundation announces the following salaries; and personal information meeting: meeting. concerning individuals associated with the Name: Advisory Panel for Biological Name: Special Emphasis Panel in proposals. These matters are exempt under 5 Infrastructure (1215). Bioengineering and Environmental System U.S.C. 552b(c), (4) and (6) of the Government Date and Time: November 15–17, 1999; (1189). in the Sunshine Act. 8:30 a.m. until 6 p.m. Date and Time: November 2, 1999; 8:00 Place: Room 380, NSF, 4201 Wilson AM—5:00 PM. Dated: October 7, 1999. Boulevard, Arlington, Virginia. Place: National Science Foundation, 4201 Karen J. York, Type of Meeting: Closed. Wilson Boulevard; Arlington, Virginia, Room Committee Management Officer. Contact Person: Dr. William R. Gordon, Program Director, Research Experiences for 530. [FR Doc. 99–26737 Filed 10–13–99; 8:45 am] Type of Meeting: Closed. Undergraduate, Division of Biological Contact Person: Edward H. Bryan, Program BILLING CODE 7555±01±M Infrastructure, Room 615, NSF, 4201 Wilson Director, Division of Bioengineering and Boulevard, Arlington, VA 22230, (703) 306– Environmental Systems, National Science 1469. Foundation; 4201 Wilson Boulevard; NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice and Arlington, Virginia 22230; Telephone: (703) recommendations concerning proposals 306–1318. Special Emphasis Panel in submitted to NSF for financial support. Purpose of Meeting: To provide advice and Agenda: To review and evaluate Research Bioengineering and Environmental Experiences for Undergraduate Sites recommendations concerning proposals Systems; Notice of Meeting submitted to NSF for financial support. proposals as part of the selection process for awards. Agenda: To review and evaluate proposals In accordance with the Federal as part of the selection process for awards. Reason for Closing: The proposals being Reason for Closing: The Proposals being Advisory Committee Act (Pub. L. 92– reviewed include informaton of a proprietary reviewed include information of a 463, as amended), the National Science or confidential nature, including technical proprietary or confidential nature, including Foundation announces the following information; financial data, such as salaries; technical information; financial data, such as meeting. and personal information concerning salaries; and personal information individuals associated with the proposals. Name: Special Emphasis Panel in concerning individuals associated with the These matters are exempt under 5 U.S.C. 552b(c)(4) and (6) of the Government in the proposals. These matters are exempt under 5 Bioengineering and Environmental Systems Sunshine Act. U.S.C. 552b(c), (4) and (6) of the Government (1189). in the Sunshine Act. Date and Time: October 20–21, 1999 8:00 Dated: October 7, 1999. AM–5:00 PM. Karen J. York, Dated: October 7, 1999. Place: National Science Foundation, 4201 Committee Management Officer. Karen J. York, Wilson Boulevard, Arlington, VA 22230, [FR Doc. 99–26735 Filed 10–13–99; 8:45 am] Committee Management Officer. Room 330. BILLING CODE 7555±01±M [FR Doc. 99–26736 Filed 10–13–99; 8:45 am] Type of Meeting: Closed. BILLING CODE 7555±01±M Contact Person: Fred G. Heineken, Program Director, Division of Bioengineering and NATIONAL SCIENCE FOUNDATION Environmental Systems, National Science NATIONAL SCIENCE FOUNDATION Foundation, 4201 Wilson Boulevard, Special Emphasis Panel in Chemical Arlington, VA 22230, Telephone: (703) 306– and Transport Systems; Notice of Special Emphasis Panel in 1318. Meeting Bioengineering and Environmental Purpose of Meeting: To provide advice and Systems; Notice of Meeting recommendations concerning proposals In accordance with the Federal submitted to NSF for financial support. Advisory Committee Act (Pub. L. 92– In accordance with the Federal 463, as amended), the National Science Advisory Committee Act (Pub. L. 92– Agenda: To review and evaluate proposals as part of the selection process for awards. Foundation announces the following 463, as amended), the National Science Technology for a Sustainable Environmental meeting: Foundation announces the following (NSF/EPA) Proposal Review Panel. meeting. Name: Special Emphasis Panel in Reason for Closing: The proposals being Chemical and Transport Systems (1190). Name: Special Emphasis Panel in reviewed include information of a Date and Time: November 16, 1999, 8:30 Bioengineering and Environmental Systems proprietary or confidential nature, including a.m. to 5:30 p.m. (Room 120); November 17, (1189). technical information; financial data, such as 1999, 8:00 a.m. to 12:00 Noon (Room 770). Date and Time: November 5, 1999; 8:00 salaries; and person Information concerning Place: National Science Foundation, 4201 AM–5:00 PM. individuals associated with the proposals. Wilson Boulevard, Arlington, VA 22230, Place: National Science Foundation, 4201 These matters are exempt under 5 U.S.C. (703) 306–1371. Wilson Boulevard; Arlington, Virginia Room 552b(c), (4) and (6) of the Government in the Type of Meeting: Closed. 530. Contact Person: Dr. M.C. Roco, Program Sunshine Act. Type of Meeting: Closed. Director, Division of Chemical and Transport Contact Person: Edward H. Bryan, Program Dated: October 7, 1999. Systems (CTS), Room 525, (703) 306–1371. Director, Division of Bioengineering and Karen J. York, Purpose of Meeting: To provide advice and Environmental Systems, National Science Committee Management Officer. recommendations concerning proposals Foundation; 4201 Wilson Boulevard; submitted to NSF for financial support. Arlington, Virginia 22230; Telephone: (703) [FR Doc. 99–26738 Filed 10–13–99; 8:45 am] Agenda: To review and evaluate 306–1318. BILLING CODE 7555±01±M nominations for the FY99 Nanobiosystems

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Panel, Section B proposals as part of the Name: Advisory Committee for Education issues, both for the Directorate and the selection process for awards. and Human Resources (#1119). Foundation as a whole. Reason for Closing: The proposals being Date and Time: Dated: October 7, 1999. reviewed include information of a November 4: 8:30 am–6:15 pm. Karen J. York, proprietary or confidential nature, including November 5: 8:30 am–3:00 pm. technical information; financial data, such as Committee Management Officer. salaries and personal information concerning Place: Arlington Hilton Hotel, 950 N. [FR Doc. 99–26740 Filed 10–13–99; 8:45 am] Stafford Street, Arlington, VA 22230. individuals associated with the proposals. BILLING CODE 7555±01±M These matters are exempt under 5 U.S.C. Type of Meeting: 552b(c)(4) and (6) of the Government in the Part Open Sunshine Act. Closed: November 4: 5:15 pm–6:15 pm NATIONAL SCIENCE FOUNDATION Dated: October 7, 1999. Discussion of Personnel Issues. Karen J. York, Contact Person: John B. Hunt, Senior Special Emphasis Panel in Engineering Committee Management Officer. Liaison, ACEHR, Directorate for Education Education and Centers; Notice of and Human Resources, National Science Meeting [FR Doc. 99–26744 Filed 10–13–99; 8:45 am] Foundation, 4201 Wilson Boulevard, Room BILLING CODE 7555±01±M 805, Arlington, VA 22230, 703–306–1602. In accordance with the Federal Summary Minutes: May be obtained from contact person listed above. Advisory Committee Act (Pub. L. 92– NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice and 463, as amended), the National Science recommendations concerning NSF support Foundation announces the following Special Emphasis Panel in Chemical for Education and Human Resources. meeting: and Transport Systems; Notice of Agenda: Review of FY2000 Programs and Name: Special Emphasis Panel in Meeting strategic planning for FY 2000 and beyond. Engineering Education and Centers (#173). Reason for Closing: The information being Date and Time: November 1 and 2, 1999, In accordance with the Federal discussed includes personnel issues 9:00 AM–5:00 PM. Advisory Committee Act (Pub. L. 92– involving specific individuals. These matters Place: National Science Foundation, Room 463, as amended), the National Science are exempt under 5 U.S.C. 552b(c)(6) of the 330, 4201 Wilson Boulevard, Arlington, VA Foundation announces the following Government in the Sunshine Act. 22230. meeting: Dated: October 7, 1999. Type of Meeting: Closed. Name: Special Emphasis Panel in Karen J. York, Contact Persons: Dr. Theresa A. Chemical and Transport Systems (1190). Committee Management Officer, HRM. Maldonado, Program Director, Engineering Education and Centers Division, National Date and Time: November 20, 1999, 8:00 [FR Doc. 99–26742 Filed 10–13–99; 8:45 am] a.m. to 5:00 p.m. Science Foundation, Room 585, 4201 Wilson BILLING CODE 4555±01±M Place: Opryland Hotel, 2800 Opryland Boulevard, Arlington, VA 22230. Drive, Nashville, TN 37214–1297. Purpose of Meeting: To provide advice and Type of Meeting: Closed. recommendations concerning proposals Contact Person: Dr. Stefan Thynell, NATIONAL SCIENCE FOUNDATION submitted to NSF for financial support. Program Director, Division of Chemical and Agenda: To review and evaluate proposals Transport Systems (CTS), Room 525, (703) Advisory Committee for Engineering; submitted to the Research Experience for 306–1371. Notice of Meeting Undergraduate Program as part of the Purpose of Meeting: To provide advice and selection process for awards. recommendations concerning proposals In accordance with the Federal Reason for Closing: The proposals being submitted to NSF for financial support. Advisory Committee Act (Pub. L. 92– reviewed include information of a Agenda: To review and evaluate 463, as amended) the National Science proprietary or confidential nature, including nominations for the FY99 Thermal Transport Foundation announces the following technical information, financial data, such as salaries; and personal information & Thermal Processing Career Panel proposals meeting. as part of the selection process for awards. concerning individuals associated with the Reason for Closing: The proposals being Name and Committee Code: Advisory proposals. These matters are exempt under 5 reviewed include information of a Committee for Engineering (#1170). U.S.C. 552b(c)(4) and (6) of the Government proprietary or confidential nature, including Date and Time: in the Sunshine Act. technical information; financial data, such as November 3, 1999/8:30 a.m.–5:00 p.m. Dated: October 7, 1999. salaries and personal information concerning November 4, 1999/8:30 a.m.–1:00 p.m. Karen J. York, individuals associated with the proposals. Place: Holiday Inn Arlington at Ballston, These matters are exempt under 5 U.S.C. Committee Management Officer. 4610 North Fairfax Drive (1–66 and Glebe [FR Doc. 99–26739 Filed 10–13–99; 8:45 am] 552b(c) (4) and (6) of the Government in the Road), Arlington, Virginia 22203. Sunshine Act. Type of Meeting: Open. BILLING CODE 7555±01±M Dated: October 7, 1999. Contact Person: Dr. Elbert L. Marsh, Karen J. York, Deputy Assistant Director for Engineering, NATIONAL SCIENCE FOUNDATION Committee Management Officer. National Science Foundation, Suite 505, [FR Doc. 99–26745 Filed 10–13–99; 8:45 am] 4201 Wilson Boulevard, Arlington, VA 22230; Telephone: (703) 306–1301. For easier Advisory Panel for Methods, Cross- BILLING CODE 7555±01±M building access, individuals planning to Directorate, and Science and Society attend should contact Maxine Byrd at 703– Programs; Notice of Meeting 306–1300 or at [email protected] so that your NATIONAL SCIENCE FOUNDATION name can be added to the building access In accordance with the Federal list. Advisory Committee Act (Pub. L. 92– Advisory Committee for Education and Minutes: May be obtained from the contact 463, as amended), the National Science Human Resources; Notice of Meeting person listed above. Foundation (NSF) announces the Purpose of Meeting: To provide advice, following 4 meetings of the Advisory In accordance with the Federal recommendations and counsel on major goals Advisory Committee Act (Pub. L. 92– Panel for Infrastructure, Methods & and policies pertaining to Engineering # 463, as amended), the National Science programs and activities. Science Studies ( 1760); Foundation announces the following Agenda: The principal focus of the 1. Date and Time: November 11–12, 1999; meeting. forthcoming meeting will be on strategic 8:30 a.m.–5:00 p.m.

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Place: National Science Foundation, 4201 NATIONAL SCIENCE FOUNDATION Suite 905; 4201 Wilson Blvd., Arlington, VA Wilson Blvd., Arlington, VA 22230. 22230, Telephone: (703) 306–1741. Contact Person: Rachelle Hollander, Special Emphasis Panel in Materials Minutes: May be obtained from the contact Program Director for SDEST, National Research; Notice of Meeting person listed above. Science Foundation, 4201 Wilson Boulevard, Purpose of Meeting: To provide advice and recommendations to the National Science Arlington, VA 22230. Telephone: (703) 306– In accordance with the Federal Foundation on major goals and policies 1743. Advisory Committee Act (Pub. L. 92– pertaining to SBE programs and activities. Agenda: To review and evaluate SDEST 463, as amended), the National Science Foundation announces the following Agenda: discussions on issues, role and proposals as part of the selection process for future direction of the NSF Directorate for awards. meeting. Social Behavioral, and Economic Sciences. This notice of meeting scheduled for 2. Date and Time: November 12–13, 1998; Dated: October 7, 1999. 8:30 a.m.–5:00 p.m. October 12, 1999. The new meeting is Karen J. York, Room: National Science Foundation, 4201 scheduled for November 9, 1999. Committee Management Officer. Wilson Blvd., Room 365, Arlington, VA Name: Special Emphasis Panel in Materials [FR Doc. 99–26741 Filed 10–13–99; 8:45 am] 22230. Research (1203). Contact Person: Dr. Michael M. Sokal, Date and Time: November 9, 1999 8:00 BILLING CODE 7555±01±M Program Director for Science & Technology a.m.–5:00 p.m. Studies, National Science Foundation, 4201 Place: National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Wilson Blvd., Room 1060, Arlington, VA NATIONAL TRANSPORTATION Telephone: (703) 306–1742. 22230. SAFETY BOARD Agenda: To review and evaluate STS Type of Meeting: Closed. Contact Person: Dr. Liselotte J. Schioler, proposals as part of its selection process for Public Hearing Program Director, Ceramics Program, awards. Division of Materials Research, Room 1065, The National Transportation Safety 3. Date and Time: December 3, 1999, 8:30 National Science Foundation, 4201 Wilson Board will convene a public hearing a.m.–5:00 p.m. Boulevard, Arlington, VA 22230, Telephone: beginning at 9 a.m., local time on Room: National Science Foundation, 4201 (703) 306–1836. Wednesday, October 20–22, 1999, at the Wilson Blvd., Room 130, Arlington, VA Purpose of Meeting: To provide advice and Hilton Los Angeles Airport, 5711 West recommendations concerning proposals 22230. Century Boulevard, Los Angeles, Contact Person: Dr. Cheryl L. Eavey, submitted to NSF for financial support. California 90045 concerning Highway Program Director for Methods, Measurement Agenda: To review and evaluate proposals Transportation Safety Aspects of the & Statistics, National Science Foundation, as part of the selection process to determine North American Free Trade Agreement. 4201 Wilson Boulevard, Arlington, VA finalists considered for Ceramic Program awards. For more information, contact Jeanmarie 22230. Telephone: (703) 306–1729. Reason for Closing: The proposals being Agenda: To review and evaluate MMS Poole, NTSB Office of Highway Safety at reviewed include information of a proposals as part of its selection process for (202) 314–6448 or Lauren Peduzzi, proprietary or confidential nature, including NTSB Office of Public Affairs at (202) awards. technical information, financial data, such as 4. Date and Time: November 15, 1999; 8:30 314–6100. salaries; and personal information Individuals requesting specific a.m.–5:00 p.m. concerning individuals associated with the Room: National Science Foundation, 4201 proposals. These matters are exempt under 5 accommodation should contact Mrs. Wilson Blvd., Room 390, Arlington, VA U.S.C. 552b.(c)(4) and (6) of the Government Carolyn Dargan on 202–314–6305 by 22230. in the Sunshine Act. Friday October 15, 1999. Contact Person: Bonney Sheaham, Program Dated: October 7, 1999. Dated: October 8, 1999. Director for Cross Disciplinary Activities, Karen J. York, Rhonda Underwood, National Science Foundation, 4201 Wilson Committee Management Officer. Federal Register Liaison Officer. Boulevard, Arlington, VA 22230. Telephone: [FR Doc. 99–26743 Filed 10–13–99; 8:45 am] [FR Doc. 99–26847 Filed 10–13–99; 8:45 am] (703) 306–1733. BILLING CODE 7555±01±M BILLING CODE 7533±01±M Agenda: To review and evaluate REU Site proposals as part of the selection process for awards. NATIONAL SCIENCE FOUNDATION Purpose of Meetings: To provide advice NUCLEAR REGULATORY COMMISSION and recommendations concerning support for Advisory Committee for Social, research proposals submitted to the NSF for Behavioral, and Economic Sciences; [Docket No. 40±9027±MLA; ASLBP No. 99± financial support. Notice of Meeting 757±01±MLA] Reason for Closing: The proposals being reviewed include information of a In accordance with the Federal Cabot Performance Materials; Notice proprietary or confidential nature, including Advisory Committee Act (Pub. L. 92– of Reconstitution 463, as amended), the National Science technical information data, such as salaries, Pursuant to the authority contained in and personal information concerning Foundation announces the following 10 CFR 2.721 and 2.1207, the Presiding individuals associated with the proposals. meeting. Officer in the captioned 10 CFR part 2, These matters are exempt under 5 U.S.C. Name: Advisory Committee for Social, Subpart L proceeding is hereby replaced 552b(c)(4) and (6) of the Government in the Behavioral, and Economic Sciences (1171). by appointing Administrative Judge Sunshine Act. Date and Time: Alan S. Rosenthal as Presiding Officer Dated: October 7, 1999. November 4, 1999 8:30 am–5:30 pm. November 4, 1999 8:30 am–2:30 pm. in place of Administrative Judge Peter Karen J. York, B. Bloch. Place: NSF, Room 1235, 4201 Wilson Committee Management Officer. Blvd., Arlington, VA 22230. All correspondence, documents, and [FR Doc. 99–26734 Filed 10–13–99; 8:45 am] Type of Meeting: Open. other material shall be filed with the Presiding Officer in accordance with 10 BILLING CODE 7555±01±M Contact Person: Dr. Kenneth M. Brown, Executive Secretary; Directorate for Social CFR 2.1203. The address of the new Behavioral, and Economic Sciences, NSF, Presiding Officer is: Administrative

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Judge Alan S. Rosenthal, Atomic Safety B. Participation Guidelines for Oral can be submitted at any time. Such a and Licensing Board Panel, U.S. Nuclear Limited Appearance Statements statement should be sent to the Office of Regulatory Commission, Washington, Any person not a party to the the Secretary by mail at the address DC 20555–0001. proceeding will be permitted to make an given in section C above, with a copy to Issued at Rockville, Maryland, this 7th day oral statement setting forth his or her the Licensing Board Chairman at the of October 1999. position on matters of concern relating address given in section C. Documents relating to this application G. Paul Bollwerk III, to this proceeding. These statements do currently are on file at the Cameron Chief Administrative Judge, Atomic Safety not constitute testimony or evidence, Village Regional Library, 1930 Clark and Licensing Board Panel. but may help the Board and/or the Avenue, Raleigh, North Carolina 27605. [FR Doc. 99–26776 Filed 10–13–99; 8:45 am] parties in their deliberations in BILLING CODE 7590±01±P connection with the issues to be Rockville, Maryland, October 7, 1999. considered in this proceeding. For the Atomic Safety and Licensing Oral limited appearance statements Board.1 NUCLEAR REGULATORY will be entertained during the hours G. Paul Bollwerk III, COMMISSION specified above, or during such lesser Administrative Judge. time as may be necessary to [FR Doc. 99–26779 Filed 10–13–99; 8:45 am] [Docket No. 50±400±LA; ASLBP No. 99± accommodate the speakers who are BILLING CODE 7590±01±P 762±02±LA] present. The time allotted for each statement normally will be no more In the Matter of Carolina Power & Light than five minutes, but may be further NUCLEAR REGULATORY Company (Shearon Harris Nuclear limited depending on the number of COMMISSION Power Plant) ; Notice (Opportunity To written requests to make an oral [Docket No. 50±247] Make Oral or Written Limited statement that are submitted in Appearance Statements) accordance with section C below and/or Consolidated Edison Company of New October 7, 1999. the number of persons present at the York, Inc.; Notice of Consideration of designated times. In accordance with 10 CFR 2.715(a), Issuance of Amendment to Facility the Atomic Safety and Licensing Board C. Submitting Request To Make an Oral Operating License, Proposed No will entertain oral limited appearance Limited Appearance Statement Significant Hazards Consideration statements in connection with this Determination, and Opportunity for a Persons wishing to make an oral Hearing proceeding regarding the December 23, statement who have submitted a timely 1998 request of Carolina Power & Light written request to do so will be given The U.S. Nuclear Regulatory Company (CP&L) under 10 CFR 50.90 priority over those who have not filed Commission (the Commission) is for a license amendment to increase the such a request. In order to be considered considering issuance of an amendment spent fuel storage capacity at its timely, a written request to make an oral to Facility Operating License No. DPR– Shearon Harris Nuclear Power Plant statement must be mailed, faxed, or sent 26 issued to Consolidated Edison (Harris), located in Wake and Chatham by e-mail so as to be received by close Company of New York, Inc. (the Counties, North Carolina. In its of business (4:30 p.m. EST) on Monday, licensee) for operation of the Indian amendment request, CP&L seeks November 29, 1999. The request must Point Nuclear Generating Unit No. 2, authorization to add rack modules to specify the date (Tuesday, December 7, located in Westchester County, New spent fuel pools ‘‘C’’ and ‘‘D’’ and place or Wednesday, December 8) and the York. the pools in service. session on that day (afternoon or The proposed amendment would A. Date, Time, and Location of Oral evening) during which the requester allow a one-time extension of several Limited Appearance Statement wishes to make an oral statement. calibrations and test of instrument Sessions Written requests to make an oral channels from 30 months to 37 months. statement should be submitted to: Mail: Specifically the proposed amendment The Board will hear oral limited Office of the Secretary, Rulemakings would affect (a) reactor coolant flow appearance statements on the following and Adjudications Staff, U.S. Nuclear transmitters; (b) containment sump level dates at the specified locations and Regulatory Commission, Washington, (discrete) Recirculation sump level times: D.C. 20555–0001; Fax: (301) 415–1101 (discrete); (c) Pressurizer level Date: Tuesday, December 7, 1999. (verification (301) 415–1966); E-mail: transmitters; (d) 480 volt undervoltage; Times: Afternoon Session—1:00 p.m. [email protected]. (e) 6.9 kv undervoltage relays and 6.9 kv to 4:00 p.m.; Eastern Standard Time In addition, using the same method of underfrequency relays; (f) Steam (EST); Evening Session—7:00 p.m. to service, a copy of the written request to generator level—transmitters; (g) 9:30 p.m. EST. make an oral statement should be sent residual heat removal (RHR) flow Location: Jane S. McKimmon to the Chairman of this Licensing Board calibration—transmitters; (h) Conference Center, North Carolina State as follows: Mail: Administrative Judge Accumulator level transmitters; (i) University, Corner of Gorman Street and G. Paul Bollwerk, III, Atomic Safety and Accumulator pressure transmitters; (j) Western Avenue, Raleigh, North Licensing Board Panel, Mail Stop T– Steam line pressure transmitters; (k) Carolina. 3F23, U.S. Nuclear Regulatory Containment sump, Recirculation sump, Date: Wednesday, December 8, 1999. Commission, Washington, D.C. 20555– Reactor cavity level (continuous), and Times: Afternoon Session—1:00 p.m. 0001; Fax: (301) 415–5599 (verification Containment sump (continuous); (l) to 4:00 p.m. EST; Evening Session—7:00 (301) 415–7550); E-mail: [email protected]. Volume control tank level; (m) Fan p.m. to 9:30 p.m. EST. Location: Southern Human Resources D. Submitting Written Limited 1 Copies of this notice were sent this date by Appearance Statements Internet e-mail transmission to counsel for (1) Center, Main Meeting Room 2505 applicant CP&L; (2) intervenor Board of Homestead Road, Chapel Hill, North As the Board has noted previously, a Commissioners of Orange County, North Carolina; Carolina. written limited appearance statement and (3) the NRC staff.

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.084 pfrm04 PsN: 14OCN1 55778 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices cooler unit (FCU) cooling flow (B) The proposed license amendment does corresponding statistical evaluation of the transmitters; (n) overpressure protection not involve a significant increase in the projected drift over a 37-month operating pressure transmitters (field) Pressurizer probability or consequences of an accident cycle has also been performed. The drift thus power operated relief valve’s; (o) previously evaluated. It has been concluded calculated has been evaluated with regard to that there will be no impact upon any the original CSA and has been found to be Pressurizer pressure—transmitters; (p) Technical Specification Requirement or bounded by the CSA value. In addition, the OT[Delta]T and OP[Delta]T setpoint Safety Analysis Limits. Of the surveillance relay setpoints have been compared with the generators. Exigent circumstances exist anomalies identified since 1986, only one Safety Analysis limits and it has been because the 30-month surveillance impacted an instrument channel. In this determined that the drift and bias can be interval for some of these instruments instance, level indication continued to be accommodated within the existing related expires on October 31, 1999. maintained due to redundancy. Safety Analysis limits. It has also been Before issuance of the proposed As added assurance, the current Indian determined that there is no general impact Point Unit 2 Technical Specifications require upon any Technical Specification license amendment, the Commission a channel check be performed every shift, requirements or the related Safety Analysis will have made findings required by the providing a means to monitor the channels limits. Atomic Energy Act of 1954, as amended for gross failure. The existing margin between the Technical (the Act) and the Commission’s The existing margin between the Technical Specification limits and the Safety Analysis regulations. Specification limits and the Safety Analysis limits provides assurance that plant Pursuant to 10 CFR 50.91(a)(6) for limits remains unchanged and provides protective functions will occur as required. It amendments to be granted under assurance that plant protective functions will is therefore concluded that changing the occur as required. It is therefore concluded surveillance interval from 24 months (plus exigent circumstances, the NRC staff that changing the surveillance interval from 25%) to 37 months for the 480 volt under must determine that the amendment 24 months (plus 25%) to 37 months for the voltage and degraded voltage relays will not request involves no significant hazards channels will not result in a significant result in a significant increase in the consideration. Under the Commission’s increase in the probability or consequences probability or consequences of an accident regulations in 10 CFR 50.92, this means of an accident previously evaluated. previously evaluated. that operation of the facility in (C) The proposed license amendment does (E) The proposed license amendment does accordance with the proposed not involve a significant increase in the not involve a significant increase in the amendment would not (1) involve a probability or consequences of an accident probability or consequences of an accident significant increase in the probability or previously evaluated. A statistical analysis of previously evaluated. A statistical analysis of channel uncertainty for a 30 month operating uncertainties for the 6.9 kV under voltage consequences of an accident previously cycle was previously performed. A and Under Frequency relay channels for a 30- evaluated; or (2) create the possibility of corresponding statistical evaluation of the month operating cycle was performed. a new or different kind of accident from projected drift of the transmitter over a 37- Corresponding statistical evaluations of the any accident previously evaluated; or month operating cycle has currently been projected drifts over a 37-month operating (3) involve a significant reduction in a performed. Subsequently, when drift of the cycle has also been performed. It has been margin of safety. As required by 10 CFR remainder of the channel (calibrated at the confirmed that the drifts for 37 months will 50.91(a), the licensee has provided its Technical Specification frequency of 24 be no greater than the drifts projected for 30 analysis of the issue of no significant months) is combined with the drift and bias months. The drifts thus calculated have been hazards consideration, which is of the transmitter projected at 37 months, the evaluated with regard to under voltage and sum is accommodated by the channel under frequency set points versus the Safety presented below: uncertainty calculations. Therefore, the Analysis limits and it has been determined (1) Does the proposed license amendment channel uncertainty derived for 30 months is that the drift can be accommodated within involve a significant increase in the valid for a 37-month operating cycle the existing related Safety Analysis limits probability or consequences of an accident providing the rack is calibrated at the 24- with no decrease in margin. It has also been previously evaluated? month (plus 25%) frequency and the determined that there is no general impact (A) The proposed license amendment does transmitter is calibrated at 37 months. upon any Technical Specification not involve a significant increase in the It can also be concluded that sufficient requirements of the related Safety Analysis probability or consequences of an accident allowance exists between the existing limits. previously evaluated. A statistical analysis of Technical Specification limits and the The existing margin between the Technical uncertainties for the RCS [reactor coolant licensing basis Safety Analysis limits to Specification limits and the Safety Analysis system] flow channels for a 30-month accommodate the channel statistical error limits provides assurance that plant operating cycle was performed. A resulting from a 37 month operating cycle protective functions will occur as required. It corresponding statistical evaluation of the (with a rack calibration at 24 months plus is therefore concluded that hanging the projected drift over a 37-month operating 25%). surveillance interval from 24 months (plus cycle has also been performed. The drift and The existing allowance between the 25%) to 37 months for the under voltage and bias thus calculated has been evaluated with Technical Specification limits and the Safety under frequency relays will not result in a regard to RCS flow CSA [channel statistical Analysis limits provides assurance that plant significant increase in the probability or allowance] versus the Safety Analysis limits protective functions will occur as required. consequences of an accident previously and it has been determined that the drift can Thus, the Channel Statistical Allowance for evaluated. be accommodated within the existing related 37 months can be accommodated without (F) The proposed license amendment does Safety Analysis limits. It has also been impacting the Incensing basis Safety not involve a significant increase in the determined that there is no general impact Analysis. probability or consequences of an accident upon any Technical Specification It is therefore concluded that changing the previously evaluated. A statistical analysis of requirements or the related Safety Analysis surveillance interval from 24 months (plus channel uncertainty for a 30 month operating limits. 25%) to 37 months for the transmitter will cycle was previously performed. A The existing margin between the Technical not result in a significant increase in the corresponding statistical evaluation of the Specification limits and the Safety Analysis probability or consequences of an accident projected drift of the transmitters over a 37- limits provides assurance that plant previously evaluated. month operating cycle has currently been protective functions will occur as required. It (D) The proposed license amendment does performed. Subsequently, when drift of the is therefore concluded that changing the not involve a significant increase in the remainder of the channel (calibrated at the surveillance interval from 24 months (plus probability or consequences of an accident Technical Specification frequency of 24 25%) to 37 months for the transmitter will previously evaluated. A statistical analysis of months) is combined with the drift and bias not result in a significant increase in the uncertainties for the 480 volt under voltage of the transmitter projected at 37 months, the probability or consequences of an accident and degraded voltage relay channels for a 30- sum does not exceed the original CSA at 30 previously evaluated. month operating cycle was performed. A months. Therefore, the channel uncertainty

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It has been demonstrated that is therefore concluded that changing the previously evaluated. sufficient allowance exists between the surveillance interval from 24 months (plus (K) The proposed license amendment does existing Technical Specification limits and 25%) to 37 months for the transmitter will not involve a significant increase in the the licensing basis Safety Analysis limits to not result in a significant increase in the probability or consequences of an accident accommodate the channel statistical error probability or consequences of an accident previously evaluated. A statistical analysis of resulting from a 37 month operating cycle previously evaluated. channel uncertainty for a 30 month operating (with a rack calibration at 24 months plus (I) The proposed license amendment does cycle was previously performed. A 25%). not involve a significant increase in the corresponding statistical evaluation of the The existing allowance between the probability or consequences of an accident projected drift and bias of the transmitters Technical Specification limits and the Safety previously evaluated. A statistical analysis of over a 37-month operating cycle has Analysis limits provides assurance that plant uncertainties for the accumulator pressure currently been performed. Subsequently, protective functions will occur as required. It channels for a 30-month operating cycle was when drift of the remainder of the channels is therefore concluded that changing the performed. A corresponding statistical (calibrated at the Technical Specification surveillance interval from 24 months (plus evaluation of the projected drift over a 37- frequency of 24 months is combined with the 25%) to 37 months for the transmitters will month operating cycle has also been drift and bias of the transmitters projected at not result in a significant increase in the performed. It has been confirmed that the 37 months, the sum does not exceed the probability or consequences of an accident drift for 37 months will be no greater than original projections at 30 months. Therefore, previously evaluated. the drift projected for 30 months. The drift the channel uncertainty derived for 30 (G) The proposed license amendment does thus calculated has been evaluated with months is valid for a 37-month operating not involve a significant increase in the regard to accumulator pressure setpoints cycle providing the rack is calibrated at the probability or consequences of an accident versus the Safety Analysis limits and it has 24-month (plus 25%) frequency and the previously evaluated. A statistical analysis of been determined that the drift can be transmitters are calibrated at 37 months. The channel uncertainty for a 30 month operating accommodated within the existing related sump level indications are provided to the cycle was previously performed. A Safety Analysis limits. It has also been control room by both magnetic switch/float- corresponding statistical evaluation of the determined that there is no general impact type detectors (series of 5 lights provide projected drift of the transmitter over a 37- upon any Technical Specification discrete level indication) and differential month operating cycle has currently been requirements or the related Safety Analysis pressure transmitter (continuous level performed. Subsequently, when drift of the limits. indication) which encompasses redundancy remainder of the channel (calibrated at the The accumulators are passive engineered and diversity associated with containment Technical Specification frequency of 24 safety features since gas forces injection and sump level monitoring. months) is combined with the drift and bias no external source of power or signal The existing allowance between the of the transmitter projected at 37 months, the transmission is needed to obtain fast-acting, Technical Specification limits and the Safety sum does not exceed the original projection high-flow capability when injection is Analysis limits provides assurance that plant at 30 months. Therefore, the channel required. One accumulator is attached to protective functions will occur as required. uncertainty derived for 30 months is valid for each of the four cold legs of the reactor No change in these allowances has occurred a 37-month operating cycle providing the coolant system. due to the proposed revision in surveillance rack is calibrated at the 24-month (plus 25%) The existing margin between the Technical interval of the transmitters. frequency and the transmitter is calibrated at Specification limits and the Safety Analysis It is therefore concluded that changing the 37 months. limits provides assurance that plant surveillance interval from 24 months (plus The proposed change does not affect the protective functions will occur as required. It 25%) to 37 months for the transmitter will existing Safety Analysis limit nor any is therefore concluded that changing the not result in a significant increase in the Technical Specification limits. Plant surveillance interval from 24 months (plus probability or consequences of an accident equipment will function as before, in order 25%) to 37 months for the transmitter will previously evaluated. to preserve Safety Analysis limits. not result in a significant increase in the (L) The proposed license amendment does It is therefore concluded that changing the probability or consequences of an accident not involve a significant increase in the surveillance interval from 24 months (plus previously evaluated. probability or consequences of an accident 25%) to 37 months for the transmitters will (J) The proposed license amendment does previously evaluated. A statistical analysis of not result in a significant increase in the not involve a significant increase in the channel uncertainty for a 30 month operating probability or consequences of an accident probability or consequences of an accident cycle was previously performed. A previously evaluated. previously evaluated. A statistical analysis of corresponding statistical evaluation of the (H) The proposed license amendment does uncertainties for the steam line pressure projected drift of the channel over a 37- not involve a significant increase in the channels for a 30-month operating cycle was month operating cycle has currently been probability or consequences of an accident performed. A corresponding statistical performed. It has been confirmed that the previously evaluated. A statistical analysis of evaluation of the projected drift over a 37- channel drift for a 37-month interval is uncertainties for the accumulator level month operating cycle has also been bounded by the existing drift allowance used channels for a 30-month operating cycle was performed. It has been confirmed that the in the current uncertainty calculations. performed. A corresponding statistical drift for 37 months will be no greater than Therefore, the channel uncertainty derived evaluation of the projected drift over a 37- the drift projected for 30 months. The drift for 30 months is valid for a 37-month month operating cycle has also been thus calculated has been evaluated with operating cycle. There are no nominal performed. It has been confirmed that the regard to steam line pressure setpoints versus setpoints within the Technical Specifications drift, including bias, for 37 months will be the Safety Analysis limits and it has been for the level of the Volume Control Tank nor bounded by the CSA originally calculated for determined that the drift can be are there any applicable Safety Analysis 30 months. The drift thus calculated has been accommodated within the existing related Limits. Thus, the Channel Statistical evaluated with regard to level setpoints, Safety Analysis limits. It has also been Allowance for 37 months can be versus the Safety Analysis limits and it has determined that there is no general impact accommodated without impacting the been determined that the drift, including upon any Technical Specification licensing basis Safety Analysis. bias, can be accommodated within the requirements or the related Safety Analysis It is therefore concluded that changing the existing related Safety Analysis limits. It has limits. The existing margin between the surveillance interval from 24 months (plus also been determined that there is no general Technical Specification limits and the Safety 25%) to 37 months for the transmitter will impact upon any Technical Specification Analysis limits provides assurance that plant not result in a significant increase in the requirements or the related Safety Analysis protective functions will occur as required. It probability or consequences of an accident limits. is therefore concluded that changing the previously evaluated.

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(M) The proposed license amendment does licensing basis Safety Analysis limits to OT[Delta]T and OP[Delta]T setpoint not involve a significant increase in the accommodate the channel statistical errors calculations are based on the performance of probability or consequences of an accident resulting from a 37 month operating cycle. PT–Q52. Thus, continued performance of previously evaluated. A statistical analysis of The existing allowance between the PT–Q52 on a quarterly basis, even in uncertainties for the FCU [fan cooler unit] Technical Specification limits and the Safety conjunction with the one time extension of flow channels for a 30-month operating cycle Analysis limits provides assurance that plant PC–EM37, provides assurance that all was performed. A corresponding statistical protective functions will occur as required. It modules are performing correctly. evaluation of the projected drift of the is therefore concluded that changing the Therefore, the channel uncertainty derived transmitters over a 37-month operating cycle surveillance interval from 24 months (plus for 30 months is valid for a 37-month has also been performed. When drift of the 25%) to 37 months for the OPS pressure operating cycle since the rack components remainder of the channel (calibrated at 24 transmitter and the PORV channels will not are checked on a quarterly frequency. It can months) is combined with the drift and bias result in a significant increase in the also be concluded that sufficient margin of the transmitter at 37 months, the sum does probability or consequences of any accident exists between the existing Technical not exceed the original projection at 30 previously evaluated. Specification limits and the licensing basis months. Therefore, the channel uncertainty (O) The proposed license amendment does Safety Analysis limits to accommodate the derived for 30 months is valid for a 37 month not involve a significant increase in the channel statistical error resulting from a 37 operating cycle providing the rack is probability or consequences of an accident month operating cycle (with a rack calibrated at the 24 month (plus 25%) previously evaluated. A statistical analysis of calibration at 24 months plus 25%). frequency and the transmitter is calibrated at channel uncertainty for a 30 month operating The existing margin between the Technical 37 months. In addition, the flow controllers cycle was previously performed. A Specification limits and the Safety Analysis to the Fan Cooling Units have had their low corresponding statistical evaluation of the limits provides assurance that plant flow setpoints raised to provide operators projected drift of the transmitter over a 37- protective functions will occur as required. It with earlier alarms associated with FCU month operating cycle has currently been is therefore concluded that changing the system flow degradation. performed. Subsequently, when drift of the surveillance interval from 24 months (plus It has been determined that there is no remainder of the channel (calibrated at the 25%) to 37 months for the transmitter will general impact upon any Technical Technical Specification frequency of 24 not result in a significant increase in the Specification requirements or related Safety months) is combined with the drift and bias probability or consequences of an accident Analysis limits. The Indian Point Unit 2 of the transmitters projected at 37 months, previously evaluated. Technical Specification does not specify a the sum does not exceed the original (2) Does the proposed license amendment specific setpoint. It is therefore concluded projection at 30 months. Therefore, the create the possibility of a new or different that changing the surveillance interval from channel uncertainty derived for 30 months is kind of accident from any accident 24 months (plus 25%) to 37 months for the valid for a 37-month operating cycle previously evaluated? transmitter will not result in a significant providing the rack is calibrated at the 24- (A) The proposed license amendment does increase in the probability or consequences month (plus 25%) frequency and the not create the possibility of a new or different of an accident previously evaluated. transmitter is calibrated at 37 months. It can kind of accident from any previously (N) The proposed license amendment does also be concluded that sufficient allowance evaluated. The proposed change does not not involve a significant increase in the exists between the existing Technical involve the addition of any new or different probability or consequences of an accident Specification limits and the licensing basis type of equipment, nor does it involve previously evaluated. Statistical analyses of Safety Analysis limits to accommodate the operating equipment required for safe OPS [over pressure protection] pressure and channel statistical error resulting from a 37 operation of the facility in a manner that is PORV [power operated relief valve] channel month operating cycle (with a rack different from that addressed in the Updated uncertainties for a 30 month operating cycle calibration at 24 months plus 25%). Final Safety Analysis Report. Also, the were previously performed. The existing allowance between the increased surveillance interval (one-time A corresponding statistical evaluation of Technical Specification limits and the Safety only) will not adversely affect the reactor the projected drift of the OPS pressure Analysis limits provides assurance that plant coolant system flow instrumentation transmitter over a 37-month operating cycle protective functions will occur as required. It functions. The proposed change in operating has currently been performed. It has been is therefore concluded that changing the cycle length due to an increased surveillance confirmed that when the transmitter drift for surveillance interval from 24 months (plus interval for the transmitters will not result in a 37-month interval is determined it is 25%) to 37 months for the transmitter will a channel statistical allowance which bounded by the existing drift allowance used not result in a significant increase in the exceeds the current margin and therefore the in the uncertainty calculations. probability or consequences of an accident margin between the existing Technical Subsequently, when drift of the remainder of previously evaluated. Specification limits and the Safety Analysis the channel (calibrated at the Technical (P) The proposed license amendment does limits. Plant equipment, which will be Specification frequency of 24 months) is not involve a significant increase in the nominally set at (or more conservatively combined with the drift of the transmitter probability or consequences of an accident than) Technical Specification limits, will projected at 37 months, the sum does not previously evaluated. A statistical analysis of provide protective functions to assure that exceed the original projection at 30 months. channel uncertainty for a 30 month operating Safety Analysis limits are not exceeded. This Therefore, the channel uncertainty derived cycle was previously performed. The will prevent the possibility of a new or for 30 months is valid for a 37-month OT[Delta]T/OP[Delta]T uncertainty different kind of accident from any operating cycle providing the rack is calculations of record for Con Ed are derived previously evaluated from occurring. calibrated at the 24-month (plus 25%) from PC–R1A, PC–R1B, and PT–Q52. Of (B) The proposed license amendment does frequency and the transmitter is calibrated at these, the quarterly surveillance performed not create the possibility of a new or different 37 months. via PT–Q52 provides the governing kind of accident from any previously Similarly, a statistical evaluation of the uncertainty allowances because it performs a evaluated. The proposed change does not projected drift of the PORV channel over a functional check of the complete channel involve the addition of any new or different 37 month operating cycle has currently been from rack input through output (bistable) type of equipment, nor does it involve performed. It has been confirmed that the every 90 days. This includes the R/E operating equipment required for safe channel drift for a 37-month interval is converters, E/I converters, I/I converters, operation of the facility in a manner that is bounded by the existing drift allowance used OT[Delta]T setpoint generators, OP[Delta]T different from that addressed in the Updated in the current uncertainty calculations. setpoint generators, OP[Delta]T impulse lag Final Safety Analysis Report. The increased Therefore, the channel uncertainty derived modules, and the bistables. If a problem is surveillance interval (one-time only) will not for thirty months is valid for a 37 month- detected in PT–Q52, other procedures (PC– adversely affect the Containment sump level operating cycle. RIA, PC–RIB, PT–VIIA) are invoked to and Recirculation Sump Level It can also be concluded that sufficient perform thorough evaluation and instrumentation functions. Plant equipment, allowance exists between the existing recalibration, as necessary. Therefore, the which will be nominally set at (or more Technical Specification limits and the rack drift allowance incorporated in the conservatively than) Technical Specification

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Plant equipment, which will be which exceeds the current margin and (C) The proposed license amendment does nominally set at (or more conservatively therefore the margin between the existing not create the possibility of a new or different than) Technical Specification limits, will Technical Specification limits and the Safety kind of accident from any previously provide protective functions to assure that Analysis limits. Plant equipment, which will evaluated. The proposed change does not Safety Analysis limits are not exceeded. This be nominally set at (or more conservatively involve the addition of any new or different will prevent the possibility of a new or than) Technical Specification limits, will type of equipment, nor does it involve different kind of accident from any provide protective functions to assure that operating equipment required for safe previously evaluated from occurring. Safety Analysis limits are not exceeded. This operation of the facility in a manner that is (F) The proposed license amendment does will prevent the possibility of a new or different from that addressed in the Updated not create the possibility of a new or different different kind of accident from any Final Safety Analysis Report. Also, the kind of accident from any previously previously evaluated from occurring. increased surveillance, interval (one-time evaluated. The proposed change does not (I) The proposed license amendment does only) will not adversely affect the Pressurizer involve the addition of any new or different not create the possibility of a new or different Level instrumentation functions. The type of equipment, nor does it involve kind of accident from any previously proposed change in operating cycle length operating equipment required for safe evaluated. The proposed change does not due to an increased surveillance interval for operation of the facility in a manner that is involve the addition of any new or different the transmitters will not result in a channel different from that addressed in the Updated type of equipment, nor does it involve statistical allowance which exceeds the Final Safety Analysis Report. Also, the operating equipment required for safe current margin and therefore the margin increased surveillance interval (one-time operation of the facility in a manner that is between the existing Technical Specification only) will not adversely affect the steam different from that addressed in the Updated limits and the Safety Analysis limits. Plant generator level instrumentation functions. Final Safety Analysis Report. Also, the equipment, which will be nominally set at The proposed change in operating cycle increased surveillance interval (one-time (or more conservatively than) Technical length due to an increased surveillance only) will not adversely affect the Specification limits, will provide protective interval for the transmitter will not result in accumulator pressure instrumentation functions to assure that Safety Analysis a channel statistical allowance which functions. The proposed change in operating limits are not exceeded. exceeds the current margin and therefore will cycle length due to an increased surveillance This will prevent the possibility of a new not exceed the margin between the existing interval for the transmitters will not result in or different kind of accident from any Technical Specification limits and the Safety a channel statistical allowance which previously evaluated from occurring. Analysis limits. Plant equipment, which will exceeds the current margin and therefore the (D) The proposed license amendment does be nominally set at (or more conservatively margin between the existing Technical not create the possibility of a new or different than) Technical Specification limits, will Specification limits and the Safety Analysis kind of accident from any previously provide protective functions to assure that limits. Plant equipment, which will be evaluated. The proposed change does not Safety Analysis limits are not exceeded. This nominally set at (or more conservatively involve the addition of any new or different will prevent the possibility of a new or than) Technical Specification limits, will type of equipment, nor does it involve different kind of accident from any provide protective functions to assure that operating equipment required for safe previously evaluated from occurring. Safety Analysis limits are not exceeded. This operation of the facility in a manner that is (G) The proposed license amendment does will prevent the possibility of a new or different from that addressed in the Updated not create the possibility of a new or different different kind of accident from any Final Safety Analysis Report. Also, the kind of accident from any previously previously evaluated from occurring. increased surveillance interval (one-time evaluated. The proposed change does not (J) The proposed license amendment does only) will not adversely affect the 480 Volt involve the addition of any new or different not create the possibility of a new or different under voltage or degraded voltage type of equipment, nor does it involve kind of accident from any previously instrumentation functions. The proposed operating equipment required for safe evaluated. The proposed change does not change in operating cycle length due to an operation of the facility in a manner that is involve the addition of any new or different increased surveillance interval for the relays different from that addressed in the Updated type of equipment, nor does it involve will not result in a channel statistical Finial Safety Analysis Report. Also, the operating equipment required for safe allowance which exceeds the current margin increased surveillance interval (one-time operation of the facility in a manner that is and therefore the margin between the only) will not adversely affect the RHR different from that addressed in the Updated existing Technical Specification limits and [Residual Heat Removal] Flow Final Safety Analysis Report. Also, the the Safety Analysis limits. Plant equipment, instrumentation functions. The proposed increased surveillance interval (one-time which will be nominally set at (or more change in operating cycle length due to an only) will not adversely affect the steam line conservatively than) Technical Specification increased surveillance interval for the pressure instrumentation functions. The limits, will provide protective functions to transmitter will not impact any Technical proposed change in operating cycle length assure that Safety Analysis limits are not Specification limit or Safety Analysis limit. due to an increased surveillance interval for exceeded. This will prevent the possibility of Plant protective functions will occur as the relays will not result in a channel a new or different kind of accident from any designed. statistical allowance which exceeds the previously evaluated from occurring. This will prevent the possibility of a new current margin and therefore the margin (E) The proposed license amendment does or different kind of accident from any between the existing Technical Specification not create the possibility of a new or different previously evaluated from occurring. limits and the Safety Analysis limits. Plant kind of accident from any previously (H) The proposed license amendment does equipment, which will be nominally set at evaluated. The proposed change does not not create the possibility of a new or different (or more conservatively than) Technical involve the addition of any new or different kind of accident from any previously Specification limits, will provide protective type of equipment, nor does it involve evaluated. The proposed change does not functions to assure that Safety Analysis operating equipment required for safe involve the addition of any new or different limits are not exceeded. This will prevent the operation of the facility in a manner that is type of equipment, nor does it involve possibility of a new or different kind of different from that addressed in the Updated operating equipment required for safe accident from any previously evaluated from Final Safety Analysis Report. The increased operation of the facility in a manner that is occurring. surveillance interval (one-time only) will not different from that addressed in the Updated (K) The proposed license amendment does adversely affect the 6.9 kV Under Voltage and Final Safety Analysis Report. Also, the not create the possibility of a new or different Under Frequency instrumentation functions. increased surveillance interval (one-time kind of accident from any previously The proposed change in operating cycle only) will not adversely affect the evaluated. The proposed change does not length due to an increased surveillance accumulator level instrumentation functions. involve the addition of any new or different

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.091 pfrm04 PsN: 14OCN1 55782 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices type of equipment, nor does it involve Reclosure and Overpressure Protection (A) The proposed license amendment does operating equipment required for safe System (OPS) instrumentation functions. The not involve a significant reduction in a operation of the facility in a manner that is proposed change in operating cycle length margin of safety. Because the change in different from that addressed in the Updated due to an increased surveillance interval will surveillance interval resulting from an Final Safety Analysis Report. The proposed not result in channel statistical allowance increased operating cycle will not result in a change in operating cycle length due to an which exceeds current margins and therefore, channel statistical allowance which exceeds increased surveillance interval for the the margins between existing Technical the margin which exists between the current transmitters will not result in a channel Specification limits and Safety Analysis Technical Specification limit and the statistical allowance which impacts the limits. Plant equipment, which will be licensing basis Safety Analysis limit, current margin between the existing nominally set at (or more conservatively protective functions will occur so that Safety Technical Specification limits and the Safety than) Technical Specification limits, will Analysis limits are not exceeded. Therefore, Analysis limits. Plant equipment, which will provide protective functions to assure that the proposed change for a one-time extension be nominally set at (or more conservatively Safety Analysis limits are not exceeded. This of the test interval does not adversely affect than) Technical Specification limits, will will prevent the possibility of a new or the performance of any safety related system, provide protective functions to assure that different kind of accident from any component or structure and does not result Safety Analysis limits are not exceeded. previously evaluated from occurring. in increased severity of any of the accidents This will prevent the possibility of a new (O) The proposed license amendment does considered in the Updated Final Safety or different kind of accident from any not create the possibility of a new or different Analysis Report. Based on past test results, previously evaluated from occurring. kind of accident from any previously the one-time extension of the surveillance (L) The proposed license amendment does evaluated. The proposed change does not interval for the transmitters by seven months not create the possibility of a new or different involve the addition of any new or different does not involve a significant reduction in a kind of accident from any previously type of equipment, nor does it involve margin of safety. evaluated. The proposed change does not operating equipment required for safe (B) The proposed license amendment does involve the addition of any new or different operation of the facility in a manner that is not involve a significant reduction in a type of equipment, nor does it involve different from that addressed in the Updated margin of safety. The surveillance anomalies operating equipment required for safe Final Safety Analysis Report. Also, the noted did not render the level indication operation of the facility in a manner that is increased surveillance interval (one-time system non-operational. Therefore, based on different from that addressed in the Updated only) will not adversely affect the Pressurizer the redundancy and the reliability of the Final Safety Analysis Report. There are no Pressure channel instrumentation functions. system, extension of the surveillance interval nominal setpoints within the Technical The proposed change in operating cycle for a maximum of seven months for these Specifications for the level of the Volume length due to an increased surveillance tests would have little affect on the reliability Control Tank nor are there any applicable interval for the transmitter will not result in of the discrete level indication systems. The Safety Analysis Limits. Thus, the Channel a channel statistical allowance which historical data supports the conclusion that Statistical Allowance for 37 months can be exceeds the current margin and therefore the the margin of safety will not be compromised accommodated without impacting the margin between the existing Technical by extending the interval between tests on a licensing basis Safety Analysis. Specification limits and the Safety Analysis one-time basis to a maximum of 37 months. Other Plant equipment, which will be limits. Plant equipment, which will be Based on past test results, the one-time nominally set at (or more conservatively nominally set at (or more conservatively extension of six months does not involve a than) Technical Specification limits, will than) Technical Specification limits, will significant reduction in a margin of safety. continue to provide protective functions to provide protective functions to assure that (C) The proposed license amendment does assure that Safety Analysis limits are riot Safety Analysis limits are not exceeded. This not involve a significant reduction in a exceeded. This will prevent the possibility of will prevent the possibility of a new or margin of safety. Because the change in a new or different kind of accident from any different kind of accident from any surveillance interval resulting from an previously evaluated from occurring. previously evaluated from occurring. increased operating cycle will not result in a (M) The proposed license amendment does (P) The proposed license amendment does channel statistical allowance which exceeds not create the possibility of a new or different not create the possibility of a new or different any margin which exists between the current kind of accident from any previously kind of accident from any previously Technical Specification limit and the evaluated. The proposed change does not evaluated. The proposed change does not licensing basis Safety Analysis limit, involve the addition of any new or different involve the addition of any new or different protective functions will occur so that Safety type of equipment, nor does it involve type of equipment, nor does it involve Analysis limits are not exceeded. Thus, the operating equipment required for safe operating equipment required for safe Channel Statistical Allowance for 37 months operation of the facility in a manner that is operation of the facility in a manner that is can be accommodated without impacting the different from that addressed in the Updated different from that addressed in the Updated licensing basis Safety Analysis. Therefore, Final Safety Analysis Report. Final Safety Analysis Report. The increased the proposed change for a one-time extension The proposed change in surveillance surveillance interval (one-time only) will not of the test interval does not adversely affect interval for the transmitter will not result in adversely affect the OP/OT [Delta]T the performance of any safety related system, any impact upon existing Technical instrumentation functions since these loop component or structure and does not result Specifications or Safety Analysis. Therefore, functions are checked on a quarterly basis in increased severity of any of the accidents plant equipment will continue to provide under PT–Q52. The proposed change in considered in the Updated Final Safety protective functions to assure that Safety operating cycle length due to an increased Analysis Report. Based on past test results, Analysis limits are not exceeded. surveillance interval for the setpoint the one-time extension of the surveillance This will prevent the possibility a new or generators will not result in a channel interval for the transmitters by six months different kind of accident from any statistical allowance which exceeds the does not involve a significant reduction in a previously evaluated from occurring. current margin. It can also be concluded that margin of safety. (N) The proposed license amendment does sufficient margin exists between the existing (D) The proposed license amendment does not create the possibility of a new or different Technical Specification limits and the not involve a significant reduction in a kind of accident from any previously licensing basis Safety Analysis limits to margin of safety. Because the change in evaluated. The proposed change does not accommodate the channel statistical error surveillance interval resulting from an involve the addition of any new or different resulting from a 37 month operating cycle increased operating cycle will not result in a type of equipment, nor does it involve (with a rack calibration at 24 months plus channel statistical allowance which exceeds operating equipment required for safe 25%). the margin which exists between the current operation of the facility in a manner that is This will prevent the possibility of a new Technical Specification limit and the different from that addressed in the Updated or different kind of accident from any licensing basis Safety Analysis limit, Final Safety Analysis Report. The increased previously evaluated from occurring. protective functions will occur so that Safety surveillance interval (one-time only) will not (3) Does the proposed amendment involve Analysis limits are not exceeded. Therefore, adversely affect the PORV Actuation/ a significant reduction in a margin of safety? the proposed change for a one-time extension

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.093 pfrm04 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55783 of the test interval does not adversely affect (H) The proposed license amendment does so that Safety Analysis limits are not the performance of any safety related system, not involve a significant reduction in a exceeded. There is no reduction in the component or structure and does not result margin of safety. Because the change in margin between any existing Technical in increased severity of any of the accidents surveillance interval resulting from an Specification limit and its related Safety considered in the Updated Final Safety increased operating cycle will not result in a Analysis limit. Therefore, the proposed Analysis Report. Based on past test results, channel statistical allowance which exceeds change for a one-time extension of the the one’-time extension of six months does the margin which exists between the current calibration and test interval does not not involve a significant reduction in a Technical Specification limit and the adversely affect the performance of any safety margin of safety. licensing basis Safety Analysis limit, related system, component or structure and (E) The proposed license amendment does protective functions will occur so that Safety does result in increased severity of any of the not involve a significant reduction in a Analysis limits are not exceeded. Therefore, accidents considered in the Updated Final margin of safety. Because the change in the proposed change for a one-time extension Safety Analysis Report. Based on past test surveillance interval resulting from an of the test interval does not adversely affect results, the one-time extension of the increased operating cycle will not result in a the performance of any safety related system, surveillance frequency for the channel channel statistical allowance which impacts component or structure and does not result transmitters does not involve a significant the margin which exists between the current in increased severity of any of the accidents reduction in a margin of safety. Technical Specification limit and the considered in the Updated Final Safety (L) The proposed license amendment does licensing basis Safety Analysis limit, Analysis Report. Based on past test results, not involve a significant reduction in a protective functions will occur so that Safety the one-time extension of the surveillance margin of safety. The change in surveillance Analysis limits are not exceeded. Therefore, interval for the transmitter by seven months interval resulting from an increased operating the proposed change for a one-time extension does not involve a significant reduction in a cycle will not result in a channel statistical of the test interval does not adversely affect margin of safety. allowance which impacts any Technical the performance of any safety related system, (I) The proposed license amendment does Specification limits nor any licensing basis component or structure and does not result not involve a significant reduction in a Safety Analysis limit. Protective functions in increased severity of any of the accidents margin of safety. Because the change in will continue to occur so that Safety Analysis considered in the Updated Final Safety surveillance interval resulting from an limits are not exceeded. There are no Analysis Report. Based on past test results, increased operating cycle will not result in a nominal setpoints within the Technical the one-time extension of seven months does channel statistical allowance which exceeds Specifications for the level of the Volume not involve a significant reduction in a the margin existing between the current Control Tank nor are there any applicable margin of safety. Technical Specification limit and the Safety Analysis Limits. (F) The proposed license amendment does licensing basis Safety Analysis limit, Therefore, the proposed change for a one- not involve a significant reduction in a protective functions will occur so that Safety time extension of the test interval does not margin of safety. Because the change in Analysis limits are not exceeded. Therefore, adversely affect the performance of any safety surveillance interval resulting from an the proposed change for a one-time extension related system, component or structure and increased operating cycle will not result in a of the test interval does not adversely affect does not result in increased severity of any channel statistical allowance which exceeds the performance of any safety related system, of the accidents considered in the Updated the margin which exists between the current component or structure and does not result Final Safety Analysis Report. Based on past Technical Specification limit and the in increased severity of any of the accidents test results, the one-time extension of seven licensing basis Safety Analysis limit, considered in the Updated Final Safety months for calibration of the channel does protective functions will occur so that Safety Analysis Report. Based on past test results, not involve a significant reduction in a Analysis limits are not exceeded. Therefore, the one-time extension of the surveillance margin of safety. the proposed change for a one-time extension interval for the transmitter by seven months (M) The proposed license amendment does of the test interval does not adversely affect does not involve a significant reduction in a not involve a significant reduction in a the performance of any safety related system, margin of safety. margin of safety. component or structure and does not result (J) The proposed license amendment does Because the change in surveillance interval in increased severity of any of the accidents not involve a significant reduction in a resulting from an increased operating cycle considered in the Updated Final Safety margin of safety. Because the change in will not impact the margin which exists Analysis Report. Based on past test results, surveillance interval resulting from an between current Technical Specification the one-time extension of the surveillance increased operating cycle will not result in a limits and licensing basis Safety Analysis interval for the transmitters by seven months channel statistical allowance which exceeds limits, protective functions will continue to does not involve a significant reduction in a the margin which exists between the current occur so that Safety Analysis limits are not margin of safety. Technical Specification limit and the affected. In addition, the flow controllers to (G) The proposed license amendment does licensing basis Safety Analysis limit, the Fan Cooling Units have had their low not involve a significant reduction in a protective functions will occur so that Safety flow setpoints raised to provide operators margin of safety. Because the change in Analysis limits are not exceeded. Therefore, with an earlier warning associated with FCU surveillance interval resulting from an the proposed change for a one-time extension system flow degradation. Therefore, the increased operating cycle will not result in a of the test interval does not adversely affect proposed change for a one-time extension of channel statistical allowance which affects the performance of any safety related system, the transmitter surveillance interval does not the margin between any current Technical component or structure and does not result adversely affect the performance of any safety Specification limit and any licensing basis in increased severity of any of the accidents related system, component or structure and Safety Analysis limit, protective functions considered in the Updated Final Safety does not result in increased severity of any will occur so that Safety Analysis limits are Analysis Report. Based on past test results, of the accidents considered in the Updated not exceeded. Therefore, the proposed the one-time extension of the surveillance Final Safety Analysis Report. change for a one-time extension of the test interval for the transmitter by six months (N) The proposed license amendment does interval does not adversely affect the does not involve a significant reduction in a not involve a significant reduction in a performance of any safety related system, margin of safety. margin of safety. Because the change in component or structure and does not result (K) The proposed license amendment does surveillance interval resulting from an in increased severity of any of the accidents not involve a significant reduction in a increased operating cycle will not result in a considered in the Updated Final Safety margin of safety. The change in surveillance channel statistical allowance which exceeds Analysis Report. In conclusion, based upon interval resulting from an increased operating the margin existing between the current the recently completed 37 month drift value cycle will not result in a channel statistical Technical Specification limit and the being less than the existing 24 month drift allowance which impacts any margin which licensing basis Safety Analysis limit, value, the one-time extension of the exits between the current Technical protective functions will occur so that Safety surveillance interval for the transmitter for Specification limits and the licensing basis Analysis limits are not exceeded. Therefore, seven months does not involve a significant Safety Analysis Limits. Therefore, protective the proposed change for a one-time extension increase in a margin of safety. functions will continue to occur unchanged of the calibration intervals does not adversely

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.095 pfrm04 PsN: 14OCN1 55784 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices affect the performance of any safety related during the notice period such that and/or petition; and the Secretary or the system, component or structure and does not failure to act in a timely way would designated Atomic Safety and Licensing result in increased severity of any of the result, for example, in derating or Board will issue a notice of hearing or accidents considered in the Updated Final shutdown of the facility, the an appropriate order. Safety Analysis Report. Based on past test As required by 10 CFR 2.714, a results, the one-time extension of seven Commission may issue the license months for the OPS transmitters and six amendment before the expiration of the petition for leave to intervene shall set months for PORV set point calibrations does 14-day notice period, provided that its forth with particularity the interest of not involve a significant reduction in a final determination is that the the petitioner in the proceeding, and margin of safety. amendment involves no significant how that interest may be affected by the (O) The proposed license amendment does hazards consideration. The final results of the proceeding. The petition not involve a significant reduction in a determination will consider all public should specifically explain the reasons margin of safety. Because the change in and State comments received. Should why intervention should be permitted surveillance interval resulting from an the Commission take this action, it will with particular reference to the increased operating cycle will not result in a following factors: (1) the nature of the channel statistical allowance which exceeds publish in the Federal Register a notice the margin which exists between the current of issuance and provide for opportunity petitioner’s right under the Act to be Technical Specification limit and the for a hearing after issuance. The made party to the proceeding; (2) the licensing basis Safety Analysis limit, Commission expects that the need to nature and extent of the petitioner’s protective functions will occur so that Safety take this action will occur very property, financial, or other interest in Analysis limits are not exceeded. Therefore, infrequently. the proceeding; and (3) the possible the proposed change for a one-time extension Written comments may be submitted effect of any order which may be of the test interval does not adversely affect by mail to the Chief, Rules and entered in the proceeding on the the performance of any safety related system, Directives Branch, Division of petitioner’s interest. The petition should component or structure and does not result Administrative Services, Office of also identify the specific aspect(s) of the in increased severity of any of the accidents considered in the Updated Final Safety Administration, U.S. Nuclear Regulatory subject matter of the proceeding as to Analysis Report. Based on past test results, Commission, Washington, DC 20555– which petitioner wishes to intervene. the one-time extension of the surveillance 0001, and should cite the publication Any person who has filed a petition for interval for the transmitters by seven months date and page number of this Federal leave to intervene or who has been does not involve a significant reduction in a Register notice. Written comments may admitted as a party may amend the margin of safety. also be delivered to Room 6D59, Two petition without requesting leave of the (P) The proposed license amendment does White Flint North, 11545 Rockville Board up to 15 days prior to the first not involve a significant reduction in a Pike, Rockville, Maryland, from 7:30 prehearing conference scheduled in the margin of safety. Because the change in a.m. to 4:15 p.m. Federal workdays. proceeding, but such an amended surveillance interval resulting from an increased operating cycle will not result in a Copies of written comments received petition must satisfy the specificity channel statistical allowance which exceeds may be examined at the NRC Public requirements described above. the margin which exists between the current Document Room, the Gelman Building, Not later than 15 days prior to the first Technical Specification limit and the 2120 L Street, NW., Washington, DC. prehearing conference scheduled in the licensing basis Safety Analysis limit, The filing of requests for hearing and proceeding, a petitioner shall file a protective functions will occur so that Safety petitions for leave to intervene is supplement to the petition to intervene Analysis limits are not exceeded. Therefore, discussed below. which must include a list of the the proposed change for a one-time extension By November 15, 1999, the licensee contentions which are sought to be of the test interval does not adversely affect may file a request for a hearing with litigated in the matter. Each contention the performance of any safety related system, respect to issuance of the amendment to component or structure and does not result must consist of a specific statement of in increased severity of any of the accidents the subject facility operating license and the issue of law or fact to be raised or considered in the Updated Final Safety any person whose interest may be controverted. In addition, the petitioner Analysis Report. The OP/OT [Delta]T affected by this proceeding and who shall provide a brief explanation of the instrumentation loop functions are checked wishes to participate as a party in the bases of the contention and a concise on a quarterly basis under PT-Q52. Based on proceeding must file a written request statement of the alleged facts or expert past test results, the one-time extension of six for a hearing and a petition for leave to opinion which support the contention months does not involve a significant intervene. Requests for a hearing and a and on which the petitioner intends to reduction in a margin of safety. petition for leave to intervene shall be rely in proving the contention at the The NRC staff has reviewed the filed in accordance with the hearing. The petitioner must also licensee’s analysis and, based on this Commission’s ‘‘Rules of Practice for provide references to those specific review, it appears that the three Domestic Licensing Proceedings’’ in 10 sources and documents of which the standards of 10 CFR 50.92(c) are CFR part 2. Interested persons should petitioner is aware and on which the satisfied. Therefore, the NRC staff consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish proposes to determine that the which is available at the Commission’s those facts or expert opinion. Petitioner amendment request involves no Public Document Room, the Gelman must provide sufficient information to significant hazards consideration. Building, 2120 L Street, NW., show that a genuine dispute exists with The Commission is seeking public Washington, DC, and at the local public the applicant on a material issue of law comments on this proposed document room located at the White or fact. Contentions shall be limited to determination. Any comments received Plains Library, 100 Martin Avenue, matters within the scope of the within 14 days after the date of White Plains, New York 10610. If a amendment under consideration. The publication of this notice will be request for a hearing or petition for contention must be one which, if considered in making any final leave to intervene is filed by the above proven, would entitle the petitioner to determination. date, the Commission or an Atomic relief. A petitioner who fails to file such Normally, the Commission will not Safety and Licensing Board, designated a supplement which satisfies these issue the amendment until the by the Commission or by the Chairman requirements with respect to at least one expiration of the 14-day notice period. of the Atomic Safety and Licensing contention will not be permitted to However, should circumstances change Board Panel, will rule on the request participate as a party.

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Those permitted to intervene become For the Nuclear Regulatory Commission. Issued at Rockville, Maryland, this 7th day parties to the proceeding, subject to any Jefferey F. Harold, of October 1999. limitations in the order granting leave to Project Manager, Section 1, Project G. Paul Bollwerk III, intervene, and have the opportunity to Directorate I, Division of Licensing Project Chief Administrative Judge, Atomic Safety participate fully in the conduct of the Management, Office of Nuclear Reactor and Licensing Board Panel. hearing, including the opportunity to Regulation. [FR Doc. 99–26775 Filed 10–13–99; 8:45 am] present evidence and cross-examine [FR Doc. 99–26780 Filed 10–13–99; 8:45 am] BILLING CODE 7590±01±P witnesses. BILLING CODE 7590±01±P If a hearing is requested, the Commission will make a final NUCLEAR REGULATORY determination on the issue of no NUCLEAR REGULATORY COMMISSION COMMISSION significant hazards consideration. The [Docket Nos. 40±8794±MLA and 40±8778± final determination will serve to decide [Docket No. 50±155±ML and ASLBP No. 79± MLA; ASLBP No. 99±769±08±MLA] when the hearing is held. 423±11±ML] Molycorp, Inc.; Notice of If the final determination is that the Consumers Power (Big Rock Point); Reconstitution amendment request involves no Notice of Reconstitution significant hazards consideration, the Pursuant to the authority contained in Commission may issue the amendment Pursuant to the authority contained in 10 CFR 2.721 and 2.1207, the Presiding and make it immediately effective, 10 CFR 2.721, the Atomic Safety and Officer in the captioned 10 CFR Part 2, notwithstanding the request for a Licensing Board in the captioned 10 Subpart L proceeding is hereby replaced hearing. Any hearing held would take CFR part 2, Subpart G proceeding is by appointing Administrative Judge place after issuance of the amendment. hereby reconstituted by appointing Charles Bechhoefer as Presiding Officer If the final determination is that the Administrative Judge G. Paul Bollwerk, in place of Administrative Judge Peter amendment request involves a III, as Chairman in place of B. Bloch. significant hazards consideration, any Administrative Judge Peter B. Bloch. All correspondence, documents, and hearing held would take place before All correspondence, documents and other material shall be filed with the the issuance of any amendment. other material shall be filed with the Presiding Officer in accordance with 10 A request for a hearing or a petition new Board Chairman in accordance CFR 2.1203. The address of the new for leave to intervene must be filed with with 10 CFR 2.701. The address of the Presiding Officer is: Administrative the Secretary of the Commission, U.S. new Chairman is: Administrative Judge Judge Charles Bechhoefer; Atomic Nuclear Regulatory Commission, G. Paul Bollwerk, III, Atomic Safety and Safety and Licensing Board Panel, U.S. Washington, DC 20555–0001, Attention: Licensing Board Panel, U.S. Nuclear Nuclear Regulatory Commission, Rulemakings and Adjudications Staff, or Regulatory Commission, Washington, Washington, D.C. 20555–0001. may be delivered to the Commission’s DC 20555–0001. Issued at Rockville, Maryland, this 7th day Public Document Room, the Gelman Issued at Rockville, Maryland, this 7th day of October 1999. Building, 2120 L Street, NW., of October 1999. G. Paul Bollwerk III, Washington, DC, by the above date. A G. Paul Bollwerk III, Chief Administrative Judge, Atomic Safety copy of the petition should also be sent Chief Administrative Judge, Atomic Safety and Licensing Board Panel. to the Office of the General Counsel, and Licensing Board Panel. [FR Doc. 99–26774 Filed 10–13–99; 8:45 am] U.S. Nuclear Regulatory Commission, [FR Doc. 99–26772 Filed 10–13–99; 8:45 am] BILLING CODE 7590±01±P Washington, DC 20555–0001, and to BILLING CODE 7590±01±P Brent L. Brandenburg, Esq., 4 Irving Place, New York, New York 10003, NUCLEAR REGULATORY attorney for the licensee. NUCLEAR REGULATORY COMMISSION Nontimely filings of petitions for COMMISSION [Docket No. 50±344] leave to intervene, amended petitions, [Docket No. 40±8681-MLA±5; ASLBP No. supplemental petitions and/or requests 99±758±02±MLA] Portland General Electric Company, et for hearing will not be entertained al.; Trojan Nuclear Plant; Notice of absent a determination by the International Uranium (USA) Receipt, Availability for Comment, and Commission, the presiding officer or the Corporation; Notice of Reconstitution Meeting To Discuss License Termination Plan presiding Atomic Safety and Licensing Pursuant to the authority contained in Board that the petition and/or request 10 CFR 2.721 and 2.1207, the Presiding The Nuclear Regulatory Commission should be granted based upon a Officer in the captioned 10 CFR part 2, (NRC) is in receipt of and is making balancing of the factors specified in 10 Subpart L proceeding is hereby replaced available for public inspection and CFR 2.714(a)(1)(i)–(v) and 2.714(d). by appointing Administrative Judge G. comment the License Termination Plan For further details with respect to this Paul Bollwerk, III as Presiding Officer in (LTP) for the Trojan Nuclear Plant (TNP) action, see the application for place of Administrative Judge Peter B. located in Columbia County, Oregon, on amendment dated April 21, 1999, which Bloch. the west bank of the Columbia River. is available for public inspection at the All correspondence, documents, and Portland General Electric Company Commission’s Public Document Room, other material shall be filed with the (PGE, or the licensee) announced the Gelman Building, 2120 L Street, Presiding Officer in accordance with 10 permanent cessation of power NW., Washington, DC, and at the local CFR 2.1203. The address of the new operations of TNP on January 4, 1993. public document room located at the Presiding Officer is: Administrative In accordance with NRC regulations in White Plains Library, 100 Martine Judge G. Paul Bollwerk, III, Atomic effect at that time, PGE submitted a Avenue, White Plains, New York 10610. Safety and Licensing Board Panel, U.S. decommissioning plan for TNP to the Dated at Rockville, Maryland, this 7th day Nuclear Regulatory Commission, NRC in January 1995, which was of October 1999. Washington, DC 20555–0001. approved by the NRC on April 15, 1996.

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The facility is undergoing active NUCLEAR REGULATORY submitted by BGE, (3) consultation with decontamination and dismantlement. COMMISSION other Federal, State, and local agencies, In accordance with 10 CFR (4) its own independent review, and (5) [Docket No. 50±460±OL and ASLBP No. 82± its consideration of public comments, 50.82(a)(9), all power reactor licensees 479±06±OL] must submit an application for the staff recommends that the Commission determine that the adverse termination of their license. The Washington Public Power Supply environmental impacts of license application for termination of license System; Notice of Reconstitution renewal for Calvert Cliffs Nuclear Power must be accompanied or preceded by an Pursuant to the authority contained in Plant Unit 1 and Unit 2 are not so great LTP to be submitted for NRC approval. 10 CFR 2.721, the Atomic Safety and that preserving the option of license If found acceptable by the NRC staff, the Licensing Board in the captioned 10 renewal for energy planning LTP is approved by license amendment, CFR part 2, Subpart G proceeding is decisionmakers would be unreasonable. subject to such conditions and hereby reconstituted by appointing The final supplement to the GEIS for limitations as the NRC staff deems Administrative Judge G. Paul Bollwerk, CCNPP is available for public inspection appropriate and necessary. PGE III, as Chairman in place of and copying at the Commission’s Public submitted the proposed LTP for TNP by Administrative Judge Peter B. Bloch. Document Room at the Gelman application dated August 5, 1999. In All correspondence, documents, and Building, 2120 L Street NW., accordance with 10 CFR 20.1405 and 10 other material shall be filed with the Washington, DC, and the Local Public CFR 50.82(a)(9)(iii), the NRC is new Board Chairman in accordance Document Room located in the Calvert providing notice to individuals in the with 10 CFR 2.701. The address of the County Public Library, 30 Duke Street, vicinity of the site that the NRC is in new Chairman is: Administrative Judge Prince Frederick, MD 20678. G. Paul Bollwerk, III, Atomic Safety and receipt of the TNP LTP, and will accept FOR FURTHER INFORMATION, CONTACT: Mr. comments from affected parties. In Licensing Board Panel, U.S. Nuclear Thomas J. Kenyon, Generic Issues, accordance with 10 CFR 50.82(a)(9)(iii), Regulatory Commission, Washington, Environmental, Financial, and the NRC is also providing notice that the DC 20555–0001. Rulemaking Branch, Division of NRC staff will conduct a meeting to Issued at Rockville, Maryland, this 7th day Regulatory Improvement Programs, U.S. discuss the TNP LTP on Tuesday, of October 1999. Nuclear Regulatory Commission, December 7, 1999, at 7:00 p.m. at the G. Paul Bollwerk III, Washington, DC 20555. Mr. Kenyon can Best Western—Oak Meadows Inn, Chief Administrative Judge, Atomic Safety be contacted at (301) 415–1120 or by located at 585 South Columbia River and Licensing Board Panel. writing to: Thomas J. Kenyon, U.S. Highway, St Helens, Oregon. [FR Doc. 99–26773 Filed 10–13–99; 8:45 am] Nuclear Regulatory Commission, MS 0– The TNP LTP is available for public BILLING CODE 7590±01±P 11 F1, Washington, DC 20555. inspection at the TNP local public Dated at Rockville, Maryland, this 5th day document room, located at the Branford of October, 1999. NUCLEAR REGULATORY For the Nuclear Regulatory Commission. Price Millar Library, Portland State COMMISSION University, 934 SW Harrison Street, P.O. Scott F. Newberry, Box 1151, Portland, Oregon 97202, and [Docket Nos. 50±317 and 50±318] Acting Director, Division of Regulatory at the Commission’s Public Document Improvement Programs, Office of Nuclear Baltimore Gas and Electric Company; Room, The Gelman Building, 2120 L Reactor Regulation. Notice of Availability of the Final Street, NW, Washington, DC 20037. [FR Doc. 99–26781 Filed 10–13–99; 8:45 am] Supplement 1 to the Generic BILLING CODE 7590±01±P Comments regarding the TNP LTP Environmental Impact Statement for may be submitted in writing and the License Renewal of Calvert Cliffs addressed to Mr. Lee Thonus, Mail Stop Nuclear Power Plant, Unit Nos. 1 and NUCLEAR REGULATORY O–11–D19, Project Directorate IV and 2 COMMISSION Decommissioning, Division of Licensing Project Management, Office of Nuclear Notice is hereby given that the U.S. Advisory Committee on Reactor Reactor Regulation, U.S. Nuclear Nuclear Regulatory Commission (the Safeguards; Meeting of the Commission) has published a final Regulatory Commission, Washington, Subcommittee on Human Factors; plant-specific Supplement 1 to the DC 20555–0001, telephone (717) 948– Notice of Meeting Generic Environmental Impact 1161 or e-mail [email protected]. Statement (GEIS) (NUREG–1437) The ACRS Subcommittee meeting on Dated at Rockville, Maryland, this 6th day regarding the renewal of operating Human Factors scheduled to be held on of October 1999. licenses DPR–53 and DPR–69 for an Friday, October 22, 1999, has been For the Nuclear Regulatory Commission. additional 20 years of operation at the rescheduled for Friday, November 19, Richard F. Dudley, Calvert Cliffs Nuclear Power Plant 1999, 8:30 a.m., in Room T–2B3, 11545 Acting Chief, Decommissioning Section, (CCNPP), Unit Nos. 1 and 2, Rockville Pike, Rockville, Maryland. Project Directorate IV and Decommissioning, respectively. CCNPP is located in Notice of this meeting was published in Division of Licensing Project Management, Calvert County, Maryland. Possible the Federal Register on Friday, October Office of Nuclear Reactor Regulation. alternatives to the proposed action 1, 1999 (64 FR 53423). All other items [FR Doc. 99–26782 Filed 10–13–99; 8:45 am] (license renewal) include no action and pertaining to this meeting remain the same as previously published. BILLING CODE 7590±01±P reasonable alternative energy sources. In Section 9.3 of the report, the staff For further information contact the concludes: Based on (1) the analysis and cognizant ACRS staff engineers, Mr. findings in the Generic Environmental Noel F. Dudley (telephone 301/415– Impact Statement for License Renewal 6888) or Mr. Juan Peralta (telephone of Nuclear Power Plants, NUREG–1437, 301/415–6855) between 7:30 a.m. and (2) the ER [Environmental Report] 4:15 p.m. (EDT).

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Dated: October 7, 1999. 5:00 P.M.–6:00 P.M.: Break and Subcommittee on matters related to the John T. Larkins, Preparation of Draft ACRS Reports conduct of ACRS business. Executive Director, ACRS/ACNW. (Open)—Cognizant ACRS members will 3:00 P.M.–3:15 P.M.: Reconciliation of [FR Doc. 99–26777 Filed 10–13–99; 8:45 am] prepare draft reports for consideration ACRS Comments and BILLING CODE 7590±01±P by the full Committee. Recommendations (Open)—The 6:00 P.M.–7:00 P.M.: Discussion of Committee will discuss the responses Proposed ACRS Reports (Open)—The from the NRC Executive Director for NUCLEAR REGULATORY Committee will discuss proposed ACRS Operations (EDO) to comments and COMMISSION reports, including those on: Proposed recommendations included in recent Resolution of Generic Safety Issue-148, ACRS reports and letters. The EDO Advisory Committee on Reactor ‘‘Smoke Control and Manual Fire responses are expected to be made Safeguards; Meeting Notice Fighting Effectiveness’’; and Proposed available to the Committee prior to the Regulatory Guide on Design Bases meeting. In accordance with the purposes of Information; as well as the Joint ACRS/ sections 29 and 182b. of the Atomic 3:15 P.M.–4:15 P.M.: Break and ACNW Report on the Proposed Preparation of Draft ACRS Reports Energy Act (42 U.S.C. 2039, 2232b), the Framework for Risk-Informed Advisory Committee on Reactor (Open)—Cognizant ACRS members will Regulation in the Office of Nuclear prepare draft reports for consideration Safeguards will hold a meeting on Material Safety and Safeguards. November 4–6, 1999, in Conference by the full Committee. Room T–2B3, 11545 Rockville Pike, Friday, November 5, 1999 4:15 P.M.–7:00 P.M.: Discussion of Proposed ACRS Reports (Open)—The Rockville, Maryland. The date of this 8:30 A.M.–8:35 A.M.: Opening Committee will discuss proposed ACRS meeting was previously published in Remarks by the ACRS Chairman reports. the Federal Register on Wednesday, (Open)—The ACRS Chairman will make November 18, 1998 (63 FR 64105). opening remarks regarding the conduct Saturday, November 6, 1999 Thursday, November 4, 1999 of the meeting. 8:35 A.M.–10:00 A.M.: Proposed 8:30 A.M.–2:00 P.M.: Discussion of 8:30 A.M.–9:15 A.M.: Preparation for Changes to the Design Control Proposed ACRS Reports (Open)—The Meeting with the Commission (Open)— Document Associated with the AP600 Committee will continue its discussion The Committee will discuss topics Design (Open)—The Committee will of proposed ACRS reports. proposed for meeting with the NRC hear presentations by and hold 2:00 P.M.–2:30 P.M.: Miscellaneous Commissioners: Risk-Informing 10 CFR discussions with representatives of the (Open)—The Committee will discuss part 50; Risk-Informing 10 CFR 50.59; NRC staff and Westinghouse Electric matters related to the conduct of Relationship and Balance Between PRA Company regarding proposed changes to Committee activities and matters and Results and Defense-in-Depth; Strategy the Design Control Document related to specific issues that were not completed for Reviewing License Renewal the AP600 design and the associated during previous meetings, as time and Applications; NRC Safety Research NRC staff’s evaluation. availability of information permit. Program; Multiple Structures, Systems, 10:15 A.M.–11:45 A.M.: Spent Fuel Procedures for the conduct of and and Components (SSCs) out of Service Fire Risk Associated with participation in ACRS meetings were During Maintenance; High Burnup Fuel Decommissioning (Open)—The published in the Federal Register on Phenomena Identification and Ranking; Committee will hear presentations by September 28, 1999 (64 FR 52353). In and Low-Power and Shutdown and hold discussions with accordance with these procedures, oral Operations Risk. representatives of the NRC staff or written views may be presented by 9:30 A.M.–11:30 A.M.: Meeting with regarding the status of staff activities members of the public, including the Commission (Open)—The related to assessing the spent fuel fire representatives of the nuclear industry. Committee will meet with the NRC risk associated with decommissioning, Electronic recordings will be permitted Commissioners at the Commissioners’ spent fuel pool risk assessment study, only during the open portions of the Conference Room, One White Flint and related matters. meeting and questions may be asked North, to discuss the items noted above. 12:45 P.M.–1:45 P.M.: Status of only by members of the Committee, its 1:00 P.M.–1:15 P.M.: Opening Resolution of Issues Associated with the consultants, and staff. Persons desiring Remarks by the ACRS Chairman Design Bases Information (Open)—The to make oral statements should notify (Open)—The ACRS Chairman will make Committee will hear presentations by Mr. Sam Duraiswamy, ACRS, five days opening remarks regarding the conduct and hold discussions with before the meeting, if possible, so that of the meeting. representatives of the NRC staff and appropriate arrangements can be made 1:15 P.M.–2:45 P.M.: Proposed Nuclear Energy Institute (NEI) regarding to allow necessary time during the Revision to Section 11 of NUMARC 93– the status of resolution of the meeting for such statements. Use of still, 01, Assessment of Risk Resulting from differences between the NRC staff and motion picture, and television cameras Performance of Maintenance Activities NEI related to NEI 97–04 document, during this meeting may be limited to (Open)—The Committee will hear ‘‘Design Bases Program Guidelines.’’ selected portions of the meeting as presentations by and hold discussions 1:45 P.M.–2:15 P.M.: Future ACRS determined by the Chairman. with representatives of the Nuclear Activities (Open)—The Committee will Information regarding the time to be set Energy Institute (NEI) and NRC staff discuss the recommendations of the aside for this purpose may be obtained regarding proposed revision to Section Planning and Procedures Subcommittee by contacting Mr. Sam Duraiswamy 11 of NUMARC 93–01. regarding items proposed for prior to the meeting. In view of the 3:00 P.M.–5:00 P.M.: NRC Safety consideration by the full Committee possibility that the schedule for ACRS Research Program Report to the during future meetings. meetings may be adjusted by the Commission (Open)—The Committee 2:30 P.M.–3:00 P.M.: Report of the Chairman as necessary to facilitate the will discuss the proposed ACRS report Planning and Procedures Subcommittee conduct of the meeting, persons to the Commission on the NRC Safety (Open)—The Committee will hear a planning to attend should check with Research Program and related matters. report of the Planning and Procedures Mr. Sam Duraiswamy if such

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.103 pfrm04 PsN: 14OCN1 55788 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices rescheduling would result in major STATUS: Public and Closed. schedule electronically, please send an inconvenience. MATTERS TO BE CONSIDERED: electronic message to [email protected] or Further information regarding topics [email protected]. Week of October 11 to be discussed, whether the meeting Dated: October 8, 1999. has been canceled or rescheduled, the Thursday, October 14 William M. Hill, Jr., Chairman’s ruling on requests for the 11:30 a.m. Affirmation Session (Public SECY Tracking Officer, Office of the opportunity to present oral statements Meeting) (if needed). Secretary. and the time allotted therefor, can be Week of October 18—Tentative [FR Doc. 99–26929 Filed 10–12–99; 11:26 obtained by contacting Mr. Sam am] Duraiswamy (telephone 301/415–7364), Wednesday, October 20 BILLING CODE 7590±01±M between 7:30 a.m. and 4:15 p.m., EDT. ACRS meeting agenda, meeting 9:25 a.m. Affirmation Session (Public transcripts, and letter reports are Meeting) (if needed). available for downloading or viewing on 9:30 a.m. Meeting with Organization of OFFICE OF MANAGEMENT AND the internet at http://www.nrc.gov/ Agreement States (OAS) and BUDGET ACRSACNW. Conference of Radiation Control Program Directors (CRCPD) (Public Office of Information and Regulatory Videoteleconferencing service is Affairs; Estimating Paperwork Burden available for observing open sessions of Meeting) (Contact: Paul Lohaus, ACRS meetings. Those wishing to use 301–415–3340). AGENCY: Office of Information and this service for observing ACRS Thursday, October 21 Regulatory Affairs, Office of meetings should contact Mr. Theron Management and Budget. 9:30 a.m. Briefing on Part 35—Rule on Brown, ACRS Audio Visual Technician ACTION: Notice of reevaluation of OMB (301–415–8066), between 7:30 a.m. and Medical Use of Byproduct Material (Public Meeting) (Contact: Cathy guidance on estimating paperwork 3:45 p.m. EDT at least 10 days before the burden. meeting to ensure the availability of this Haney, 301–415–6825) (SECY–99– service. Individuals or organizations 201, Draft Final Rule—10 CFR Part SUMMARY: The Paperwork Reduction Act requesting this service will be 35, Medical Use of Byproduct (PRA) seeks to ensure that Federal responsible for telephone line charges Material, is available in the NRC agencies balance their need to collect and for providing the equipment Public Document Room or on NRC information with the paperwork burden facilities that they use to establish the web site at: ‘‘www.prc.gov/NRC/ imposed on the public in complying videoteleconferencing link. The COMMISSION/SECYS/index.html’’ with the collection. Agencies must availability of videoteleconferencing Download the zipped version to estimate the burdens that their services is not guaranteed. obtain all attachments). individual collections impose on the The ACRS meeting dates for Calendar Week of October 25—Tentative public. The public learns of these burden estimates by PRA notices that Year 2000 are provided below: There are no meetings scheduled for the agencies publish in the Federal Register Week of October 25. ACRS Meeting No. and Meeting Date and with the forms used for collection. — January 2000—No meeting Week of November 1—Tentative The Office of Management and Budget 469 February 3–5, 2000 (OMB) has begun a preliminary Thursday, November 4 470 March 2–4, 2000 reevaluation of its guidance to agencies 471 April 6–8, 2000 9:25 a.m. Affirmation Session (Public on estimating and reporting paperwork 472 May 11–13, 2000 Meeting) (if needed). burden. As part of this effort, OMB 473 June 7–9, 2000 9:30 a.m. Meeting with Advisory seeks comment on how to increase the 474 July 12–14, 2000 Committee on Reactor Safeguards uniformity, accuracy, and — August 2000—No meeting (ACRS) (Public Meeting) (Contact: comprehensiveness of agency burden 475 August 30—September 1, 2000 John Larkins, 301–415–7360). measurement. Based on comments that 476 October 5–7, 2000 * The schedule for commission OMB receives, as well as its experience 477 November 2–4, 2000 meetings is subject to change on short in evaluating agency burden estimates, 478 December 7–9, 2000 notice. To verify the status of meetings OMB will prepare (and seek additional Dated: October 7, 1999. call (recording)—(301) 415–1292. comment on) a more detailed proposal to revise its guidance to agencies on Andrew L. Bates, CONTACT PERSON FOR MORE INFORMATION: Bill Hill (301) 415–1661. estimating and reporting paperwork Advisory Committee Management Officer. burden. OMB will consider comments [FR Doc. 99–26778 Filed 10–18–99; 8:45 am] * * * * * The NRC Commission Meeting on its proposal before finalizing its BILLING CODE 7590±01±P Schedule can be found on the Internet burden guidance. at: http://www.nrc.gov/SECY/smj/ DATES: Written comments are NUCLEAR REGULATORY schedule.htm. encouraged and must be received on or COMMISSION * * * * * before January 12, 2000. This notice is distributed by mail to ADDRESSES: Comments should be Sunshine Act Meeting several hundred subscribers; if you no submitted to the Office of Information longer wish to receive it, or would like and Regulatory Affairs, Office of AGENCY HOLDING THE MEETING: Nuclear to be added to it, please contact the Management and Budget, New Regulatory Commission. Office of the Secretary, Attn: Operations Executive Office Building, Room 10202, DATE: Weeks of October 11, 18, 25, and Branch, Washington, DC 20555 (301– 725 17th Street, NW, Washington, DC, November 1, 1999. 415–1661). In addition, distribution of 20503. Comments received on this PLACE: Commissioners’ Conference this meeting notice over the Internet notice will be available for public Room, 11555 Rockville Pike, Rockville, system is available. If you are interested inspection and copying at the Office of Maryland. in receiving this Commission meeting Information and Regulatory Affairs

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Docket Library, New Executive Office Currently, agencies separately balance the thoroughness of the analysis Building, Room 10102, 725 17th Street, estimate the ‘‘hour burden’’ and ‘‘cost with its practical limits. NW, Washington, DC, 20503. To make burden’’ of each particular information • Accuracy. Burden measurement an appointment to inspect comments, collection. This ensures that all types of should incorporate recent developments please call (202) 395–6881. burden are taken into account, but in methodological, data collection, and FOR FURTHER INFORMATION CONTACT: requires two calculations of burden, one estimation techniques and reflect Alexander T. Hunt, Policy Analyst, in the form of ‘‘burden hours’’ and the changes in the collection, storage, Commerce and Lands Branch, Office of other in the form of ‘‘dollars.’’ This processing, preparation, and Information and Regulatory Affairs, at approach also poses difficulties for transmission of information. (202) 395-7860 or [email protected]. evaluating over the years a particular • Integrity. Measurement should SUPPLEMENTARY INFORMATION: collection’s overall burden. For provide proper incentives to agencies to example, as respondents move from undertake initiatives that actually I. Background manual to automated information reduce burden, as opposed to initiatives Under the 1995 PRA (44 U.S.C. processing, a collection’s ‘‘hour burden’’ that simply reduce burden estimates. Chapter 35) and OMB’s implementing would typically decrease. Its ‘‘cost Such measures, for example, would not regulations (5 CFR part 1320), we burden’’ might increase or decrease, rely exclusively on proxies for burden, measure PRA paperwork burden in depending on the level of offsetting such as the number of lines on a form. • terms of the time and financial ‘‘cost burden’’ reductions from Sensitivity. A burden measure resources the public devotes annually to electronic recordkeeping and reporting. should allow agencies to assess the meet one-time and recurring While the use of automation can impact of ongoing improvements in information requests. The term decrease overall burden, the current procedures and customer service that ‘‘burden’’ means the ‘‘time, effort, or reliance on separate categories of are not measured by current financial resources’’ the public expends burden poses difficulties for arriving at methodologies. • to provide information to or for a precise comparisons over time of a Comprehensiveness. The Federal agency, or otherwise fulfill collection’s overall burden. For similar measurement of burden must capture all statutory or regulatory requirements. 44 reasons, the current reliance on separate burden (time and out-of-pocket U.S.C. 3502(2); 5 CFR 1320.3(b). This burden categories can sometimes pose expenses) without double-counting and includes: difficulties for comparing the overall must reflect the real costs imposed on • Reviewing instructions; the public. • burden imposed by different collections • Using technology to collect, of information, since collections can Practicality. Agency personnel must process, and disclose information; be able to implement measurement • involve significantly different mixes of Adjusting existing practices to ‘‘hour burden’’ and ‘‘cost burden.’’ For methods in a practical and comply with requirements; example, in the case of collections straightforward way. • Searching data sources; • Transparency. Improved burden involving household respondents, • Completing and reviewing the estimates should improve our overall burden would typically consist response; and understanding of the tradeoffs among primarily of ‘‘burden hours.’’ In the case • Transmitting or disclosing burden, customer satisfaction, and the of collections involving large business information. utility of collected information. Under the Paperwork Reduction Act, respondents, ‘‘cost burden’’ would In relying on these principles, OMB agencies must take into account the assume a larger significance, due to the hopes to minimize variation in burden that their information greater reliance on automation. paperwork burden measurement so that collections impose on the public. This Given these complexities, agency future estimates are more useful in burden is balanced with the ‘‘practical estimation methodologies can produce comparing agency inventories and utility’’ of the information to be imprecise and inconsistent burden evaluating individual agency and collected. In earlier decades, when estimates. A detailed description and governmentwide performance. It also information was maintained manually assessment of current burden estimation hopes to improve the rather than through automation, practices is provided in the FY 1999 comprehensiveness, consistency, and paperwork burden could be captured by Information Collection Budget. See accuracy of burden hour measurement estimating the ‘‘burden hours’’ that an Information Collection Budget of the and the way agencies now measure and individual, a company, or other entity United States Government, Fiscal Year report out-of-pocket dollar costs. would have to expend in filling out a 1999, Office of Management and Budget, Agencies can continue to report time form or otherwise responding to an pp. 31–36 (available at http:// and financial costs, but estimates of agency collection. Over the succeeding www.whitehouse.gov/OMB/inforeg/icb- burden hours and financial costs will years, as computers and other fy99.pdf). reflect improved estimation automated systems have assumed an II. Burden Measurement methodologies. ever-increasing role in society, paperwork burden has increasingly In reevaluating its guidance on III. Issues for Comment come to be represented by the financial estimating burden, OMB has relied on a OMB invites comment generally on costs associated with information number of principles: all aspects of measuring and reporting technology. The financial costs imposed • Consistency. Burden estimation paperwork burden. OMB welcomes any by a Federal collection have been techniques should be applied suggestions on how to address problems included as ‘‘burden’’ in the Paperwork consistently to help ensure that a with the current agency practices, as Reduction Act and in OMB’s burden hour reported by one agency well as recommendations on implementing regulations. See 44 U.S.C. represents a burden hour equal to that methodologies to improve estimates of 3502(2) (1995 PRA); 44 U.S.C. 3502(3) of a burden hour reported by any other time burden and financial burden. It (1980 PRA); 5 CFR 1320.3(b) agency. Since the value of precise specifically requests comments on (regulations issued in 1995); 5 CFR burden estimates increases with the size burden measurement options. 1320.7(b) (regulations in effect during of information collections, we must use Please give particular attention to 1983–95). competent professional judgment to these issues:

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Monetizing Burden Hours. OMB seeks receive benefits from her firm such as a particular collection, or should comment on the idea of monetizing the health and life insurance, paid vacation, valuations differ according to ‘‘burden hour’’ calculation by and contributions to a retirement plan. respondent characteristics. A successful converting a collection’s burden hours To support her work activities, her methodology may need different values into a dollar measure of burden. If a employer must also purchase office of time for collections responded to by dollar-equivalent value is calculated for supplies and services, including office individuals in different circumstances. a given collection’s ‘‘burden hours,’’ a space, furniture, heat and air • Should OMB establish a means for single estimate—in dollar terms—of the conditioning, electricity, a telephone reporting annual burden estimates collection’s overall burden could be and telephone service, a personal rather than the three-year average provided by combining the monetized computer, printer and photocopier burden estimates that are commonly ‘‘burden hour’’ calculation with the access, and various office supplies. reported today? ‘‘cost burden’’ calculation. This These costs need to be accounted for Categories of Burden. OMB also seeks approach would raise a number of when assessing the overall impact of the comment on the advantages and implementation issues. Two issues Federal information collection on the disadvantages of expanding the deserve particular attention. The first resources of the respondent. categories of burden that agencies report involves improving agency burden For household-based collections, the to OMB. Such an approach could accounting practices to resolve salient issue is inherently more complex. involve dividing estimates of Federal differences and improve the dollar People are generally not paid a wage for paperwork burden into three categories, measure of out-of-pocket expenses. The non-work activities that they perform at with a fourth category representing an second issue involves revising OMB home. Instead, for burden measurement aggregate measure of burden. The first guidance to agencies to provide purposes, the value that people place on two categories, burden hours and consistency in the measurement of time their time is usually expressed in financial costs, are used under the and financial burden. economic terms as ‘‘opportunity cost,’’ current approach, but could be One potential benefit of developing a or the value of an activity (for example, improved using new procedures unified dollar measure of burden is that spending time with family or designed to address problems with it would be available for cost- developing a new professional skill) that burden estimation practices. A possible effectiveness analysis. Analytically, a a person would expect to engage in were third category could be burden hours dollar measure has the potential to he or she not occupied in complying converted, or ‘‘monetized,’’ into dollars, better capture opportunity cost (as with a government reporting depending on resolution of the issue explained below), as well as the burden requirement. Economic theory suggests discussed above. A possible fourth of PRA requirements not easily that the opportunity cost of giving up an category might combine financial costs measured in hours (e.g., recordkeeping). hour of leisure will be equal to the wage and monetized burden hours to create, We seek comments on whether this and/ foregone from the next hour the for the first time, a dollar measure of or any other potential benefits would individual would have worked. In most total Federal paperwork burden. outweigh possible negative effects of cases, this will be the same as the Estimating Burden Hours. Whether or this approach. respondent’s average wage. In other not the categories of burden are Monetizing burden hours would cases—for example, if the respondent is expanded, OMB plans to provide present a daunting methodological eligible for overtime pay for her forty- guidance to agencies intended to help challenge and raises issues concerning first hour of work in a week—it may be them improve their estimates of time certainty and ease of administration by more than the average wage. burden, measured in burden hours. agencies. The key issue would be how Alternatively, to measure the value of OMB seeks comments specifically on to estimate the value of the time devoted leisure time, agencies could observe the by the public to complying with the ways to improve current agency hour actual fees paid by individuals and burden estimation methodologies. government’s information collection businesses to others (e.g., paid tax requirements. Monetizing time burden OMB will review and consider all preparers, contractors) to prepare and comments received in response to this presents different issues when submit information to the government. considering information collections notice. It will then prepare a draft This measurement approach is revised guidance to Federal agencies from firms versus collections from sometimes referred to as ‘‘revealed households. When information is and provide another opportunity for preference.’’ public comment before issuing final collected from firms, it may be relatively Given the methodological and guidance to agencies. easy to estimate the employee cost implementation challenges involved associated with responding to the with monetizing burden hours, OMB Dated: October 4, 1999. collection. Indeed, some agencies requests responses to a number of John T. Spotila, already do this, using, for example, data specific questions: Administrator, Office of Information and on wage rates provided by the Bureau of • What are the advantages and Regulatory Affairs. Labor Statistics. The challenge in firm- disadvantages to trying to monetize [FR Doc. 99–26846 Filed 10–13–99; 8:45 am] based collections is primarily one of burden hours? BILLING CODE 3110±01±P implementation. In order to assure a • Is monetization worth doing at all? meaningful basis for comparison of • Should a single valuation of time costs across agencies, it will be (as represented, for example, by a necessary to obtain appropriate wage respondent’s wage rate or the fee paid SECURITIES AND EXCHANGE rates. to a contractor) be used for all COMMISSION In estimating the appropriate wage collections, or should it be derived [Release No. IC±24076; 812±11498] rate, it is critical that the wage be separately for different types of properly ‘‘loaded’’ to include overhead collections? A successful methodology Stephens Group, Inc. et al.; Notice of and fringe benefit costs associated with may need to be tailored to individual Application the employee’s time. For example, collections and agencies. although a technical employee’s wage • If the latter, should a single AGENCY: Securities and Exchange may be $20 per hour, she may also valuation be used for all respondents to Commission (‘‘Commission’’).

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ACTION: Notice of application for and an investment adviser registered Financial General BankShares Inc., a permanent order under section 9(c) of under the Investment Advisers Act of bank holding company, and did not the Investment Company Act of 1940 1940 (‘‘Advisers Act’’). make the filings required by section (the ‘‘Act’’). 2. Mr. Stephens served as Stephens’ 13(d) of the Exchange Act. In consenting chief executive officer and chairman of to the 1978 Injunction, Stephens SUMMARY: Applicants request a the board of directors from 1956 until undertook, among other things, to permanent order exempting them from 1986. Mr. Stephens currently serves as implement and maintain certain section 9(a) of the Act with respect to a chairman of the board of directors of procedures designed to prevent future securities-related injunction entered in Stephens and Stephens Holding. Mr. violations of section 13(d) of the 1978. Stephens is not an officer or director of Exchange Act. SI disclosed the 1978 APPLICANTS: Stephens Group, Inc. SI.1 Injunction on both its Form ADV filed (‘‘Stephens’’), Stephens Inc. (‘‘SI’’), and 3. SI has served as principal under the Advisers Act and Form BD Jackson T. Stephens (‘‘Mr. Stephens’’). underwriter and administrator for filed under the Exchange Act.3 FILING DATE: The application was filed registered investment companies on February 5, 1999, and amended on (‘‘funds’’) since 1988. SI currently serves 7. Applicants state that they did not September 7, 1999. in those capacities for three sets of bank seek an order under section 9(c) around the time of the 1978 Injunction because HEARING OR NOTIFICATION OF HEARING: proprietary funds: Stagecoach Funds SI did not begin to engage in any fund- Interested persons may request a advised by Wells Fargo Bank, Barclays related activities until 1988. Applicants hearing by writing to the Commission’s Global Investor Funds advised by also state that they did not become Secretary and serving applicants with a Barclays Global Investors, and Nations aware of the section 9(a) violation until copy of the request, personally or by Funds advised by NationsBank late November 1998, when the violation mail. Hearing requests should be Advisors, Inc., a wholly-owned was discovered by counsel in received by the Commission by 5:30 subsidiary of Bank of America preparation for the Bank Funds Merger. p.m. on November 1, 1999 and should (collectively, ‘‘Bank Funds’’). The Bank be accompanied by proof of service on Funds include 127 individual funds 8. Since the 1978 Injunction, applicants in the form of an affidavit or, with total assets in excess of $100 Stephens has been involved in a number for lawyers, a certificate of service. billion. of securities related administrative 4. It is anticipated that, in connection Hearing requests should state the nature proceedings with the Commission, state with a recent merger between Wells of the writer’s interest, the reason for the securities regulators and self-regulatory Fargo & Company and Norwest request, and the issues contested. organizations. Three of these Corporation, certain Stagecoach Funds Persons who wish to be notified of a proceedings involved SI’s investment may be merged with certain funds hearing may request notification by advisory and fund-related activities. In advised by subsidiaries of Norwest writing to the Commission’s Secretary. 1997, SI consented to the imposition of Corporation. In addition, in connection An order granting the application will a cease-and-desist order by the with the merger of BankAmerica and Commission that found, among other be issued unless the Commission orders NationsBank, certain of the Pacific a hearing or extends the temporary things, that SI violated the Advisers Act Horizon Funds, the propriety funds of by failing to provide its clients with exemption. BankAmerica, have been merged with ADDRESSES: Secretary, and Securities adequate disclosure concerning Nations Funds. The two mergers are principal transactions in securities.4 In and Exchange Commission, 450 Fifth collectively referred to in this notice of Street, NW, Washington, DC 20549– 1996, SI entered into a consent order the ‘‘Bank Funds Merger.’’ SI is serving with the National Association of 0609; Applicants, 111 Center Street, or will serve as a principal underwriter Little Rock, AR 72201. Securities Dealers, Inc. (‘‘NASD’’) and administrator to the merged funds. accepting, among other things, a finding FOR FURTHER INFORMATION CONTACT: 5. In 1997, Stephens Capital by the NASD that SI failed to exercise Janet M. Grossnickle, Attorney-Adviser, Management, a division of SI, also reasonable supervision over its at (202) 942–0526, or Mary Kay French, began serving as a subadviser to representatives in connection with Branch Chief, at (202) 942–0564, Stephens Intermediate Bond Fund, a wholesale marketing of two closed-end Division of Investment Management, fund advised by Diversified Investment funds.5 Office of Investment Company Advisors, Inc. (‘‘Subadvised Fund’’). In 1995, entered into an Regulation. The Subadvised Fund has administrative settlement order with the Securities Division of the Massachusetts SUPPLEMENTARY INFORMATION: approximately $25 million in assets. The Secretary of State in connection with following is a summary of the 6. On March 18, 1978, Stephens and Mr. Stephens consented to judgments of SI’s failure not to sell shares of an open- application. The complete application is end fund to 23 purchasers in available for a fee from the permanent injunction issued by the U.S. District Court for the District of Massachusetts prior to registration in Commission’s Public Reference Branch, 6 Columbia in a matter brought by the Massachusetts. Applicants state that 450 Fifth Street, NW, Washington, DC none of the other administrative 20549–0102 (tel. 202–942–8090). Commission (‘‘1978 Injunction’’).2 The Commission alleged that Stephens and proceedings, all of which are listed in Applicant’s Representations Mr. Stephens acted as part of a group of an exhibit to the application, involved 1. Stephens is an Arkansas persons, within the meaning of section corporation formed in 1933. Stephens, 13(d) of the Exchange Act, for the 3 In 1980, Stephens and Mr. Stephens also sought and received relief from the Commission removing directly and through its subsidiaries, purpose of acquiring, holding or a bar arising from the 1978 Injunction on their engages in a broad-based merchant and disposing of the common stock of ability to rely on Regulation A under the Securities investment banking business. Stephens Act of 1933. Letter from George A. Fitzsimmons, Holding Company (‘‘Stephens 1 Mr. Stephens is a registered representative with Secretary. SEC to Larry W. Burks (Nov. 17, 1980). 4 Holding’’), a wholly owned subsidiary SI and would be considered an employee and Advisers Act Release No. 1666 (Sept. 16, 1997). associated person of SI. 5 Letter of Acceptance, Waiver and Consent No. of Stephens, owns SI, a broker-dealer 2 SEC. v. BCCI, et al. (U.S.D.Ct., D.C. Mar. 18, C059600 (Oct. 14, 1996). registered under the Securities 1978) (Final Judgment of Permanent Injunction and 6 In the Matter of Stephens, Inc., No. E–94–108 Exchange Act of 1934 (‘‘Exchange Act’’) Other Equitable Relief). (Feb. 16, 1995) (settlement order).

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Stephens’ investment advisory or fund- section 9(a); that he reasonably believes involved in SI’s business of providing related activities. that the policies and procedures have services to funds, and requires been fully implemented; and that the applicants to develop appropriate Applicants’ Legal Analysis policies and procedures are designed procedures. 1. Section 9(a) of the Act, in relevant reasonably to prevent violations of 9. Applicants also assert that their part, prohibits a person who has been section 9(a) by SI and its affiliated conduct has been such as not to make enjoined from engaging in or continuing persons. it against the public interest or the any conduct or practice in connection 5. Applicants state that the protection of investors to grant the with the purchase or sale of a security prohibitions of section 9(a) as applied to exemption from section 9(a). Applicants from acting, among other things, as a them would be unduly and is note that over 20 years have passed principal underwriter or investment proportionately severe. Applicants since the 1978 Injunctions. Applicants adviser for a registered investment assert that SI’s ability to act as a also note that the 1978 Injunction did company. Applicants state that, as result principal underwriter to the Bank Funds not in any way involve fund-related of the 1978 Injunction, Stephens and and as a subadviser to the Subadvised activities. Applicants further state that Mr. Stephens may be prohibited by Fund would result in the Funds and since the 1978 Injunction, neither SI nor section 9(a) from serving underwriter or their shareholders facing potentially any affiliated persons of SI has engaged investment adviser to funds. severe hardships. Applicants state that in conduct that would result in 2. Section 9(c) of the Act provides the the Bank Funds would incur significant disqualification under section 9(a) of the Commission shall grant an application time, effort and expense to replicate the Act. for an exemption from the extensive selling network established by 10. Applicants assert that SI has disqualification provisions of section SI, and the disruption may have a implemented policies and procedures 9(a) if it is established that these significant effect on the management designed to improve its securities law provisions, as applied to the applicant, and expense ratios of the Bank Funds. compliance. In addition, SI represents are unduly or disproportionately severe Applicants also state that the that it is taking, or has taken, the or that the conduct of applicant has Subadvised Fund would face similar following specific actions. To the extent been such as not to make it against the consequences if required to change the certain of these actions have not been public interest or the protection of subadviser. Applicants assert that completed yet, SI represents that they investors to grant the application. representatives of the Band Funds and will be completed as soon as 3. Applicants seek a permanent order the Subadvised Funds have expressed practicable. under section 9(c) with respect to the satisfaction with the services provided a. Review and Modification of 1978 Injunction to permit SI to continue by SI and a desire that SI continue to Compliance Policies and Procedures. to serve as principal underwriter and provide the services. The Legal and Compliance Departments investment adviser to funds, including 6. Applicants state that the boards of are in the process of reviewing and the Bank Funds and the Subadvised directors, including the disinterested updating SI’s existing compliance policies and procedures, including Fund.7 As noted above, applicants state directors, of the Bank Funds and the policing and procedures related to its that they did not seek an order under Subadvised Funds (‘‘Boards’’) have been mutual fund distribution, section 9(c) around the time of 1978 apprised of Stephens’s section 9(a) administration and advisory operations. Injunction because SI did not begin to violation. Applicants represent that the As part of this review, as appropriate, engage in any fund-related activities Boards have determined that retaining new policies and procedures are being until 1988. Applicants also state that SI as a principal underwriter (in the designed and implemented; unneeded they did not become aware of the case of Bank Funds) or as a subadviser (in the case of the Subadvised Fund) is policies and procedures are being section 9(a) violation until late in the best interests of the Funds and eliminated; and any inconsistencies November 1998, when the violation was their shareholders. Applicants further among existing policies and procedures discovered by counsel in preparation represent that the boards of directors of are being eliminated. The compliance from the Bank Funds Merger. the funds with which certain of the policies and procedures are being 4. SI has undertaken to develop Bank Funds are expected to merge consolidated into ‘‘user-friendly’’ procedures designed to prevent considered the 1978 Injunction in manuals or LAN based systems violations of section 9(a) by SI and its determining whether to approve the (‘‘Compliance Manuals’’). Checklists, affiliated persons. Further, SI’s general proposed mergers. guidelines, worksheets, closing counsel has attested that he has 7. Applicants assert that if SI were certificates and similar documents are reviewed SI’s compliance policies and prohibited from providing services to being prepared to guide operating and procedures relating to compliance with the Bank Funds and the Subadvised compliance personnel in following Fund, the effect on SI’s business and compliance policies and procedures and 7 On February 5, 1999, the Commission simultaneously issued a notice of the filing of the employees would be severe. Applicants in documenting compliance. SI is in the application and a temporary conditional order state that SI has committed substantial process of filling a newly-created exempting applicants from section 9(a) of the Act resources over the past 10 years to compliance position, that will involve until April 5 1999. Stephens Groups, Inc., et al., establishing expertise in servicing overseeing particular policies and Investment Company Act Release No. 23682 (Feb. 5, 1999). On April 2, 1999, the Commission issued funds, has developed extensive selling procedures and ensuring that they are an order extending the temporary exemption until networks, and has over 80 employees implemented and followed. August 5, 1999. In the Matter of Stephens Group dedicated to providing fund distribution b. Reporting and Periodic Review. SI Inc., et al., Investment Company Act Release No. and subadvisory services. has adopted procedures that require its 23769 (Apr. 2, 1999). On August 5, 1999, the Commission issued an order extending the 8. Applicants state that Mr. Stephens Legal and Compliance Departments to temporary exemption until the date on which the has at no time in the past been involved report to senior management of SI and Commission takes final action on the application in SI’s fund-related activities and will its board of directors at regular intervals for a permanent order exempting applicants from not be involved in that business in the on the compliance program. These section 9(a) of the Act or, if earlier, November 5, 1999. In the Matter of Stephens Group Inc., et al., future. Applicants also note that one of policies require the Legal and Investment Company Act Release No. 23935 (Aug. the conditions to the requested relief Compliance Departments, with the 5, 1999). provides that Mr. Stephens will not be assistance of outside counsel and

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Description of the Proposal The Compliance Manuals will be has complied with its compliance promptly updated to reflect any procedures and policies in all material The Association is proposing (i) to necessary changes resulting from these respects (and that any known material create a dispute resolution subsidiary, reviews. deviations from these policies and NASD Dispute Resolution, Inc. (‘‘NASD c. Compliance Documentation. SI is in procedures, and any series of like Dispute Resolution’’), to handle dispute the process of adopting procedures to deviations that in the aggregate are resolution programs; (ii) to adopt by- document, on an ongoing basis, the material, have been documented in SI’s laws for the subsidiary; and (iii) to make procedures to be followed by records), and that the procedures and conforming amendments to the Plan of Compliance Department personnel in policies continue to be reasonably Allocation and Delegation of Functions performing particular functions; the designed to ensure SI’s compliance with by NASD to Subsidiaries (‘‘Delegation actions to be taken by Compliance the federal securities laws. The Plan’’), the NASD Regulation By-Laws, Department personnel as a result of certification will be delivered to the and the Rules of the Association. following the procedures; and the Commission to be attention of the A. Background actions to be taken by Legal and Assistant Director, Office of Investment Compliance Department personnel and Company Regulation, Division of The Association’s arbitration and management to enforce the compliance Investment Management, within 60 days mediation programs were operated by policies and procedures. These policies of the end of SI’s fiscal year. A copy of the NASD Arbitration Department until will require compliance documentation the certification will be maintained as 1996, when those functions were moved to be prepared in a manner to facilities part of the permanent records of SI and to NASD Regulation following a regulatory review of the factual a copy of each certification will be corporate reorganization. This background of the transactions or delivered to the board of directors of reorganization in part grew out of matters at issue, as well as the actions each fund for which SI serves as recommendations of a Select Committee taken by SI’s personnel. distributor, underwriter, administrator formed by the NASD and made up of d. Compliance Training. SI has or investment adviser. individuals with significant experience commenced, and will continue to in the securities industry and NASD By the Commission. conduct, training on a firm-wide and governance (‘‘the Rudman Margaret H. McFarland, 5 departmental basis to ensure that its Committee’’). The Rudman Committee employees understand the purposes and Deputy Secretary. reviewed the Association’s arbitration functions of the compliance policies [FR Doc. 99–26792 Filed 10–13–99; 8:45 am] and mediation programs from December and procedures. BILLING CODE 8010±01±M 1994 through August 1995. The Rudman e. Professional Conduct Program. SI Report was issued in September 1995. has developed, and is in the process of In September 1994, the NASD adopting, a professional conduct code SECURITIES AND EXCHANGE established the Arbitration Policy Task and supporting infrastructure, including COMMISSION Force, headed by David S. Ruder, former the assignment of senior management [Release No. 34±41971; File No. SR±NASD± Chairman of the SEC (‘‘the Ruder Task and Legal Department personnel to 99±21] Force’’), to study NAD arbitration and design, implement and oversee SI’s recommend improvements. The Ruder professional conduct program Self-Regulatory Organizations; Order Task Force, composed of eight persons (‘‘Professional Conduct Program’’). Approving a Proposed Rule Change by with various backgrounds in the area of Under the Professional Conduct the National Association of Securities securities arbitration, met from the Fall Program, SI will conduct Dealers, Inc. To Create a Dispute of 1994 to January 1996, when its Report 6 comprehensive yearly professional Resolution Subsidiary was issued. Both the Rudman Committee and the conduct training. SI is in the process of September 30, 1999. implementing employee assistance Ruder Task Force made On April 26, 1999, the National recommendations that affected the procedures, that will be administered by Association of Securities Dealers, Inc. third-party vendors and senior Legal arbitration program. The Rudman (‘‘NASD’’ or ‘‘Association’’), through its Committee recommended that the Department personnel, to answer wholly owned regulatory subsidiary, employee questions and address NASD reorganize as a parent NASD Regulation, Inc. (‘‘NASD corporation with two relatively grievances. Once the Professional Regulation’’), submitted to the Conduct Program is adopted, SI will autonomous and strong operating Securities and Exchange Commission subsidiaries, independent of one conduct periodic review and evaluation (‘‘Commission’’), pursuant to section of the program with a view to enhancing another. The resulting enterprise would 19(b)(1) of the Securities Exchange Act consist of NASD, Inc., as parent, The and strengthening it. 1 of 1934 (‘‘Act’’) and Rule 19b–4 Nasdaq Stock Market, Inc. (‘‘Nasdaq’’) as Applicant’s Conditions thereunder,2 a proposed rule change to create a dispute resolution subsidiary. Applicants agree that the following 4 Letter from Stephen G. Sneeringer, Chairman of The proposed rule change was the Arbitration Committee, SIA, to Jonathan G. conditions may be imposed in any order published for comment in the Federal Katz, Secretary, Commission, dated July 8, 1999 granting the requested relief: Register on June 17, 1999.3 The (‘‘SIA Letter’’). 1. Mr. Stephens will not be involved 5 Commission received one comment Report of the NASD Select Committee on in SI’s business of providing services to Structure and Governance to the NASD Board of register investment companies. Governors (September 1995) (‘‘Rudman Report’’). 1 15 U.S.C. 78s(b)(1). 6 Report of the Arbitration Policy Task force to the Applicants will develop procedures 2 17 CFR 240.19b–4. Board of Governors National Association of designed reasonably to assure 3 See Securities Exchange Act Release No. 41510 Securities Dealers, Inc. (January 1996) (‘‘Ruder compliance with this condition. (June 10, 1999), 64 FR 32575. Report’’).

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This language presently applies to resolution program be housed either in services, and technology will be shared awards obtained in the NASD the parent or in NASD Regulation.8 The with the NASD and other subsidiaries to Regulation forum, because that forum Arbitration Department was placed in avoid duplication. The new subsidiary applies rules and procedures that are NASD Regulation in early 1996 based will be charged for the cost of those ultimately approved by the NASD. This on the recommendation of the Rudman functions as it presently is. will also be the case for NASD Dispute Committee,9 and the name of the Funding for the new subsidiary will Resolution. Enforcement of the Code department was changed to the Office of be handled in much the same way as will continue to be handled by NASD Dispute Resolution (‘‘ODR’’) shortly presently handled for ODR, which is not Regulation. thereafter, to reflect the full range of self supporting. Fees received from As is the case with actions by NASD dispute resolution mechanisms. parties who use the arbitration and Regulation, actions by the NASD The NASD believes that ODR has mediation programs are not sufficient to Dispute Resolution Board may be established credibility as a neutral fund the Office’s regular actitivies. referred by that board to the NASD forum that is fair to all parties and has Rather, as a part of NASD Regulation, Board, or reviewed by the NASD Board, gained acceptance by investor groups. ODR shares in the revenue stream of the as provided in the proposed However, because there are significant NASD and its affiliated entities, which amendments to the Delegation Plan.12 differences between the disciplinary includes revenue derived from member Thus, the rules of NASD Dispute role of NASD Regulation and the assessments, various fees and charges, Resolution will be the rules of the sponsorship of a neutral forum for the disciplinary fines, and other sources of Association, just as rules approved resolution of dispute between members, income. In return, ODR is charged for currently by the other subsidiaries and associated persons, and customers, the services that it receives from the other subject to NASD Board review are NASD believes that creation of a corporations in the enterprise as deemed to be NASD rules. NASD separate dispute resolution entity will described above. Apart from accounting Regulation has formed a working group further strengthen the independence changes to reflect the new subsidiary’s with representatives from various and credibility of its arbitration and status, the funding process for the new departments to ensure a smooth mediation functions. A new dispute subsidiary will be the same as that for transition. ODR. ODR employees will continue in resolution subsidiary should benefit B. Description of Proposed Amendments from the perception that it is separate the same positions in the new and distinct from other NASD entities. subsidiary, and the physical offices will The Association proposes to amend The new subsidiary will be subject to not move. the Delegation Plan to add references to the same SEC oversight as other parts of The NASD proposes a five-person the new subsidiary and to move the the NASD enterprise, which includes Board for NASD Dispute Resolution, arbitration and mediation functions regular inspections by the Commission consisting of three non-industry and from NASD Regulation to NASD and the need to file all by-laws and rule two industry directors, as those terms Dispute Resolution. Therefore, changes with the SEC. In addition, the are defined in Article I of the proposed references to the delegations of new subsidiary will remain subject to By-Laws. The Chief Executive Officer of authority to the subsidiaries and the inspections by the General Accounting the NASD will be an ex-officio non- rulemaking decisions of the subsidiaries Office (‘‘GAO’’), which performs audits voting member of the Board. The non- have been amended to include at the request of Congress. industry directors would include at references to NASD Dispute Resolution. The NASD proposes to call the new least two persons who also are members As is the case for NASD Regulation and subsidiary NASD Dispute Resolution, of the NASD Board of Governors Nasdaq, actions of the new subsidiary Inc. Together with NASD Regulation, (‘‘NASD Board’’), and an additional Board will be subject to review by the the two subsidiaries will form the NASD person knowledgeable in the dispute NASD Board, and rule filings will be Regulatory and Dispute Resolution resolution field. At least one of the non- made by the new subsidiary on behalf Group. Both the NASD directly, and industry directors also will qualify as a of the NASD. NASD Regulation, indirectly, will be public director, as defined in the By- The description of the National responsible for the actions of NASD Laws. One industry director would be a Arbitration and Mediation Committee Dispute Resolution. Because NASD member of the NASD Board; the other (‘‘NAMC’’) in the Delegation Plan has been moved from the section delegating Dispute Resolution performs its would be the President of the new authority to NASD Regulation to a new functions through authority delegated subsidiary. The NASD Board would NASD Dispute Resolution section. A by the NASD, the NASD is responsible elect the directors, as is done for the for proper performance of such boards of the other subsidiaries. 11 The NASD Regulation Board of Directors functions. Indirectly, NASD Regulation The procedures currently in place for disciplining members and associated recently approved an amendment to this will be responsible for enforcing Interpretive Material that would add, ‘‘or other compliance with decisions rendered by persons for noncompliance with dispute resolution forum selected by the parties.’’ NASD Dispute Resolution concerning arbitration awards will be largely the See Securities Exchange Act Release No. 41339 (April 28, 1999), 64 FR 23887 (May 4, 1999). This NASD members.10 same. The Code of Arbitration Procedure (‘‘Code’’), in IM–10100, proposal was filed as a non-controversial filing. The Staffing for NASD Dispute Resolution NASD designated May 17, 1999 as the effective date will be the same as ODR, except for the provides that the failure of a member or of the proposal. creation of a President position. Certain associated person to comply with an 12 the Delegation Plan was amended in 1997, arbitration award obtained in together with related By-Laws changes designed to allow the NASD Board to take action on its own 7 connection with an arbitration Rudman Report at R–8. initiative rather than waiting for a subsidiary to act 8 Ruder Report at 151–52. submitted for disposition pursuant to on the matter. See Securities Exchange Act Release 9 Rudman Report at R–8. the procedures specified by the NASD, No. 39326 (Nov. 14, 1997), 62 FR 62385 (Nov. 21, 10 See Section A.1.f. of the Delegation Plan. other self-regulatory organizations, or 1997).

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The term ‘‘of appoint a non-director to a committee, between industry and non-industry Arbitration’’ will be added after one because this power is implied but not members. It may be desirable, however, instance of the word ‘‘Director’’ to specifically stated in the preceding to have an odd number of members on distinguish it from the Director of paragraphs of Section 4.13. the NAMC to avoid tie votes. Therefore, Mediation. In addition, the reference to II. Comments the provision has been amended to state the ‘‘Board of Governors’’ has been that the NAMC shall have at least 50% changed to ‘‘NASD Dispute Resolution The Commission received one non-industry members. This provides Board’’ to reflect the new structure. comment letter from the SIA,14 which additional flexibility while maintaining Rule 10404 will be amended to opposed the proposed rule change. The a minimum of half non-industry change the term ‘‘NASD’’ to SIA disagreed with (i) the proposed members, in accordance with the spirit ‘‘Association’’ to be more inclusive in composition of the NASD Dispute of the Delegation Plan. this instance because, as described Resolution Board; (ii) the proposed The Association proposes to amend above, the term ‘‘Association’’ refers to composition of the NAMC; and (iii) the the NASD Regulation By-Laws to add the entire self-regulatory organization manner in which fees will be imposed references to NASD Dispute Resolution including subsidiaries. by NASD Dispute Resolution. in the definitions sections.13 The proposed NASD Dispute The SIA had three concerns about the Rule 0120(b) will be amended to Resolution By-Laws are modeled after composition of the NASD Dispute clarify that the term ‘‘Association’’ those of NASD Regulation, with certain Resolution Board. First the SIA stated collectively means the NASD and its modifications, described below, that industry and non-industry subsidiaries that are considered part of appropriate to the particular functions representation should be equal. Second, the self-regulatory organization: that is, of NASD Dispute Resolution. For the SIA noted that it is inappropriate to the NASD, NASD Regulation, Nasdaq, example, NASD Dispute Resolution will consider the president of NASD Dispute and NASD Dispute Resolution. not require that a committee other than Resolution as an industry Rule 10102(a) of the Code of the NAMC review all rulemaking representative. Third, the SIA stated Arbitration procedure will be amended proposals. Standard provisions allowing that the proposed compositional to clarify that the new NASD Dispute for the appointment of an Executive breakdown might permit the NASD Resolution Board will appoint members Committee and a Finance committee Dispute Resolution Board to be of the NAMC and name its chair. In have been included for flexibility, dominated by claimants’ lawyers. The addition, Rule 10102(a) will be although it is not immediately expected SIA recommended that the Commission amended to replace the phrase ‘‘a pool that such committees will be needed. exclude from the definition of Non- of arbitrators’’ with the more accurate Proposed Article IV, Section 4.2 sets Industry ‘‘anyone who provides phrase ‘‘rosters of neutrals,’’ since the the number of Board members at five to professional legal services to investor- current rosters include both arbitrators eight although, as stated above, the claimants and whose revenues in that and mediators (collectively referred to intention initially is to have only five regard constitute more than 20% of his as ‘‘neutrals’’). Board members. In addition, the Chief or her gross annual revenue.’’ 15 Rule 10102(b) will be amended to Executive Officer of the NASD will be Similarly, the SIA expressed concern conform to current practice, in which an ex-officio non-voting member of the about the proposed composition of the the NAMC recommend to the Board Board. Proposed Section 4.3(a) provides NAMC. It stated its position that certain rules and procedures to govern that the number of non-industry industry and non-industry the conduct of arbitration and mediation directors shall equal or exceed the representation on the NAMC should be matters, and does not unilaterally make number of industry directors plus the equal rather than at least 50 percent such changes. The rule currently President. This means that the President non-industry. The SIA stated that the authorizes the NAMC to establish these is treated as an industry director for this ‘‘amorphous concern that they may be a rules and procedures. In addition, the purpose. The other industry director tie vote * * * does not outweigh the phrase ‘‘NASD Dispute Resolution’’ has and at least two of the non-industry more paramount concern that the been added before ‘‘Board’’ to clarify directors also will be sitting members of representation on the NAMC be truly that recommendations will be made to the NASD Board. This overlapping balanced between Industry and Non- that Board. As noted above, actions of membership provides stability and Industry representatives.’’ 16 the new subsidiary board will be subject uniformity among the corporations. At In addition to the composition of the to review by the NASD Board. least one of the non-industry directors NAMC and the NASD Dispute Rule 10401 will be amended to also will qualify as a public director. Resolution Board, the SIA commented replace the phrase ‘‘by the Association’’ The proposed By-Laws define ‘‘Public on the manner in which fees will be with regard to designation of the Director’’ as a director who has no imposed under the proposed rule Director of Mediation and replace it material business relationship with a change. The SIA objected to the with ‘‘by the NASD Dispute Resolution broker or dealer or the NASD, NASD dichotomy between fees affecting Board,’’ and to delete ‘‘Association’s’’ as Regulation, Nasdaq, or NASD Dispute members and those affecting non- a modifier of ‘‘National Arbitration and Resolution. The By-Laws define ‘‘Non- members. Under the proposed rule Mediation Committee.’’ Although the Industry Director’’ as a director change, the NASD Board must ratify any (excluding the President) who is (1) a rule change adopted by the NASD 13 The NASD also intends to review the NASD public director or public committee and Nasdaq By-Laws and other corporate governance documents to identify other appropriate member; (2) an officer or employee of an 14 See supra, note 4. amendments recognizing the formation of NASD issuer of securities listed on Nasdaq or 15 SIA Letter at 4. Dispute Resolution. Amex, or traded in the over-the-counter 16 SIA Letter at 4–5.

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Dispute Resolution Board that imposes Commission believes that separating the other charges on NASD members do not fees or other charges on person or dispute resolution role from the require ratification by the NASD Board. entities other than NASD members. Rule disciplinary role of NASD Regulation The Commission also notes that fee changes that impose fees on NASD will result in a more neutral and proposals must be submitted for members do not require NASD Board independent forum for the resolution of Commission review under Rule 19b–4 ratification. The SIA stated that industry disputes between members, associated under the Act. In addition, any member participants ‘‘should have the persons, and customers. The of the NASD Board may call an action opportunity to participate in critical Commission also expects the NASD to of a subsidiary for review at the next decisions that will impact their business ensure that NASD Dispute Resolution is NASD Board meeting following the and their bottom line—such as fee adequately funded and able to fulfill its subsidiary’s action. The Commission increases related to the arbitration responsibilities. believes these measures provide an system.’’ 17 In its comment letter, the SIA stated adequate safeguard against unreasonable NASD Regulation responded to the that industry and non-industry fees being levied against NASD SIA’s concerns about the proposed representation on the NASD Dispute members. composition of the NASD Dispute Resolution Board and the NAMC should Finally, the Association represents Resolution Board, the proposed be equal and that the President of NASD that funding for the new subsidiary will composition of the NAMC, and the Dispute Resolution should not be be handled in much the same way as manner in which fees will be imposed considered an industry representative. funding for ODR was accomplished. The 18 by NASD Dispute Resolution. First, The Commission notes that NASD new subsidiary will share in the with respect to the composition of the Dispute Resolution’s Board structure is revenue stream of the NASD and its NASD Dispute Resolution Board, NASD modeled after NASD Regulation’s affiliated entities, which includes Regulation noted that this proposal is structure. Nasdaq also requires a revenue derived from member consistent with NASD Regulation’s majority of non-industry directors on its assessments, various fees and charges, bylaws, which require a majority of non- Board. Moreover, the Presidents of both disciplinary fines, and other sources of industry members on its Board and its NASD Regulation and Nasdaq are income. As the new subsidiary is President and Nasdaq’s President are counted as industry participants for implemented, we expect the NASD to also counted as industry participants for board composition and quorum commit to ensuring that NASD Dispute compositional and quorum requirements. The Commission believes Resolution continues to be properly requirements.19 Second, with respect to that it is reasonable to extend this funded to carry out all its the composition of the NAMC, NASD structure to NASD Dispute Resolution. responsibilities. Regulation noted that the NAMC’s The SIA also stated that the NASD recommendations are only advisory and Dispute Resolution Board may include IV. Conclusion that rule changes and major policy too many claimants’ lawyers, thus It Is Therefore Ordered, pursuant to changes must be presented to the NASD permitting domination by a single section 19(b)(2) of the Act,25 Dispute Resolution Board for final NASD Dispute Resolution constituency. that the approval.20 Third, with respect to NASD The Commission disagrees, noting that proposed rule change (SR–NASD–99– Dispute Resolution’s authority to at least two of the non-industry 21) is approved. directors will come from the NASD For the Commission, by the Division of impose fees on NASD members without Market Regulation, pursuant to delegated prior review and ratification by the Board. As characterized by the SIA in its authority.26 comment letter, the current non- NASD Board, NASD Regulation noted Margaret H. McFarland, that fee proposals must be submitted for industry members of the NASD Board Deputy Secretary. Commission review and that the NASD are senior executives from major may, on its own initiative, review any corporations with no particular [FR Doc. 99–26793 Filed 10–13–99; 8:45 am] action of its subsidiaries.21 affiliation with the securities industry. BILLING CODE 8010±01±M Moreover, if NASD Dispute Resolution III. Discussion has a five member Board, only one non- The Commission finds that the industry director may be chosen from proposed rule change is consistent with outside the NASD Board. While that SMALL BUSINESS ADMINISTRATION section 15A(b) of the Act 22 in general director should be knowledgeable in the and furthers the objectives of section dispute resolution field, the universe of [Declaration of Disaster #3220] 15A(b)(6) 23 in particular, in that it is potential candidates is not limited to designed to prevent fraudulent and claimants’ lawyers. Indeed, it is likely State of Florida; Amendment #1 manipulative acts and practices, to that the remaining non-industry promote just and equitable principles of position would be filled by a practicing The above-numbered declaration is trade, and to protect investors and the arbitrator, a mediator, or an academic. hereby amended to include Marion public interest.24 Specifically, the Accordingly, the Commission does not County, Florida as a contiguous county believe that there is an undue risk that as a result of damages caused by 17 SIA Letter at 5. the NASD Dispute Resolution Board Hurricane Floyd that occurred 18 Letter from Jean I. Feeney, Assistant General will be dominated by an single September 13–15, 1999. Counsel, NASD Regulation, to Richard C. Strasser, constituency of the new subsidiary. All other information remains the Assistant Director, Commission, dated August 11, same, i.e., the deadline for filing 1999. The SIA also stated that the NASD 19 Id. at 2. Board should be required to ratify rule applications for physical damage is 20 Id. at 4. changes adopted by the NASD Dispute November 26, 1999 and for economic 21 Id. Resolution Board if the rule change injury the deadline is June 27, 2000. 22 15 U.S.C. 78o–3(b). imposes fees or other charges on NASD (Catalog of Federal Domestic Assistance 23 15 U.S.C. 78o–3(b)(6). members as well as those affecting non- Program Nos. 59002 and 59008) 24 In approving this rule, the Commission has considered the proposed rule’s impact on members. The Commission notes that efficiency, competition, and capital formation. 15 rule changes by the NASD Regulation 25 15 U.S.C. 78s(b)(2). U.S.C. 78c(f). and Nasdaq Boards imposing fees or 26 17 CFR 200.30–3(a)(12).

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Dated: October 4, 1999. Therefore, comments and compensation payments and Aida Alvarez, recommendations regarding the determining payment accuracy. The Administrator. information collections would be most respondents are a random sample of [FR Doc. 99–26784 Filed 10–13–99; 8:45 am] useful if received by the Agency within beneficiaries receiving disability BILLING CODE 8025±01±P 60 days from the date of this benefits with workers compensation publication. Comments should be offset. directed to the SSA Reports Clearance Number of Respondents 200. Officer at the address listed at the end Frequency of Response 1. SOCIAL SECURITY ADMINISTRATION of the notices. You can obtain a copy of Average Burden Per Response 10 Agency Information Collection the collection instruments by calling the minutes. Activities: Proposed Request SSA Reports Clearance Officer on (410) Estimated Annual Burden 33 hours. 965–4145, or by writing to him. 2. Payee Interview, SSA–835; In compliance with Public Law 104– 1. Worker Compensation Letter, SSA– Beneficiary Interview, SSA–836; 13, the Paperwork Reduction Act of L1708; Worker Compensation Custodian Interview, SSA–837–0960– 1995, SSA is providing notice of its Questionnaire, SSA–1708–0960–NEW. 0588. SSA is conducting a three-tier information collections that require A review of SSA records revealed that review process of the representative submission to the Office of Management beneficiaries receiving disability payee program. As part of this review and Budget (OMB). SSA is soliciting benefits, who were first placed in process, SSA will conduct interviews comments on the accuracy of the workers compensation offset, have an with title II Disability Insurance and agency’s burden estimate; the need for extremely high potential for payment title XVI Supplemental Security Income the information; its practical utility; error, because an increase in or recipients and their representative ways to enhance its quality, utility and expiration of workers compensation was payees. The information obtained on the clarity; and on ways to minimize burden not reported for/by such beneficiaries. interview forms will be used to assess on respondents, including the use of Therefore, SSA is proposing to test a the effectiveness of the policies and automated collection techniques or new form that collects information on procedures that govern the other forms of information technology. changes in WC status. The information postentitlement selection and The information collections listed collected will be used to evaluate appointment of the approximately 7 below will be submitted to OMB within whether this is an effective method of million payees in the title II and title 60 days from the date of this notice. detecting changes in workers XVI programs.

SSA±835 SSA±836 SSA±837

Number of Respondents ...... 1,000 500 190 Frequency of Response ...... 1 1 1 Average Burden Per Response (Minutes) ...... 20 15 10 Estimated Annual Burden (Hours) ...... 333 125 32

Social Security Administration, individuals. It is essential that the period of 5 years, contingent upon a DCFAM, Attn: Frederick W. nation invest in research designed to successful annual review process, Brickenkamp, 6401 Security Blvd., 1– examine the disability programs and continued funding availability and A–21 Operations Bldg., Baltimore, MD ensure that these programs are designed continued relevance to SSA initiatives. 21235. effectively to improve the lives of The grantee is strongly encouraged to Dated: October 7, 1999. disabled Americans. The Social Security collaborate with SSA’s and other Frederick W. Brickenkamp, Administration plans to establish a government-related research and Disability Research Institute (DRI). This development activities to avoid Reports Clearance Officer, Social Security Administration. institute would help fill the need for duplication of research. After award, SSA will help identify such activities [FR Doc. 99–26729 Filed 10–13–99; 8:45 am] more extensive research in the disability area for policymakers around the and their funding agencies and facilitate BILLING CODE 4191±02±P country. The DRI is an important any collaboration as necessary. initiative on the part of SSA’s Office of PURPOSE: This announcement seeks SOCIAL SECURITY ADMINISTRATION Policy to strengthen the Agency’s applications to establish a DRI that will research capacity since it became serve as a national resource fostering Disability Research Institute Request independent in 1995. high quality research, communication, for Applications (RFA) (Program Authorized under section 1110 of the and education. The Institute’s program Announcement No. SSA±ORES±00±1) Social Security Act, SSA announces the purpose is to benefit the public through four tasks: AGENCY: The Office of Research, solicitation of applications for a Evaluation, and Statistics (ORES), Office cooperative agreement to create a DRI in (1) Research and evaluation. The DRI of Policy, Social Security order to inform the public and will be expected to plan, initiate, and Administration (SSA). policymakers about disability policy maintain a research program of higher caliber. There will be special emphasis ACTION: Request for applications for a alternatives and their consequences. on research that will inform the debate cooperative agreement to establish a Initially, we anticipate the Institute will on disability policy. Disability Research Institute (DRI). be one, university-based, multi- disciplinary center. The Institute will (2) Dissemination. The DRI will SUMMARY: The Social Security have an annual budget consisting of develop resources to inform the Administration’s disability programs $1.25 million for the first year and $1 academic community, policymakers, play a vital role in society, paying million per year for subsequent years. and the public on issues concerning benefits to over 8 million disabled SSA expects to fund this Institute for a disability policy.

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(3) Training and education. The DRI B. Components of a Complete Application supported during future fiscal years at will develop a professional training C. Application Submission an annual level of $1 million. program including, but not limited to, D. Notification 4. The Institute should prepare a five- graduate and postgraduate education; Part I—Supplementary Information year proposal with a maximum budget intramural exchanges and formal of $5.25 million. instruction of policymakers which A. Eligible Applicants 5. Additional funds up to $1 million focuses on the issues of disability SSA seeks applications from domestic per year may become available from policy. universities or other post-secondary SSA and/or other Federal agencies (4) Facilitation of data usage. The DRI degree granting entities. For-profit (through co-funding) in support of the will facilitate research using SSA organizations may apply with the Institute’s projects. administrative data. understanding that no cooperative 6. Initial awards, pursuant to this DATES: The closing date for submitting agreement funds may be paid as profit announcement, will be made on or applications under this announcement to any cooperative agreement recipient. about April 11, 2000. is January 12, 2000. Profit is considered as any amount in 7. The awardee shall share in the cost FOR FURTHER INFORMATION CONTACT: To excess of the allowable costs of the of the project. SSA will not provide total request an application kit, and for award recipient. funding to the Institute. Recipients of an general (nonprogrammatic) information In accordance with an amendment to SSA cooperative agreement are required regarding the announcement or the Lobbying Disclosure Act, popularly to contribute a non-Federal match of at application package contact: E. Joe known as the Simpson-Craig least 5 percent toward the total Smith, Grants Management Officer, Amendment, those entities organized approved cost of the project. The total SSA, Office of Acquisition and Grants, under section 501(c)4 of the Internal approved cost of the project is the sum Grants Management Team 1–E–4 Revenue Code that engage in lobbying of the Federal share (maximum of 95 Gwynn Oak Building, 1710 Gwynn Oak are prohibited from receiving Federal percent) and the non-Federal share Avenue, Baltimore, Maryland 21207– cooperative agreement awards. (minimum of 5 percent). The non- 5279. The fax number is (410) 966– Federal share may be cash or in-kind B. Type of Award 9310. The telephone numbers are E. Joe (property or services) contributions. Smith, (410) 965–9503 (e-mail: All awards made under this program Although one award is anticipated, [email protected]), or Dave Allshouse, will be made in the form of cooperative nothing in this announcement restricts (410) 965–9262 (e-mail: agreements. A cooperative agreement, as SSA’s ability to make more than one [email protected]), or Gary opposed to a grant, anticipates award, to make an award of lesser Stammer, (410) 965–9501 (e-mail: substantial involvement between SSA amount, or to add additional entities, [email protected]). For information and the awardee during the performance institutions or universities to the on the program content of the of the project. A comprehensive annual Disability Research Institute in the announcement/application, contact: review process will allow SSA to future. Paula Laird, Project Officer, SSA, ORES, evaluate, recommend changes, and D. Letter of Intent 6401 Security Blvd., 4–C–15 Operations approve the Institute’s activities. This Building, Baltimore, Maryland 21235. involvement may include collaboration Prospective applicants are asked to The fax number is (410) 965–3308. The or participation by SSA in the activities submit by November 29, 1999, a letter telephone numbers are (410) 965–9243 of the Institute as determined at the time of intent that includes (1) this program (e-mail: [email protected]), or Nelson of award. The terms of award are in announcement number and title; (2) a Rambath, Alternate Project Officer, (410) addition to, not in lieu of, otherwise brief description of the proposed 965–2396 (e-mail: applicable guidelines and procedures. Institute; (3) the name, postal and e-mail [email protected]). addresses, and the telephone and fax C. Availability and Duration of Funding numbers of the Institute’s Director; and Table of Contents 1. ORES has available $1.25 million to (4) the identities of the key personnel Part I—Supplementary Information fund the initial 12-month budget period and participating institutions. The letter A. Eligible Applicants of a proposed five-year cooperative of intent is not required, is not binding, B. Type of Award agreement pursuant to this and does not enter into the review C. Availability and Duration of Funding announcement. (Additional funding up process of a subsequent application. The D. Letter of Intent to $1 million per year for related sole purpose of the letter of intent is to Part II—Establishment of a Disability projects, as requested by SSA, might allow SSA staff to estimate the potential Research Institute—Responsibilities of the become available from SSA for further review workload and avoid conflicts of Institute and the Federal Government support of the Institute selected under interest in the review. The letter of A. Priority Research Areas this announcement.) intent should be sent to: DRI Letter of B. Cooperative Agreement Responsibilities 2. Applicants must include separate Intent, Social Security Administration, 1. Institute Responsibilities budget estimates for each of the five Office of Research, Evaluation and 2. SSA Responsibilities years, if they expect funding levels to be Statistics, Division of Disability 3. Joint Responsibilities substantially different in subsequent Research, 6401 Security Blvd., 4–C–15 C. Special Requirements years. Operations Bldg., Baltimore, MD 21235. Part III—Application Preparation and 3. The amount of funds available for Part II—Establishment of a Disability Evaluation Criteria the cooperative agreement in future Research Institute—Responsibilities of A. Content and Organization of Technical years has not been established. the Institute and the Federal Application Legislative support for continued Government B. Review Process and Funding funding of the Institute cannot be C. Selection Process and Evaluation Criteria guaranteed and funding is subject to A. Priority Research Areas Part IV—Application Forms, Completion future appropriations and approval by The Institute should focus on several and Submission the Commissioner. SSA expects, themes or research areas directly A. Availability of Application Forms however, that the Institute will be relevant to developing or improving

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Research and evaluation The develop and conduct a research program payments, job accommodations, case Institute has a primary and lead directed towards people with management, etc.) that may influence responsibility to define objectives and disabilities that also appropriately the work patterns of persons with approaches and will be expected to balances development of training, disabilities; plan, initiate, and maintain a research information dissemination and data • The interaction of rehabilitation program of high caliber. It must meet usage facilitation activities. The and other support services (including the tests of social science rigor and research approach should relate, in Vocational Rehabilitation and objectivity. The research will use state- broad terms, to the Social Security Unemployment Insurance Benefits), the of-the-art research methodology and Disability Insurance (SSDI) and effects of individual motivation and the have practical application to timely Supplemental Security Income (SSI) availability of work on the decisions of disability policy issues. The program programs. The purpose of these persons with disabilities to maintain will strive for respect from the academic activities is to promote greater employment or to apply for SSDI and and policy communities (over a broad understanding of disability policy and SSI benefits; and range of the political spectrum) for its its current and future impact on youth, • scientific quality, fairness, and policy the working-aged and the near- Effectiveness of Vocational Rehabilitation (VR) services (e.g., the relevance. retirement aged segments of the The research program should include best point in time during the course of disabled populations. The research supporting the work of members of the disability to provide VR, usefulness and should address these individuals at all DRI staff and other affiliated shortcomings of VR in assisting persons socioeconomic levels, but with researchers. In addition, it should with disabilities to maintain their particular emphasis on the poor and the provide intellectual leadership in the current job or be retrained for new work, near poor. SSA has identified three national research community by awareness and utilization of VR services priority research areas within the realm establishing links with a broad range of by persons with disabilities, success of of disability policy on which applicants other scholars and organizations VR relative to disability diagnosis, etc.) should focus and applications will be through programs such as visiting and scored. These areas include: 3. The Interaction Between and postdoctoral appointments, research 1. The Interrelationship Between and Impact on: Medical, Functional and assistantships, and a limited program of Potential Impacts on: (1) Advancements Occupational Factors; and Disability nonresident grants, for example. in Technology and Medicine, (2) the Determinations for Purposes of Collaboration between the Institute and Requirements of Work, (3) the SSDI and Entitlement to SSDI and SSI Benefits SSA researchers is encouraged, as it is SSI Programs; and Persons with This includes, but is not limited to: with other organizations interested in Disabilities This includes, but is not • Current and future methods of disability policy. limited to: measuring function and comparisons The research program should include • Trends in the nature of disability between and future functional multi-disciplinary approaches to and the composition of the disabled requirements of work; increase understanding of the issues population (e.g., types of impairments, • Occupational demand constructs to beyond what is possible from analysis the extended reliance of disabled replace the Department of Labor’s within the framework of a single adolescents and adults on disability Dictionary of Occupational Titles, discipline. The staff would include income security programs and increases which is currently used to measure competency-relevant disciplines such as in the volume of disability benefit occupational demands in SSA’s economics, sociology, public health awards to younger persons); disability decision process; policy/administration, demography, • Changes in technology, the labor physiology, occupational taxonomy, • Characteristics of individuals with market and the nature of work; and the acturial science, labor management, etc. borderline and severe mental and potential effects of these changes on Planning and execution of the physical impairments who work; and work disability in the future; and research program shall always consider • • Types of assistance from public Barriers to employment for persons the policy implications of research programs that could be made available with mental impairments. findings. However, it also is to persons with disabilities to help them The Institute will develop and appropriate, for example, to engage in sustain a maximum level of disseminate knowledge about these and activities to make advances in research independence. related issues. SSA realizes competent techniques. SSA will form an internal 2. The Effects of Rehabilitation and analysis of all priority research areas technical Assistance Panel (See Part II, Other Support Services on: The may be beyond the capacity of any one SSA Responsibilities) to review and Proportion of Persons With Disabilities Institute and thus the Institute may wish concur with the research agenda and Who Continue Working or Reenter the to focus its resources and expertise on other DRI products to assure policy Workforce, and the Effects on the SSDI a subset of the areas listed above. relevance, utility, and scope. In and SSI Programs This includes, but is Similarly, the Institute may choose to addition, a group of nationally not limited to: concentrate on a few aspects of the recognized scholars and practitioners • Relationship of treatment (e.g., priority research areas more strongly (See Part II, Joint Responsibilities) shall improving functioning via social, than others. The goal of the Institute is periodically review the research agenda vocational, medical treatment; to address a range of objectives to assure its policy relevance, utility, compliance with prescribed treatment; discussed above without compromising and scope. identifying person who might benefit the overall quality of research in the Occasionally, Institute staff will be from appropriate treatment, etc.) to separate priority areas. expected to comment on SSA research

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In addition, the Institute Additionally, the Institute will conduct establishing broad research priorities, Director may be asked to aid in the training seminars for governement planning strategies, and deliverable development of SSA’s internal research analysts and policymakers on the dates to accomplish the objectives of priorities. Institute’s research findings and this announcement. SSA, or its b. Dissemination Making knowledge methodological advancements. Training representatives, will provide the and information available to the exchanges between the Institute and following types of support to the academic and policy communities, as government researchers should also be Institute: well as the public (both beneficiaries anticipated. a. Consultation and technical and contributors), is to be another To assure the quality of its research, assistance in planning, operating and integral feature of the Institute’s dissemination, and training, the evaluating the Institute’s program responsibilities. The DRI will facilitate Institute must establish and maintain a activities. SSA intends to form an the process of translating basic formal tie with a university, including internal Technical Assistance Panel that behavioral and social research theories links with appropriate departments will review and concur with all of the and findings into practical policy within that university. The Institute Institute’s submissions/deliverables alternatives. The Institute will be must have a major presence at a single prior to implementation and/or expected to maintain a dissemination site (university or city); however, publication. system of periodic newsletters, research alternative arrangements among entities b. Information about SSA programs, papers, academic and/or trade journal and with individual scholars are policies, and research priorities. articles, and occasional books. In encouraged and may be proposed. c. Assistance in identifying SSA addition, the Institute will be expected d. Facilitation of data usage SSA has information and technical assistance to organize conferences, workshops, been seeking ways to make resources pertinent to the Institute’s lectures, seminars, and/or other ways of administrative and other data more success. sharing current research activities and available to the research community. d. Review of Institute activities and findings. The Institute will hold a Such efforts are resource intensive and collegial feedback to ensure that biennial conference on issues related to must adhere to clear privacy protection objectives and award conditions are disability policy. The Institute will also requirements. The DRI will work as an being met. have the responsibility for publishing a external resource to facilitate this SSA may suspect or terminate any book composed of papers delivered at objective. Specific areas in which the cooperative agreement in whole or in the biennial conference. DRI should contribute include: writing part at any time before the date of Applicants are encouraged to propose papers that further efforts to effectively expiration. Suspension or termination the use of creative methods of combine data sharing and data privacy; could occur if the awardee materially disseminating data and information, developing documentation for fails to comply with the terms and such as using the Internet. Applications administrative files; aiding researchers conditions of the cooperative agreement, should show sensitivity to alternative in obtaining administrative extracts for if technical performance requirements dissemination strategies which may be policy-relevant research projects; are not met, or if the project is no longer appropriate for different audiences— developing sophisticated statistical relevant to the Agency. SSA will such as policymakers, practitioners, the techniques to mask micro data; aiding promptly notify the awardee in writing public, advocates, and academics. The SSA staff in developing methodology of the determination and the reasons for research and dissemination will be and policy regarding linkages of suspension or termination together with nonpartisan and of value to all levels of administrative data with outside data the effective date. policymaking. SSA reserves the right to sources; and providing, with SSA SSA reserves the right to suspend review and concur on all publications assistance, public use files that rely on funding for individual projects in created using Institute funding before data aggregates that cannot be used to process or in previously approved they are published. identify individuals. In addition, it is research areas or tasks after awards have c. Training and Education The DRI is SSA’s goal to increase the sites at which been granted. expected to both train new scholars and outside researchers can use SSA encourages cooperative educate academics and practitioners on administrative data. agreement applicants to become new techniques and research findings Without compromising academic knowledgeable about SSA’s operations on issues of disability policy that impact freedom, Institute staff will be expected as well as entitlements under its the economic security of persons with to comply with special requests for programs. Pamphlets and other public disabilities. The Institute is expected to administrative confidentiality in information may be obtained from any develop and expand a diverse corps of specific sensitive situations. The local Social Security field office or by scholars/researchers who focus their Institute shall make reasonable efforts to calling 1–800–772–1213. analytical skills on research and policy provide other researchers appropriate 3. Joint Responsibilities: Jointly with issues central to the Institute’s mission. and speedy access to research data from SSA, the Institute will select Training mechanisms should include this project and establish public use approximately six nationally recognized seminar series, conferences, graduate files of data developed under this scholars and practitioner who are courses, and mini-courses to be held in award. unaffiliated with the Institute to provide both Baltimore/Washington D.C. and the The institute is expected to work in assistance in formulating the Institute’s DRI site. conjunction with SSA and other Federal research agenda and advice on The Institute is expected to agencies and appropriate organizations implementation. The institute shall financially support the development to help develop mechanisms that enable select three scholars/practitioners and and work of new scholars. For example, additional sites to satisfy the legal and SSA will select three scholars/ funding should be allocated to support privacy requirements for outside practitioners. Efforts will be made in

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Applicants policy debates on SSDI and SSI and the once or twice a year rotating between should reflect, in the Program Narrative role of the proposed Institute in the Baltimore MD/Washington, DC section of the application, how they will promoting those activities. The areas, and the Institute location. be able to fulfill the responsibilities and prospectus should follow from the the requirements described in the Background Analysis section. It may, of C. Special Requirements announcement. The application should course, also discuss research areas and The Institute Director must have a specify in detail how administrative issues that were not mentioned in the demonstrated capability to organize, arrangements will be made to minimize analysis if the author(s) of the administer, and direct the Institute. The start-up and transition delays. application feel there have been gaps in Director will be responsible for the Applications which do not address all past research, or that new factors have organization and operation of the four major tasks discussed in Institute begun to affect or soon will begin to Institute and for communication with Responsibilities in Part II will not be affect national disability policy. SSA on scientific and operational considered for an award. The prospectus shall include detailed matters. The Director must also have a It is anticipated that the applicant will descriptions of individual research minimum time commitment of 30 have access to additional sources of projects that will be expected in the percent of the DRI Cooperative funding for some projects and Institute’s first year of operation. It also Agreement. Racial/ethnic minority arrangements with other organizations should be specific about long-term individuals, women, and persons with and institutions. Funds from other research themes and projects. The areas disabilities should be encouraged to sources cannot be applied toward the of research described in the prospectus apply as the Director. A list of previous awardee’s matching share of the total should be concrete enough that project grants and cooperative agreements held approved cost of the project. The descriptions in subsequent research by the Director shall be submitted. applicant (including the Institute plan amendments can be viewed as Administrator names and contact Director and other key personnel) shall articulating a research theme discussed information for each grant and/or make all current and anticipated related in the prospectus. An application that cooperative agreement shall also be funding arrangements (including contains simply an ad hoc submitted. contact information for grant/contract/ categorization of an unstructured set of cooperative agreement administrators) In addition to the Director, skilled research projects—as opposed to a set of explicit in an attachment to the personnel and institutional resources projects which strike a coherent application (Part IV, Section B–12). As capable of providing a strong research theme—will be judged unfavorably. part of the annual review process, this and evaluation base in the priority areas information will be updated and Note: Once a successful applicant and the specified must be available. The reviewed to limit duplicitous funding outside scholars/practitioners have been university and pertinent departments selected, they and SSA will review the for Institute projects. must show a strong commitment to the research agenda and determine research Institute’s support. Such commitment A. Content and Organization of priorities. This may include the addition, may be provided as dedicated space, Technical Application (See limitation, or removal of proposed research salary support for investigators or key ‘‘Components of a Complete projects. After review, the Institute will Application,’’ Part IV, Section B) submit to SSA a revised research plan that personnel, dedicated equipment or summarizes the deliberations and priorities. other financial support for the proposed The application must begin with the The research plan will be periodically Institute. required application forms and a three- reviewed and revised as necessary. The The Institute should be page (double-spaced) overview and application should discuss a proposed conceptualized and defined by its summary of the application. Staff research planning process, including integrative, multi-disciplinary nature resumes should be included in a involvements of the outside scholars/ and need not be limited to geographical separate appendix. The core of the practitioners, SSA, and other advisors and participants in the Institute. or departmental boundaries. A research application must contain eight sections, team may consist of investigators or presented in the following order: (3) A prospectus for dissemination institutions that are geographical (1) A brief (not more than 10 pages) should include proposed mechanisms distant, to the extent that the research background analysis of the key for reaching a broad audience of design requires and accommodates such disability policy issues and trends with academics and researchers, arrangements. Nothing in this a focus on the primary research themes policymakers, and the public. announcement precludes non-academic of the proposed Institute. the analysis Dissemination plans should detail entities from being affiliated with an should discuss concisely, but proposed publications, conferences, applicant. comprehensively, important priority workshops, and training seminars. (4) A prospectus for training and Part III—Application Preparation and research issues and demonstrate the education should include proposed Evaluation Criteria applicant’s grasp of the policy and research significance of recent and training and educational strategies to This part contains information on the future social, economic, political, and meet the goals described in Part II, preparation of an application for demographic trends. Section A, Task 3. submission under this announcement, (2) A research and evaluation (5) A prospectus for facilitation of the forms necessary for submissions and prospectus for a five-year research data usage demonstrating a broad the evaluation criteria under which the agenda, outlining the major research knowledge of administrative data and applications will be scored. Potential themes to be investigated over the next the legal and institutional constraints applicants should read this part five years. In particular, the prospectus facing public data release. In addition,

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.054 pfrm04 PsN: 14OCN1 55802 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices it should include a discussion of the included in the application. It should will be formed. Each panelist will technical expertise of Institute staff and provide a sense of institutional objectively review and score the proposed mechanisms to facilitate the commitment to policy research on cooperative agreement applications sharing of data. issues involving disability policy. using the evaluation criteria listed in (6) A staffing and organization Where specific individuals are proposed Part III, Section C below. The panel will proposal for the Institute including an for the staff of the Institute, it is recommend to SSA a Disability analysis of the types of background legitimate to discuss their past research, Research Institute based on (1) the needed among staff members, the whether or not it took place at the application scores; (2) the feasibility and Institute’s organizational structure, and institution proposed to be the location adequacy of the project plan and linkages with other organizations. In the Institute. The application must list methodology; and (3) how the Institute this section, the applicant should in an appendix appropriate recent or would meet SSA’s disability policy- specify how they will assure a current research projects, with a brief relevant objectives. genuinely multi-disciplinary approach research summary, contact person The Commissioner of Social Security to research, and where appropriate, references, and address and telephone will consider the panel’s identify the necessary links to numbers of references. recommendations when awarding the university departments, other This section should also discuss the cooperative agreement. Although the organizations and scholars engaged in experience of the research staff in results from the independent panel research and government policymaking. working with the government agencies reviews are the primary factor used in The applicant should identify the and their demonstrated capacity to making funding decisions, they are not Institute Director and key senior provide policy-relevant support to these the sole basis for making awards. The research staff. Full resumes of proposed agencies. Commissioner will consider other staff members shall be included as a (8) A budget narrative which links the factors as well (such as duplication of separate appendix to the application. research, training, dissemination, and internal and external research efforts) The time commitment to the Institute data-facilitation program to the when making funding decisions. All and other commitments for each Institute’s funding level. The budget applicants must use the guidelines proposed staff member shall be should, to the degree possible offer provided in the SSA application kit for indicated. Note that once the separate cost estimates for the preparing applications requesting cooperative agreement has been individual research areas and projects funding under this cooperative awarded, changes in key staff will proposed in the research prospectus. agreement announcement. These require approval from SSA. The kinds of Funding should also be allocated to guidelines describe the minimum administrative and tenure arrangements, address occasional SSA requested amount of required project information. if any, the Institute proposes to make activities (described in Part II, Section However, when completing Part III— should also be discussed in this section. B–1). This section should also discuss Program Narrative, Form SSA–96–BK, In addition, the author(s) of the how the five-year budget supports please follow the guidelines under Part application and the role which he/she proposed research, training, III, Section A, above. Please disregard (they) will play in the proposed Institute dissemination, and data-facilitation the Program Narrative instructions must be specified. activities and should link the first year provided on pages 3, 4, and 5 of the SSA This section should discuss the of funding to a five-year plan. The Federal Assistance Application Form financial arrangements for supporting discussion should include the SSA–96–BK. research assistants, dissertation appropriateness of the level and fellowships, affiliates, resident scholars, distribution of funds to the successful All awardees must adhere to SSA’s etc. The discussion should include the completion of the research, training, and Privacy and Confidentiality Regulations expected number and type of scholars to dissemination plans. (20 CFR, part 401) as well as provide be supported and the level of support The availability, potential availability specific safeguards surrounding client anticipated. or expectation of other funds (from the information sharing, paper/computer If the applicant envisions an host university, other universities, records/data, and other issues arrangement of several universities or foundations, other Federal agencies etc.) potentially arising from administrative entities, this section should describe the and the uses to which they would be data. specifics about the relationships, put, should be documented in this SSA reserves the option to discuss including leadership, management, and section. When additional funding is applications with other Federal or State administration. They should pay contemplated, applicants shall note staff, specialists, knowledgeable particular attention to discussing how a whether the funding is being donated by persons, and the general public. focal point for research, teaching, and the host institution, is in-hand from Comments from these sources, along scholarship will be maintained given another funding source, or will be with those of the reviewers, will be kept the arrangement proposed. applied for from another funding from inappropriate disclosure and may The application should also discuss source. Formal commitments for the 5 be considered in making an award the role, selection procedure, and percent, non-federal, minimum budget decision. expected contribution of the outside share should be highlighted in this C. Selection Process and Evaluation scholars/practitioners (See Part II, Joint section. Criteria Responsibilities). Seeking additional support from other (7) An organizational experience sources is encouraged. However, funds The evaluation criteria correspond to summary of past work at the university pertaining to this announcement must the outline for the development of the or institution proposed as the location not directly duplicate those received Program Narrative Statement of the (or the host) of the Institute that relates from other funding sources. application described in Part III, Section directly or indirectly to the research A, above. The application should be priorities of this request. This B. Review Process and Funding prepared in the format indicated by the discussion should include more than a In addition to any other reviews, an outline described in The Components of listing of the individual projects independent review panel consisting of a Complete Application (i.e., Part IV, completed by the individuals who are approximately eight qualified persons Section B).

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Selection of the successful applicant also take into consideration SSA for research, teaching, and scholarship will be based on the technical and priorities and funded or anticipated is an important consideration. financial criteria laid out in this projects. Reviewers will evaluate the affiliations announcement. Reviewers will (c) Dissemination; training and of proposed key personnel to ensure the determine the strengths and weaknesses education; and facilitation of data usage. required multi-disciplinary nature of the of each application in terms of the (See Part III, Section A–3, A–4, A–5) (20 Institute is being fulfilled. Higher scores evaluation criteria listed below. points) will generally be given to those The point value following each Reviewers will evaluate strategies for institutions which include active criterion heading indicates the dissemination of research and other participation by a multi-disciplinary maximum numerical relative weight related information to a broad and research staff. Furthermore, reviewers that each section will be given in the disparate set of academic, research, and will rate the applicant’s pledge and review process. An unacceptable rating policy communities as well as to the ability to work in collaboration with on any individual criterion may render public. Reviewers will also evaluate other scholars and government the application unacceptable. whether the appropriate dissemination employees in search of similar goals. Consequently, applicants should take method is being proposed for targeted Applicants will be judged on the care that all criteria are fully addressed audiences of academics and researchers, nature and extent of the organizational in the applications. Applications will be policymakers, and the public. Proposed support for research, mentoring reviewed as follows: strategies that increase dissemination scholars, dissemination, facilitation of (a) Quality of the background across other organizations conducting data usage, and in areas related to the analysis. (See Part III, Section A–1) (10 disability income research will also institution’s central priorities and this points) receive higher ratings. request. Reviewers will evaluate the Applications will be judged on The evaluation of the training and commitment of the host institution (and whether they provide a thoughtful and evaluation prospectus will include an the proposed institutional unit that will coherent discussion of political, assessment of plans to enhance the contain the Institute) to assess its ability economic, social, demographic, medical training of graduate students and young to support all four of the Institute’s and health-related trends influencing scholars through direct financial major activities: (1) Scholarly, policy- disability. Reviewers will judge support as well as exposure to policy relevant research; (2) dissemination; (3) applicants’ abilities to discuss the past, research. In addition, reviewers will education and training; and (4) present, and future role of government evaluate proposed strategies for facilitation of data usage. Reviewers also educating and training policymakers programs and policies which affect will evaluate the applicant’s and practitioners on issues of disability. these trends. Applications should tie the demonstrated capacity to work with a trends and influences discussed to their The scoring of the prospectus for facilitation of data usage will include a range of government agencies. proposed research agenda. (e) Appropriations of the budget to (b) Quality of the research and review of the activities planned as well carry out the planned staffing and evaluation prospectus. (See Part III, as staff and management expertise and activities. (See Part III, Section A–8) (10 Section A–2) (30 points) experience. Applicants should also Reviewers will judge this section on demonstrate an understanding of the points) Reviewers will consider whether (1) whether the research agenda is legal and institutional constraints the budget assures an efficient and scientifically sound and policy relevant. involved with SSA administrative, effective allocation of funds to achieve They also will consider whether the earnings, and tax data. the objectives of this announcement, applicant is likely to produce (d) Quality of the staffing proposal and (2) the applicant has additional significant/seminal contributions to and proposed organizational funding from other sources, in their proposed research areas and how arrangements. (See Part III, Section A– particular, the host institution. closely the proposed projects fit the 6 and A–7) (30 points) Applications that show funding from objectives for which the applications Reviewers will judge the applicant’s other sources that supplement funds for were solicited. Institute Director and staff on research The application will be judged on the experience, demonstrated research this cooperative agreement will be given breadth and depth of the applicant’s skills, administrative skills, public higher marks than those without commitment to research and evaluation administration experience, and relevant financial support. of the priority areas described in Part II, policy-making skills. An additional Part IV—Application Forms, Section A. The discussion and research criterion will be the Institute’s Completion and Submission proposed must address at least one demonstrated potential to act as a priority research area. Applicants will conduit between basic and applied A. Availability of Application Forms generally receive higher scores for behavioral and social science research To obtain an application kit that addressing more than one priority and policy analysis/evaluation. Both the contains the prescribed forms for research area. However, a strong evidence of past involvement in related funding projects under this proposal focusing on one area will research and the specific plans for announcement, all requests should be outscore one that is broad and weakly seeking applied outcomes described in submitted via mail, fax, or e-mail. MAIL: defined. Applicants with additional the application shall be considered part Grants Management Team, Office of insightful research proposals will also of that potential. Reviewers may Acquisition and Grants, Social Security score higher. Concise plans for research consider reference from grant/ Administration, 1–E–4 Gwynn Oak projects in the near term (one or two cooperative agreement administrators Building, 1710 Gwynn Oak Avenue, years) as well as a five-year agenda are on previous grants and cooperative Baltimore, Maryland 21207–5279. FAX: important. agreements held by the proposed (410) 966–9310 or (410) 966–1261. E- Reviewers will rate applications on Institute Director or other key MAIL: [email protected] or the contents of the plans to conduct personnel. Director and staff time [email protected] or policy-relevant research. In addition, commitments to the Institute also will [email protected]. they will be judged on their relevance be a factor in evaluation. Whether the Requests submitted by mail should to government activities. Reviewers will applicant can maintain a single location include a return address label. To assist

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.057 pfrm04 PsN: 14OCN1 55804 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices us, please provide the information the upper left corner. Please do not use Applications must be mailed or hand requested using the following format: or include separate covers, binders, delivered to: Grants Management Team, Requestor: clips, tabs, plastic inserts, books, Office of Acquisition and Grants, Name: brochures, videos, or any other items DCFAM, Social Security Telephone Number: that cannot be readily photocopied. Administration, Attention: SSA–ORES– Mail to: C. Application Submission 00–1, 1–E–4 Gwynn Oak Building, 1710 Name (individual): Gwynn Oak Avenue, Baltimore, MD Organization: There guidelines should be followed 21207–5279. Street Address: in submitting applications: Hand-delivered applications are City State Zip Code: —All applications requesting SSA funds accepted between the hours of 8 a.m. When requesting an application kit, for cooperative agreement projects and 5 p.m., Eastern Standard Time, the applicant should refer to the under this announcement must be Monday through Friday. An application program announcement number SSA– submitted on the standard forms will be considered as meeting the ORES–00–1 and the date of this provided in the application kit. deadline if it is either: announcement to ensure receipt of the NOTE: Facsimile copies will not be 1. Received at the above address on or proper application kit. accepted. before the deadline date; or —The application shall be executed by 2. Mailed through the U.S. Postal B. Components of a Complete an individual authorized to act for the Service or sent by commercial carrier on Application applicant organization and to assume or before the deadline date and received for the applicant organization the A complete application package in time to be considered during the obligations imposed by the terms and consists of one original, signed and competitive review and evaluation conditions of the cooperative dated application, plus at least two process. Packages must be postmarked agreement award. copies, which include the following by January 12, 2000. Applicants are items in order: —Number of copies: The package should contain one original, signed cautioned to request a legibly dated U.S. 1. Cover Sheet; and dated application plus at least Postal Service postmark or to obtain a 2. Project Abstract/Summary (not to legibly dated receipt from a commercial exceed three pages); two copies. Ten additional copies are optional and will expedite processing carrier as evidence of timely mailing. 3. Table of Contents; Applications that do not meet the 4. Part I (Face Sheet)—Application for of the application. A disk copy of the Abstract and the Program Narrative above criteria are considered late Federal Assistance (Standard Form applications. SSA will not waive or 424); (in Word 97 format) would also be helpful to SSA, but is optional. extend the deadline for any applicant 5. Part II—Budget Information— unless the deadline is waived or Sections A through G (Form SSA– —Length: Applications should be brief and concise as possible, but assure extended for all applicants. SSA will 96–BK); notify each late applicant that its 6. Budget Justification (Details) for successful communication of the application will not be considered. Section B—Budget Categories; applicant’s proposal to the reviewers. 7. Proof of non-profit status, if The Project Narrative portion of the D. Notification applicable; application (Part III) may not exceed 8. Copy of the applicant’s approved 150 double spaced pages (excluding SSA will use Form SSA–3966 PC (a indirect cost rate agreement, if the resume and outside funding double postcard) to acknowledge receipt appropriate; appendices), typewritten on one side of application forms. Please complete 1 ′′× ′′ 9. Part III—Project (Program) Narrative. using standard (8 ⁄2 11 ) size paper the top and bottom parts of the double Please disregard instructions and 12 point font. Attachments that postcard, which is included in the provided on pages 3, 4, and 5 of the support the project narrative count application kit, and, on the franked side SSA Federal Assistance Application within the 150 page limit. of the postcard, enter the name and Form SSA–96–BK. The program Attachments not applicable to the address of the person to whom the narrative should be organized in project narrative do not count toward acknowledgment is to be sent. Include eight sections: this page limit. Form SSA–3966 PC with the original (a) Background Analysis, —Attachments/Appendices, when copy of the application forms. If you do (b) Research and Evaluation included, should be used only to not receive acknowledgment of your Prospectus, provide supporting documentation. application within eight weeks after the (c) Dissemination Prospectus, Brochures, videos, etc., should not be deadline date, please notify SSA. (d) Training and Education included because they are not easily Paperwork Reduction Act Prospectus, reproduced and are therefore (e) Facilitation of Data Usage inaccessible to reviewers. This notice contains reporting Prospectus, —In item 11 of the Face Sheet (SF 424), requirements. However, the information (f) Staffing Proposal Including Staff the applicant must clearly indicate is collected using a Federal Assistance Utilization and Staff Background, the application submitted is in Application Form SSA–96–BK, which (g) Organizational Experience response to this announcement (SSA– has the Office of Management and Summary, and ORES–00–1). The applicant also is Budget clearance number 0960–0184. (h) Budget Narrative. encouraged to select a short Executive Order 12372 and 12416— 10. Part IV—Assurances; descriptive project title. Intergovernmental Review of Federal 11. Additional Assurances/ —On all applications developed jointly Programs Certifications; by more than one organization, the 12. Any appendences/attachments; and application must identify only one This program is not covered by the 13. Supplement to Section II—Key university as the lead organization requirements of Executive Order 12372, Personnel. and the official applicant. The other(s) as amended by Executive Order 12416, Staple each copy of the application can be included as co-participants, relating to the Federal policy for securely (front and back if necessary) in subgrantees or subcontractors. consulting with State and local elected

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.058 pfrm04 PsN: 14OCN1 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices 55805 officials on proposed Federal financial Government agency ID. Non-U.S. 20593–0001; telephone (202) 267–1527; assistance. Government attendees must be escorted fax (202) 267–4496. (Catalog of Federal Domestic Assistance: by State Department personnel at all Dated: October 1, 1999. Program No. 96.007, Social Security— times when in the State Department Stephen M. Miller, building. Research and Demonstration) Executive Secretary, Shipping Coordinating Kenneth S. Apfel, For further information, contact Timothy Committee. Commissioner of Social Security. C. Finton, Executive Secretary of the [FR Doc. 99–26724 Filed 10–13–99; 8:45 am] Committee, at (202) 647–5385 or [FR Doc. 99–26676 Filed 10–13–99; 8:45 am] BILLING CODE 4710±07±P . BILLING CODE 4190±29±M Dated: October 5, 1999. Timothy C. Finton, DEPARTMENT OF STATE Executive Secretary. DEPARTMENT OF STATE [Public Notice No. 3137] [FR Doc. 99–26725 Filed 10–13–99; 8:45 am] [Public Notice 3131] BILLING CODE 4710±45±P Bureau of Political Military Affairs; Advisory Committee on International Suspension of Munitions Export Communications and Information Licenses to Indonesia DEPARTMENT OF STATE Policy; Meeting Notice AGENCY: Department of State. The Department of State is [Public Notice No. 3103] ACTION: Notice. announcing the next meeting of its SUMMARY: Advisory Committee on International Shipping Coordinating Committee, Notice is hereby given that all Communications and Information International Maritime Organization licenses and approvals to export or Policy. The Committee provides a (IMO) Legal Committee; Notice of otherwise transfer defense articles and formal channel for regular consultation Meeting defense service to Indonesia pursuant to and coordination on major economic, Section 38 of the Arms Export Control social and legal issues and problems in The U.S. Shipping Coordinating Act are suspended, except for certain international communications and Committee (SHC) will conduct an open exports related to commercial information policy, especially as these meeting at 10:00 a.m., on Monday, communication satellites and Y2K issues and problems involve users of November 1, 1999, in Room 2415 at U.S. compliance activities. information and communication Coast Guard Headquarters, 2100 Second EFFECTIVE DATE: September 10, 1999. services, providers of such services, Street, SW, Washington, DC. The FOR FURTHER INFORMATION CONTACT: Rose technology research and development, purpose of this meeting is to report the Biancaniello, Chief, Licensing Division, foreign industrial and regulatory policy, results of Eightieth Session of the Office of Defense Trade Controls (DTC) the activities of international International Maritime Organization Bureau of Politico-Military Affairs, organizations with regard to Legal Committee (LEG 80), and the Joint Department of State (703) 875–6644). communications and information, and International Maritime Organization/ SUPPLEMENTARY INFORMATION: At the developing country interests. International Labor Organization Ad direction of the President, due to the The purpose of the meeting will be for Hoc Expert Working Group, held crisis in East Timor, the Department of the members to look at the substantive concurrently October 11–15, 1999, in State on September 10, 1999, took issues on which the committee should London. appropriate steps to halt approvals of focus, as well as specific countries and LEG 80 will focus primarily on exports of defense articles to Indonesia. regions of interest to the committee. In completing its work on a draft protocol It is currently the policy of the U.S. addition, the Committee members will to the Athens Convention. The Joint Government to deny all applications for review the activities of the various IMO/ILO Ad Hoc Expert Working Group licenses and other approvals to export working groups of the Advisory will be focusing on the subject of or otherwise transfer defense articles Committee. liability and compensation regarding and defense services to Indonesia, This meeting will be held on claims for death, personal injury and except for certain approvals related to Thursday, November 18, from 9:30 abandonment of seafarers, therefore the commercial communication satellites a.m.—12:30 p.m. in room 1105 of the SHC will also focus on this topic. Other and Y2K compliance activities. In Main Building of the U.S. topics that will be briefly addressed addition, U.S. manufacturers and Department of State, located at 2201 include: the draft IMO Guidelines on exporters and any other affected parties ‘‘C’’ Street, NW, Washington, DC 20520. Shipowners’ Responsibilities in Respect (e.g., brokers) are hereby notified that Members of the public may attend these of Maritime Claims and a draft the Department of State has suspended meetings up to the seating capacity of convention regarding bunker fuel spills. all licenses and approvals authorizing the room. While the meeting is open to Time will also be allotted to address any the export of or other transfers of the public, admittance to the State other issues on the LEG work program defense articles or defense services to Department Building is only by means on which there are questions or Indonesia. The licenses and approvals of a pre-arranged clearance list. In order comments. that have been suspended include to be placed on the pre-clearance list, Members of the public are invited to manufacturing licenses and technical please provide your name, title, attend the SHC meeting, up to the assistance agreements involving company, social security number, date seating capacity of the room. For further Indonesia, including any agreement that of birth, and citizenship to Timothy C. information, or to submit views in has Indonesia as a sales territory. This Finton at . All advance of the meeting, please contact action also precludes the use in attendees for this meeting must use the Captain Malcolm J. Williams, Jr., or connection with Indonesia of any 23rd Street entrance. One of the Lieutenant Daniel J. Goettle, U.S. Coast exemptions from license or other following valid ID’s will be required for Guard, Office of Maritime and approval requirements. admittance: any U.S. driver’s license International Law (G–LMI), 2100 This suspension does not apply to any with photo, a passport, or a U.S. Second Street, SW, Washington, DC. license or other approval for activities

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.059 pfrm04 PsN: 14OCN1 55806 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices associated with commercial Written comments are invited and must be obtained by contacting the hotel by communication satellites, their parts be received on or before October 20, electronic mail to the following and components, and related technical 1999. addresses; [email protected] data and services, and to Y2K ADDRESSES: The public meeting will be and [email protected]. compliance activities provided the held at Boeing Aircraft Corporation, Interested individuals should indicate license or approval in these two areas is 1200 Wilson Blvd., Arlington, VA that lodging is for attendance at the not for the Indonesian military. All (Rosslyn Metro Stop). Persons unable to FAA/JAA Harmonization Management applicants holding these approvals attend the meeting may mail their Team Meetings at the Boeing Aircraft should notify the Director of the Office comments in triplicate to: Brenda Corporation. The Hyatt Arlington has a of Defense Trade Controls in writing of Courtney, Federal Aviation web site at www.arlington.hyatt.com for the case number. Such notification will Administration, Office of Rulemaking, additional information on the hotel and be used to ensure smooth operations at ARM–200, 800 Independence Avenue, surrounding area. U.S. ports. Any new applications for SW., Washington, DC 20591. Participation at the Meetings licenses and other approvals to export FOR FURTHER INFORMATION CONTACT: defense articles and defense services to Requests to attend and present a The FAA should receive requests support commercial communication statement at the meeting or questions from persons who wish to present oral satellite exports or Y2K compliance regarding the logistics of the meeting statements at the public meetings no activities that are not for the Indonesian should be directed to Brenda Courtney, later than October 20, 1999. Such military will be reviewed on a case-by- Office of Rulemaking, 800 requests should be submitted to Brenda case basis. The Department of State is Independence Avenue, SW., Courtney as listed in the section titled also prepared to review requests for Washington, DC 20591; telephone (202) FOR FURTHER INFORMATION CONTACT and exports, as may be necessary, to support 267–3327, telefax (202) 267–5075. should include a written summary of the operations of an international oral remarks to be presented, and an peacekeeping force. SUPPLEMENTARY INFORMATION: The Federal Aviation Administration and estimate of time needed for the Date: October 8, 1999. the Joint Aviation Authorities will presentation. Requests received after the Eric D. Newsom, convene meetings to accept input from date specified above will be scheduled Assistant Secretary, Bureau of Political the public on the Harmonization Work if time is available; however, the name Military Affairs. Program. The meetings will be held on of those individuals may not appear on [FR Doc. 99–26977 Filed 10–13–99; 8:45 am] October 26 and 27 on Simulator the written agenda. BILLING CODE 4710±15±P Initiatives and October 27 and 29, 1999, The FAA will prepare a final agenda on the remaining harmonization of speakers, which will be available at initiatives at Boeing Aircraft the meeting. Every effort will be made DEPARTMENT OF TRANSPORTATION Corporation, 1200 Wilson Blvd., to accommodate as many speakers as Arlington, VA. The meetings are possible. In addition, the amount of Federal Aviation Administration scheduled to begin at 10:30 a.m. each time allocated to each speaker may be date, except the meetings on simulator less than the amount of time requested. Harmonization Initiatives initiatives may begin earlier. The agenda Meeting Procedures AGENCY: Federal Aviation for the meetings will include: The following procedures are Administration, DOT. October 26–27, 1999 established to facilitate the meetings: ACTION: Notice of public meetings. Simulator Initiatives October 27, 1999 (1) There will be no admission fee or SUMMARY: The Federal Aviation Review of Action Items from the 1999 other charge to attend or to participate Administration and the Joint Aviation Annual Harmonization Conference in the meeting. The meetings will be Authorities will convene meetings to General Session—Industry Issues open to all persons who have requested accept input from the public on the and Concerns in advance to present statements or who Harmonization Work Program. The October 29, 1999 register on the day of the meeting Harmonization Work Program is the FAA/JAA/Transport Canada News of subject to availability of space in the means by which the Federal Aviation Interest meeting room. Administration and the Joint Aviation General Session—Response to (2) There will be morning and Authorities carry out a commitment to Industry Issues and Concerns afternoon breaks and lunch breaks. harmonize, to the maximum extent Individuals wishing to attend and (3) The meetings may adjourn early if possible, the rules regarding the participate in the meetings must submit scheduled speakers complete their operation and maintenance of civil name, address, telephone/fax/email, and statements in less time than currently is aircraft, and the standards, practices, citizenship information to the person scheduled. and procedures governing the design listed under the title FOR FURTHER (4) An individual, whether speaking materials, workmanship, and INFORMATION CONTACT not later than in a personal or a representative construction of civil aircraft, aircraft October 20, 1999. The list of attendees capacity on behalf of an organization, engines, and other components. The must be submitted to the Boeing Aircraft may be limited to a 10-minute purpose of this meeting is to provide an Corporation in advance of the meeting statement. If possible, we will notify the opportunity for the public to submit for security reasons and to prepare name speaker if additional time is available. input to the Harmonization Work badges that must be worn while in the (5) The FAA will try to accommodate Program. This notice announces the building. all speakers. If the available time does date, time, location, and procedures for Lodging Arrangements: The Hyatt not permit this, speakers generally will the public meeting. Arlington Hotel, 1325 Wilson Blvd., be scheduled on a first-come-first-served DATES: The public meetings will be held Arlington, VA 22209, telephone 703– basis. However, the FAA reserves the on October 26, 27 and 29, 1999, starting 525–1234, is located directly across the right to exclude some speakers if at 10:30 a.m. each day. The meetings on street from the Boeing Aircraft necessary to present a balance of simulator initiatives may begin earlier. Corporation. A special lodging rate may viewpoints and issues.

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(6) Sign and oral interpretation can be The agenda will include: November reconvenes at 9 a.m.: (7) Review made available at the meetings, as well 17–18, (1) Working Group (WG)–1, summary minutes of previous plenary as an assistive listening device, if Minimum Aviation System Performance meeting; (8) Reports from WG–2 and requested at the above number listed Standards. November 19, Plenary WG–3 on Activities; (9) Report on ICAO under FOR FURTHER INFORMATION Session: (2) Review ballot comments for Aeronautical Mobile Communications CONTACT at least 10 calendar days before draft document, Minimum Operational Panel Working Group activities; (10) the meeting. Performance Standards for Aeronautical EUROCARE WG–47 Report and discuss (7) Representatives of the FAA and Mobile High Frequency Data Link schedule for further work with WG–3; JAA will preside over the meetings. (incorporate accepted ballet comments (11) Review issues list and address (8) The FAA and JAA will review and into the final draft to forward to the future work; (12) Other business; (13) consider all material presented by Program Management Committee); (3) Date and Location of Next Meeting; participants at the meetings. Position Review summary of previous meeting; (p.m.) (14) WG–3 continues. papers or material presenting views or (4) Review of WG–1 status; (5) Review Attendance is open to the interested information related to proposed of WG–2 status; (6) Review activities of public but limited to space availability. harmonization initiatives may be other Standards Groups; (7) Open With the approval of the chairman, accepted at the discretion of the FAA discussion; (8) Confirm dates for future members of the public may present oral and JAA presiding officers. The FAA meetings; (9) Closing of the public may statements at the meeting. Persons requests that persons participating in present oral statements at the meeting. wishing to present statements or obtain the meetings provide five (5) copies of Persons wishing to present statements information should contact the RTCA all materials to be presented for or obtain information should contact the Secretariat, 1140 Connecticut Avenue, distribution to the panel members; other RTCA Secretariat, 1140 Connecticut NW., Suite 1020, Washington, DC copies may be provided to the audience Avenue, NW., Suite 1020, Washington, 20036; (202) 833–9339 (phone); (202) at the discretion of the participant. DC, 20036; (202) 833–9339 (phone); 833–9434 (fax); or http://www.rtca.org (9) Statements made by members of (202) 833–9434 (fax); or http:// (web site). Members of the public may the meeting panel are intended to www.rtca.org (web site). Members of the present a written statement to the facilitate discussion of the issues or to public may present a written statement committee at any time. clarify issues. Any statement made to the committee at any time. during the meeting by a member of the Issued in Washington, DC, on October 6, Issued in Washington, DC, on October 7, 1999. panel is not intended to be, and should 1999. Janice L. Peters, not be construed as, a position of the Janice L. Peters, FAA or JAA. Designated Official. (10) The meetings are designed to Designated Official. [FR Doc. 99–26801 Filed 10–13–99; 8:45 am] [FR Doc. 99–26800 Filed 10–13–99; 8:45 am] solicit public views and more complete BILLING CODE 4910±13±M information on proposed harmonization BILLING CODE 4910±13±M initiatives. Therefore, the meetings will be conducted in an informal and DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION nonadversarial manner. No individual Surface Transportation Board will be subject to cross-examination by Federal Aviation Administration any other participant; however, panel [STB Finance Docket No. 33441 (Sub-No. members may ask questions to clarify a RTCA Special Committee 172 Future 1)] statement and to ensure a complete and Air-Ground Communications in the accurate record. VHF Aeronautical Data Band (118±137 Paducah & Louisville RailwayÐ Trackage Rights ExemptionÐCSX Issued in Washington, DC, on October 7, MHz) Transportation, Inc 1999. Pursuant to section 10(a)(2) of the Brenda D. Courtney, Federal Advisory Committee Act (Pub. CSX Transportation, Inc. (CSXT) has Manager, Aircraft and Airport Rules Division. L. 92–463, 5 U.S.C., Appendix 2), notice agreed to grant overhead trackage rights [FR Doc. 99–26799 Filed 10–13–99; 8:45 am] is hereby given for Special Committee to Paducah & Louisville Railway (P&L) BILLING CODE 4910±13±M 172 meeting to be held November 8–10, over CSXT’s rail line between the P&L/ 1999, starting at 9:00 a.m. The meeting CSXT connection at Madisonville, KY, will be held at RTCA, 1140 Connecticut at or near milepost OOH–275, and the DEPARTMENT OF TRANSPORTATION Avenue, NW., Suite 1020, Washington, Diamond J Mine located on CSXT’s DC 20036. Morganfield Branch, at or near milepost Federal Aviation Administration The agenda will be as follows: MB–294.1, including access to the Western Kentucky Railroad connection RTCA Special Committee 188; Monday, November 8: (1) Plenary at Providence, KY, at or near milepost Minimum Aviation System Convenes at 9 a.m. for 30 minutes; (2) MB–291.8, for a total distance of Performance Standards for High Introductory Remarks; (3) Review and approximately 18.8 miles in Hopkins Frequency Data Link Approval of the Agenda; (9:30 a.m.) (4) Working Group (WG)–2, VHF Data and Webster Counties, KY. Pursuant to section 10(a)(2) of the Radio Signal-in-Space Minimum The transaction was scheduled to be Federal Advisory Committee Act (Pub. Aviation System Performance consummated on or shortly after L. 92–463), 5 U.S.C., Appendix 2), Standards, continues work on VDL October 5, 1999. notice is hereby given for Special Mode 3. Tuesday, November 9: (a.m.) (5) The purpose of the trackage rights is Committee 188 meeting to be held WG–2 continues work on VDL Mode 3; to allow P&L to handle movements of November 17, starting at 1 p.m., and at (p.m.) (6) WG–3, Review of VHF Digital coal from the Diamond J Mine and from 9 a.m. on November 18–19. The meeting Radio Minimum Operational the Pyro, Kentucky Mine to the GRT will be held at RTCA, 1140 Connecticut Performance Standards Document Terminal, at Jessup, KY, for barge Avenue, NW., Suite 1020, Washington, progress and furtherance of work. movements to Alabama Power Company DC, 20036. Wednesday, November 10: Plenary (APC) water served destinations, and to

VerDate 12-OCT-99 11:02 Oct 13, 1999 Jkt 190000 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\A14OC3.185 pfrm04 PsN: 14OCN1 55808 Federal Register / Vol. 64, No. 198 / Thursday, October 14, 1999 / Notices handle empties via the reverse route.1 filed with the Surface Transportation ACTION: Notice of Correction. The movements to APC water served Board, Office of the Secretary, Case destinations are in addition to the coal Control Unit, 1925 K Street, NW, SUMMARY: This corrects the Notice of movements for TVA water served Washington, DC 20423–0001. In Availability of a Draft Programmatic destinations authorized in STB Finance addition, one copy of each pleading Agreement and Request for Comments Docket No. 33441. The APC movements must be served on (1) J. Thomas Garrett, that the Surface Transportation Board’s will be made pursuant to PAL Tariff A– Esq., Paducah & Louisville Railway, Section of Environmental Analysis 1097 through December 31, 1999, and 1500 Kentucky Avenue, Paducah, KY published on October 8, 1999. As shown thereafter under contract PAL–C–0928. 42003, and (2) Fred R. Birkholz, Esq., above, the correct docket number for As a condition to this exemption, any CSX Transportation, Inc., 500 Water this proceeding is Finance Docket No. employees affected by the trackage Street, J–150, Jacksonville, FL 32202. 30186 (Sub-No. 3). All other information rights will be protected by the Board decisions and notices are conditions imposed in Norfolk and available on our website at in the notice is correct. Western Ry. Co.—Trackage Rights—BN, ‘‘WWW.STB.DOT.GOV.’’ DATES: October 8, 1999. 354 I.C.C. 605 (1978), as modified in Decided: October 7, 1999. Mendocino Coast Ry., Inc.—Lease and FOR FURTHER INFORMATION CONTACT: By the Board, David M. Konschnik, Dana G. White, Section of Operate, 360 I.C.C. 653 (1980). Director, Office of Proceedings. This notice is filed under 49 CFR Environmental Analysis, Surface 1180.2(d)(7). If it contains false or Vernon A. Williams, Transportation Board, 1925 K Street, misleading information, the exemption Secretary. NW, Washington, DC 20423, (202) 565– is void ab initio. Petitions to revoke the [FR Doc. 99–26832 Filed 10–13–99; 8:45 am] 1552 (TDD for the hearing impaired exemption under 49 U.S.C. 10502(d) BILLING CODE 4915±00±P (202) 565–1695). may be filed at any time. The filing of By the Board, Elaine K. Kaiser, Chief, a petition to revoke will not Section of Environmental Analysis. automatically stay the transaction. DEPARTMENT OF TRANSPORTATION An original and 10 copies of all Vernon A. Williams, Surface Transportation Board pleadings, referring to STB Finance Secretary. Docket No. 33441 (Sub-No. 1), must be [Finance Docket No. 30186 (Sub-No. 3)] [FR Doc. 99–26833 Filed 10–13–99; 8:45 am] BILLING CODE 4915±00±P 1 P&L was previously granted trackage rights to Tongue River Railroad Company, handle movements of coal over the same trackage Construction and Operation of the for barge movements to Tennessee Valley Authority Western Alignment in Rosebud and (TVA) water served destinations, and to handle empties over the reverse route. See Paducah & Big Horn Counties, MT Louisville Railway—Trackage Rights Exemption— CSX Transportation, Inc., STB Finance Docket No. AGENCY: Surface Transportation Board, 33441 (STB served Aug. 27, 1997). DOT.

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Reader Aids Federal Register Vol. 64, No. 198 Thursday, October 14, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 12900 (Amended by EO 13138)...... 53879 Presidential Documents Proclamations: 12905 (Amended by Executive orders and proclamations 523±5227 4865 (See EO 13138)...... 53879 The United States Government Manual 523±5227 Memorandum of 12936 (See EO April 16, 1999) ...... 53883 13140) ...... 55115 6763 (See Other Services 12960 (See EO Proclamation 13140) ...... 55115 Electronic and on-line services (voice) 523±4534 7235) ...... 55611 12961 (Revoked by Privacy Act Compilation 523±3187 7227...... 53877 EO 13138)...... 53879 Public Laws Update Service (numbers, dates, etc.) 523±6641 7228...... 54193 12994 (Amended by TTY for the deaf-and-hard-of-hearing 523±5229 7229...... 54195 EO 13138)...... 53879 7230...... 54197 13010 (Revoked in 7231...... 54755 part by EO ELECTRONIC RESEARCH 7232...... 54757 13138) ...... 53879 World Wide Web 7233...... 54759 13017 (Revoked by 7234...... 55405 EO 13138)...... 53879 Full text of the daily Federal Register, CFR and other 7235...... 55611 13021 (Amended by publications: 7236...... 55613 EO 13138)...... 53879 http://www.access.gpo.gov/nara 7237...... 55615 13037 (Revoked by Federal Register information and research tools, including Public 7238...... 55617 EO 13138)...... 53879 Inspection List, indexes, and links to GPO Access: 7239...... 55619 13038 (Revoked by Executive Orders: EO 13138)...... 53879 http://www.nara.gov/fedreg 11145 (Amended by 13050 (Revoked by E-mail EO 13138)...... 53879 EO 13138)...... 53879 11183 (Amended by 13062 (Superseded in PENS (Public Law Electronic Notification Service) is an E-mail EO 13138)...... 53879 part by EO service for notification of recently enacted Public Laws. To 11287 (Amended by 13138) ...... 53879 subscribe, send E-mail to EO 13138)...... 53879 13086 (See EO [email protected] 12131 (Amended by 13140) ...... 55115 13115 (Amended by with the text message: EO 13138)...... 53879 12196 (Amended by EO 13138)...... 53879 subscribe PUBLAWS-L your name EO 13138)...... 53879 13138...... 53879 Use [email protected] only to subscribe or unsubscribe to 12216 (Amended by 13139...... 54175 PENS. We cannot respond to specific inquiries. EO 13138)...... 53879 13140...... 55115 Reference questions. Send questions and comments about the 12345 (Amended by Administrative Orders: Federal Register system to: EO 13138)...... 53879 Memorandums: 12367 (Amended by April 16, 1999 ...... 53883 [email protected] EO 13138)...... 53879 Presidential Determinations: The Federal Register staff cannot interpret specific documents or 12382 (Amended by No. 99±38 of regulations. EO 13138)...... 53879 September 21, 12473 (Amended by 1999 ...... 53573 FEDERAL REGISTER PAGES AND DATE, OCTOBER EO 13140)...... 55115 No. 99±39 of 12478 (See EO September 21, 53179±53580...... 1 13140 ...... 55115 1999 ...... 53575 53581±53882...... 4 12550 (See EO No. 99±40 of 53883±54198...... 5 13140) ...... 55115 September 21, 12586 (See EO 1999 ...... 53577 54199±54498...... 6 13140) ...... 55115 No. 99±41 of 54499±54758...... 7 12708 (See EO September 22, 54759±55114...... 8 13140) ...... 55115 1999 ...... 53579 55115±55404...... 12 12767 (See EO No. 99±42 of 55405±55614...... 13 13140) ...... 55115 September 29, 55615±55808...... 14 12852 (Revoked by 1999 ...... 54499 EO 13138)...... 53879 No. 99±43 of 12871 (Amended by September 30, EO 13138)...... 53879 1999 ...... 54501 12876 (Amended by No. 99±44 of EO 13138)...... 53879 September 30, 12882 (Amended by 1999 ...... 54503 EO 13138)...... 53879 No. 99±45 of 12888 (See EO September 30, 13140) ...... 55115 1999 ...... 53505

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5 CFR 262...... 53188 157...... 54522 915...... 54840 532...... 53179 602...... 54511 284...... 54522 946...... 54843 831...... 53581 612...... 55621 380...... 54522 948...... 54845 614...... 55621 385...... 54522 842...... 53581 32 CFR 870...... 54761 618...... 55621 Proposed Rules: 1201...... 54507 910...... 55125 385...... 53959 1800...... 53769 7 CFR 14 CFR 19 CFR 33 CFR 210...... 55407 25...... 54761 122...... 53627 100...... 53208, 53628 215...... 55407 36...... 55598 117 ...... 53209, 54776, 55137, 20 CFR 220...... 55407 39 ...... 53189, 53191, 53193, 55419 235...... 55407 53620, 53621, 53623, 53625, Proposed Rules: 165...... 55138, 55420 245...... 55407 54199, 54200, 54202, 54512, 404...... 55214 Proposed Rules: 735...... 54508 54513, 54515, 54517, 54518, 422...... 55216 20...... 53970 915...... 53181 54763, 54767, 54769, 54770, 718...... 54966 100...... 54847, 54849 923...... 53885 54773, 54774, 55407, 55409, 722...... 54966 117...... 55217 944...... 53181 55411, 55413, 55414, 55416, 725...... 54966 165...... 54242, 54963 1000...... 53885 55621, 55624 726...... 54966 175...... 53971 1001...... 53885 71 ...... 53627, 53887, 53888, 727...... 54966 207...... 55441 53889, 53890, 53891, 53892, 1002...... 53885 34 CFR 1004...... 53885 53893, 53894, 53895, 53896, 21 CFR 1005...... 53885 53898, 53899, 54203, 54204, Ch. II ...... 54794 Proposed Rules: 1006...... 53885 54205, 54206, 55131 50...... 54180 75...... 54254 1007...... 53885 93...... 53558 178...... 53925 36 CFR 1012...... 53885 97 ...... 55132, 55133, 55135 312...... 54180 Proposed Rules: 1013...... 53885 Proposed Rules: 558...... 53926 1030...... 53885 39 ...... 53275, 53951, 53953, 878...... 53927 217...... 59074 219...... 59074 1032...... 53885 54227, 54229, 54230, 54232, 900...... 53195 1033...... 53885 54234, 54237, 54239, 54240, Proposed Rules: 37 CFR 1036...... 53885 54242, 54246, 54248, 54249, 5...... 53281 Proposed Rules: 1040...... 53885 54580, 54582, 54584, 54587, 25...... 53281 1044...... 53885 1...... 53772 54589, 54591, 54594, 54596, 314...... 53960 3...... 53772 1046...... 53885 54598, 54795, 54797, 54799, 500...... 53281 1049...... 53885 5...... 53772 54801, 54804, 54808, 54811, 510...... 53281 10...... 53772 1050...... 53885 54815, 54818, 54822, 54826, 558...... 53281 1064...... 53885 54829, 54833, 55177, 55181, 601...... 53960 38 CFR 1065...... 53885 55184, 55188, 55191, 55195, 880...... 53294 1068...... 53885 3...... 54206 55196, 55197, 55200, 55204, 17...... 54207 1076...... 53885 55207, 55211, 55440, 55636, 22 CFR 1079...... 53885 Proposed Rules: 55638, 55640, 55642, 55644 Ch. V...... 54538 1106...... 53885 20...... 53302 71...... 53956, 53957 40...... 55417 1124...... 53885 193...... 53958 42...... 55417 39 CFR 1126...... 53885 450...... 54448 171...... 54538 1131...... 53885 Proposed Rules: 514...... 53928 1134...... 53885 15 CFR 111...... 54255 1135...... 53885 Proposed Rules: 774...... 54520 40 CFR 1137...... 53885 194...... 53632 902...... 54732 52 ...... 53210, 53931, 54559, 1138...... 53885 24 CFR 1139...... 53885 Proposed Rules: 55139, 55141, 55421 1755...... 53886 30...... 53861 200...... 53930 61...... 53212 732...... 53854 882...... 53868 62...... 55141 8 CFR 740...... 53854 888...... 53450 81...... 55421 743...... 53854 Proposed Rules: 25 CFR 180 ...... 54218, 54777, 54779 Ch. 1 ...... 54794 748...... 53854 201...... 55141 750...... 53854 516...... 54541 271 ...... 55142, 55153, 55629 9 CFR 752...... 53854 26 CFR 300...... 53213, 53629 317...... 53186 758...... 53854 Proposed Rules: 381...... 53186 762...... 53854 1...... 55137 49...... 54851 772...... 53854 Proposed Rules: 52 ...... 53303, 53973, 54600, 10 CFR 1...... 54836 54601, 54851, 55219, 55220, 20...... 54543, 55524 17 CFR 27 CFR 55442, 55662, 55667 50...... 53582 210...... 53900 81...... 55442 72...... 53582 228...... 53900 1...... 54776 122...... 53304 431...... 54114 229...... 53900 47...... 55625 123...... 53304 Proposed Rules: 230...... 53900 55...... 55625 124...... 53304 239...... 53900 2...... 55176 28 CFR 130...... 53304 50...... 53270 240...... 53900 131...... 53304 249...... 53900 Ch. I ...... 54794 132...... 53632 11 CFR 260...... 53900 Proposed Rules: 197...... 53304 110...... 55125 Proposed Rules: 571...... 53872 258...... 53976 Proposed Rules: 210...... 55648 261...... 55443 30 CFR 100...... 55440 228...... 55648 264...... 54604 102...... 55440 229...... 55648 250...... 53195 271...... 55222, 55671 104...... 55440 240...... 55648 948...... 53200 950...... 53202 42 CFR 12 CFR 18 CFR Proposed Rules: Proposed Rules: 204...... 53617 2...... 54522 250...... 53298 57...... 54263

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58...... 54263 54...... 53220 20...... 54564 1007...... 53264 447...... 54263 56...... 53220 22...... 53231, 54564 1011...... 53264 57...... 53220 64 ...... 53242, 53944, 54577, 1012...... 53264 43 CFR 58...... 53220 55163, 55164 1014...... 53264 1820...... 53213 59...... 53220 73 ...... 54224, 54225, 54783, 1017...... 53264 3500...... 53512 61...... 53220 54784, 54785, 54786, 55172, 1018...... 53264 3510...... 53512 63...... 53220 55173, 55174, 55434 1019...... 53264 3520...... 53512 64...... 53220 80...... 53231 1021...... 53264 3530...... 53512 67...... 53220 87...... 53231 1034...... 53264 3540...... 53512 68...... 53220 90...... 53231 1039...... 53264 3550...... 53512 69...... 53220 95...... 53231 1100...... 53264 3560...... 53512 76...... 53220 97...... 53231 3570...... 53512 91...... 53220 101...... 53231 1101...... 53264 1103...... 53264 3800...... 53213 95...... 53220 Proposed Rules: Proposed Rules: 98...... 53220 54...... 53648 1104...... 53264 2800...... 55452 105...... 53220 61...... 53648 1105...... 53264 2880...... 55452 107...... 53220 69...... 53648 1113...... 53264 108...... 53220 73 ...... 53655, 54268, 54269, 1133...... 53264 44 CFR 109...... 53220 54270, 55222, 55223, 55452, 1139...... 53264 65 ...... 53931, 53933, 53936 118...... 53220 55453 1150...... 53264 67...... 53938, 53939 125...... 53220 76...... 54854 1151...... 53264 206...... 55158 133...... 53220 1152...... 53264 Proposed Rules: 147...... 53220 48 CFR 1177...... 53264 67...... 53980, 53982 151...... 53220 Ch. 19 ...... 54538 1180...... 53264 153...... 53220 1...... 53264 1184...... 53264 45 CFR 160...... 53220 15...... 53264 Proposed Rules: 161...... 53220 Proposed Rules: 19...... 53264 661...... 54855 302...... 55074 162...... 53220 52...... 53264 303...... 55074 167...... 53220 209...... 55632 304...... 55074 169...... 53220 211...... 55632 50 CFR 305...... 55074 177...... 53220 214...... 55632 216...... 53269 181...... 53220 308...... 55102 237...... 53447 223...... 55434 189...... 53220 252...... 55632 600...... 54786 46 CFR 193...... 53220 415...... 54963 635 ...... 53949, 54577, 55633 1...... 53220 197...... 53220 Proposed Rules: 648...... 54732 2...... 53220 199...... 53220 909...... 55453 660...... 54786 4...... 53220 204...... 54782 970...... 55453 679 ...... 53630, 53950, 54225, 10...... 53220, 53230 Proposed Rules: 1804...... 54270 12...... 53230 5...... 53970 1812...... 54270 54578, 54791, 54792, 55438, 15...... 53220 1852...... 54270 55634 31...... 53220 47 CFR Proposed Rules: 34...... 53220 Ch. I...... 54561, 55671 49 CFR 17...... 53655 38...... 53220 0...... 55161, 55425 172...... 54730 648...... 55688 52...... 53220 1...... 53231 1002...... 53264 660...... 54272, 55689 53...... 53220 13...... 53231 1003...... 53264 679...... 53305

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REMINDERS requirements; comments California; comments due by GENERAL SERVICES The items in this list were due by 10-18-99; 10-22-99; published 9-22- ADMINISTRATION editorially compiled as an aid published 9-17-99 99 Acquisition regulations: to Federal Register users. COMMERCE DEPARTMENT Nevada; comments due by Architect-engineer Inclusion or exclusion from Export Administration 10-21-99; published 10-1- procurements; selection this list has no legal Bureau 99 criteria; comments due by significance. Oregon; comments due by 10-18-99; published 8-17- Export administration 10-21-99; published 9-21- 99 regulations: 99 HEALTH AND HUMAN Commercial charges and RULES GOING INTO South Dakota; comments SERVICES DEPARTMENT devices containing EFFECT OCTOBER 14, due by 10-21-99; Food and Drug 1999 energetic materials; published 9-21-99 exports and reexports; Administration Hazardous waste: comments due by 10-18- Human drugs: AGRICULTURE 99; published 9-1-99 Identification and listingÐ Topical antifungal products DEPARTMENT Dye and pigment (OTC); tentative final COMMERCE DEPARTMENT Food Safety and Inspection industries; comments monograph; comments Service National Oceanic and due by 10-21-99; due by 10-20-99; Atmospheric Administration Meat and poultry inspection: published 9-8-99 published 7-22-99 Countries eligible to export Fishery conservation and Pesticides; tolerances in food, HEALTH AND HUMAN poultry products to United management: animal feeds, and raw SERVICES DEPARTMENT States; addition of Mexico Caribbean, Gulf, and South agricultural commodities: Health Care Financing to list; published 9-14-99 Atlantic fisheriesÐ Glufosinate ammonium; Administration DEFENSE DEPARTMENT Gulf of Mexico Region comments due by 10-18- Group and individual health 99; published 8-18-99 Acquisition regulations: fishery management insurance markets; Federal plans; comments due Pyriproxyfen; comments due enforcement; comments due Brand name or equal by 10-18-99; published by 10-18-99; published 8- by 10-19-99; published 8- purchase descriptions; 8-18-99 18-99 20-99 published 10-14-99 Northeastern United States Superfund program: Medicare: Congressional Medal of fisheriesÐ National oil and hazardous Graduate medical education; Honor; published 10-14-99 Atlantic herring; comments substances contingency incentive payments under GOVERNMENT ETHICS due by 10-18-99; planÐ plans for voluntary OFFICE published 9-16-99 National priorities list reduction in number of Government ethics: update; comments due residents; comments due CONSUMER PRODUCT by 10-18-99; published by 10-18-99; published 8- Public financial disclosure SAFETY COMMISSION gifts waiver provision; 9-17-99 18-99 Consumer Product Safety Act: published 9-14-99 National priorities list HOUSING AND URBAN HOUSING AND URBAN Multi-purpose lighters; child update; comments due DEVELOPMENT DEVELOPMENT resistance standard; by 10-18-99; published DEPARTMENT DEPARTMENT comments due by 10-18- 9-17-99 Acquisition regulations: 99; published 8-4-99 Public and Indian housing: National priorities list; Miscellaneous amendments; DEFENSE DEPARTMENT Drug elimination programs; update; comments due comments due by 10-22- formula allocation funding Civilian health and medical by 10-18-99; published 99; published 8-23-99 system; published 9-14-99 program of uniformed 9-17-99 INTERIOR DEPARTMENT services (CHAMPUS): Water programs: Minerals Management Clean Water ActÐ COMMENTS DUE NEXT Prosthetic devices; Service comments due by 10-19- Water quality planning WEEK Royalty management: 99; published 8-20-99 and management; Federal geothermal ENVIRONMENTAL comments due by 10- resources valuation; AGRICULTURE PROTECTION AGENCY 22-99; published 8-23- comments due by 10-18- DEPARTMENT 99 Air programs; approval and 99; published 8-19-99 Agricultural Marketing Water quality planning promulgation; State plans LABOR DEPARTMENT Service and management; for designated facilities and Occupational Safety and National Pollutant Tomatoes grown inÐ pollutants: Health Administration Florida; comments due by Discharge Elimination Arizona; comments due by System program and Construction safety and health 10-19-99; published 8-20- 10-20-99; published 9-20- standards: 99 Federal antidegradation 99 Fall protection; comments Walnuts grown inÐ policy; comments due Delaware; comments due by by 10-22-99; published due by 10-22-99; California; comments due by 10-18-99; published 9-17- 8-23-99 published 7-14-99 10-18-99; published 8-19- 99 MANAGEMENT AND 99 FEDERAL Delaware; correction; COMMUNICATIONS BUDGET OFFICE AGRICULTURE comments due by 10-18- COMMISSION Federal Procurement Policy DEPARTMENT 99; published 9-29-99 Radio frequency devices: Office Rural Utilities Service Nevada; comments due by Digital television receivers; Acquisition regulations: Telecommunications loan: 10-20-99; published 9-20- closed captioning Cost Accounting Standards General policies, types of 99 requirements; comments BoardÐ loans and loan Air quality implementation due by 10-18-99; Cost accounting practices; requirements; comments plans; approval and published 8-2-99 changes; comments due due by 10-18-99; promulgation; various Radio stations; table of by 10-19-99; published published 9-17-99 States: assignments: 8-20-99 Telecommunications loans: Arizona; comments due by Oregon; comments due by NUCLEAR REGULATORY General policies, types of 10-20-99; published 9-20- 10-18-99; published 9-10- COMMISSION loans and loan 99 99 Radiation protection standards:

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Criticality guidance for low- Airworthiness directives: chapter 12 of title 11, United level waste; proposed States Code, is reenacted. Airbus; comments due by LIST OF PUBLIC LAWS compatibility designation 10-20-99; published 9-20- (Oct. 9, 1999; 113 Stat. 1031) ange; comments due by 99 This is a continuing list of 10-20-99; published 9-20- S. 249/P.L. 106±71 Boeing; comments due by public bills from the current 99 10-18-99; published 9-2- session of Congress which Missing, Exploited, and Spent nuclear fuel and high- 99 have become Federal laws. It Runaway Children Protection level radioactive waste; Act (Oct. 12, 1999; 113 Stat. Eurocopter France; may be used in conjunction independent storage; 1032) comments due by 10-22- with ``P L U S'' (Public Laws licensing requirements: 99; published 8-23-99 Update Service) on 202±523± Last List October 8, 1999 Approved spent fuel storage Airworthiness standards: 6641. This list is also casks; list additions; available online at http:// comments due by 10-22- Transport category www.nara.gov/fedreg. 99; published 9-22-99 airplanesÐ The text of laws is not Public Laws Electronic POSTAL RATE COMMISSION Landing gear shock published in the Federal Notification Service Practice and procedure: absorption test requirements; comments Register but may be ordered (PENS) Library reference rule; due by 10-18-99; in ``slip law'' (individual comments due by 10-20- published 6-18-99 pamphlet) form from the 99; published 9-30-99 Superintendent of Documents, Class E airspace; comments PENS is a free electronic mail RAILROAD RETIREMENT U.S. Government Printing due by 10-18-99; published notification service of newly BOARD Office, Washington, DC 20402 8-27-99 enacted public laws. To Emergency regulations: (phone, 202±512±1808). The subscribe, go to www.gsa.gov/ Schools and other certificated Plan of operation during text will also be made archives/publaws-l.html or agencies: national emergency; available on the Internet from send E-mail to procedures update; Repair stations; Part 145 GPO Access at http:// [email protected] with comments due by 10-18- review; comments due by www.access.gpo.gov/nara/ the following text message: 99; published 8-17-99 10-19-99; published 6-21- index.html. Some laws may 99 not yet be available. SUBSCRIBE PUBLAWS-L TRANSPORTATION Your Name. DEPARTMENT TREASURY DEPARTMENT H.R. 2084/P.L. 106±69 Federal Aviation Internal Revenue Service Department of Transportation Note: This service is strictly Administration Procedure and administration: and Related Agencies for E-mail notification of new Air carrier certification and Compromises of internal Appropriations Act, 2000 (Oct. laws. The text of laws is not operations: revenue taxes; cross 9, 1999; 113 Stat. 986) available through this service. Aging airplane safety; reference; comments due S. 1606/P.L. 106±70 PENS cannot respond to comments due by 10-18- by 10-19-99; published 7- To extend for 9 additional specific inquiries sent to this 99; published 8-18-99 21-99 months the period for which address.

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