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1 II Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000

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2 III

Contents Federal Register Vol. 65, No. 27

Wednesday, February 9, 2000

Agricultural Marketing Service NOTICES RULES Agency information collection activities: Nectarines and peaches grown in— Submission for OMB review; comment request, 6355– California, 6305–6308 6356 Spearmint oil produced in Far West, 6308–6312 PROPOSED RULES Commodity Futures Trading Commission Raisins produced from grapes grown in— NOTICES California, 6341–6344 Contract market proposals: NOTICES Chicago Mercantile Exchange— Grants and cooperative agreements; availability, etc.: Five year and ten year agency notes, 6361 Federal-State Marketing Improvement Program; correction, 6353 Consumer Product Safety Commission NOTICES Agriculture Department Agency information collection activities: See Agricultural Marketing Service Proposed collection; comment request, 6361–6362 See Animal and Plant Health Inspection Service Meetings; Sunshine Act, 6362 See Forest Service See Natural Resources Conservation Service Drug Enforcement Administration NOTICES Applications, hearings, determinations, etc.: Animal and Plant Health Inspection Service B.I. Chemicals, Inc., 6395 RULES Glaxo Wellcome, Inc., 6395 Animal welfare: Mallinckrodt, Inc., 6396 Field study; definition, 6312–6314 Economic Analysis Bureau Census Bureau NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 6357–6358 Proposed collection; comment request, 6356–6357 Education Department Centers for Disease Control and Prevention NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings: Jacob K. Javits gifted and talented students education National Vaccine Advisory Committee, 6374 program, 6520–6521 State educational agencies; submission of expenditure and Children and Families Administration revenue data, etc., 6362–6363 NOTICES Energy Department Agency information collection activities: See Federal Energy Regulatory Commission Proposed collection; comment request, 6374–6376 See Hearings and Appeals Office, Energy Department Reporting and recordkeeping requirements, 6376 NOTICES Electricity export and import authorizations, permits, etc.: Coast Guard Tractebel Energy Marketing, Inc., 6363–6364 RULES Meetings: Drawbridge operations: Environmental Management Site-Specific Advisory Massachusetts, 6325–6327 Board, 6364–6365 Vessel inspection; frequency, 6494–6510 PROPOSED RULES Environmental Protection Agency Merchant marine officers and seamen: RULES Manning requirements— Air quality implementation plans; approval and Federal pilotage for foreign-trade vessels in Maryland, promulgation; various States: 6350–6351 Iowa; plan identification; effective date note; CFR NOTICES correction, 6327 Agency information collection activities: NOTICES Proposed collection; comment request, 6437–6438 Pesticide registration, cancellation, etc.: Burkholderia cepacia strain Ral-3, 6369–6370 Commerce Department Pesticides; experimental use permits, etc.: See Census Bureau Monsanto Co., 6370–6371 See Economic Analysis Bureau Reports and guidance documents; availability, etc.: See Export Administration Bureau Chesapeake Bay Program; participating organizations— See International Trade Administration Qualifications and preliminary proposals for See National Oceanic and Atmospheric Administration communications, outreach, and education, 6371

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Executive Office of the President Comprehensive conservation plans; availability, etc.: See Presidential documents Nisqually National Wildlife Refuge, WA, 6390–6391 Endangered and threatened species permit applications, Export Administration Bureau 6391–6392 NOTICES Meetings: Food and Drug Administration President’s Export Council, 6358 NOTICES Meetings: Federal Aviation Administration Psychopharmacologic Drugs Advisory Committee, 6377 RULES Reports and guidance documents; availability, etc.: Airworthiness directives: Special Protocol Assessment; industry guidance, 6377– Boeing; correction, 6444 6380 Class D and Class E airspace, 6320–6321 Standard instrument approach procedures, 6321–6325 NOTICES Forest Service International slots for winter 2000/2001 scheduling season; NOTICES submission deadline, 6438 Environmental statements; notice of intent: Fernow Experimental Forest, WV, 6353–6354 Federal Deposit Insurance Corporation Meetings: NOTICES Resource Advisory Councils— Agency information collection activities: John Day Snake, 6354–6355 Proposed collection; comment request, 6371–6372 General Services Administration Federal Election Commission NOTICES NOTICES Inquiry as to availability; form cancellation, 6373 Meetings; Sunshine Act, 6372 Health and Human Services Department Federal Energy Regulatory Commission See Centers for Disease Control and Prevention NOTICES See Children and Families Administration Electric rate and corporate regulation filings: See Food and Drug Administration Cinergy Services, Inc., et al., 6366–6369 See Health Care Financing Administration Applications, hearings, determinations, etc.: See Health Resources and Services Administration Interenergy Sheffield Processing Co. et al., 6365 See National Institutes of Health Questar Southern Trails Pipeline Co., 6365 See Substance Abuse and Mental Health Services Tennessee Gas Pipeline Co., 6365–6366 Administration NOTICES Federal Highway Administration Meetings: PROPOSED RULES HIV/AIDS Presidential Advisory Council, 6373 Engineering and traffic operations: Vital and Health Statistics National Committee, 6373– Utilities, 6344–6350 6374 Federal Maritime Commission NOTICES Health Care Financing Administration Agreements filed, etc., 6372 NOTICES Freight forwarder licenses: Medicare: Logis Services of America, Inc., 6372–6373 Ambulatory surgical center payment rates update, 6380– 6383 Federal Railroad Administration NOTICES Health Resources and Services Administration Agency information collection activities: NOTICES Proposed collection; comment request, 6438–6441 Grants and cooperative agreements; availability, etc.: 340B Drug Pricing Program, 6383 Federal Reserve System RULES Hearings and Appeals Office, Energy Department Procedure rules: RULES Federal Open Market Committee; technical amendment, Contractor employee protection program; criteria and 6319–6320 procedures, 6314–6319 NOTICES Meetings; Sunshine Act, 6373 Housing and Urban Development Department Fish and Wildlife Service RULES RULES Acquisition regulations: Endangered and threatened species: Miscellaneous amendments; correction, 6444 Kneeland Prairie Penny-Cress, 6332–6338 NOTICES Interior Department Agency information collection activities: See Fish and Wildlife Service Proposed collection; comment request, 6388–6390 See National Park Service Submission for OMB review; comment request, 6390 See Reclamation Bureau

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Internal Revenue Service National Institute of Environmental Health Sciences, NOTICES 6388 Meetings: National Institute of Mental Health, 6387 Citizen Advocacy Panels— National Institute on Deafness and Other Communication Midwest District, 6443 Disorders, 6388

International Trade Administration National Oceanic and Atmospheric Administration NOTICES PROPOSED RULES Antidumping: Fishery conservation and management: Circular welded carbon steel pipes and tubes from— West Coast States and Western Pacific fisheries— Taiwan, 6359 Pacific Fishery Management Council; hearings, 6351– Cut-to-length carbon steel plate from— 6352 Mexico, 6359–6360 NOTICES Polyethylene terephthalate, film, sheet, and strip from— Marine mammals: Korea, 6360 Permit applications, 6360–6361 Antidumping and countervailing duties: New steel rail from— National Park Service Canada, 6358–6359 NOTICES Environmental statements; availability, etc.: International Trade Commission Dyke Marsh Wildlife Preserve, VA, 6392 NOTICES Meetings; Sunshine Act, 6394 National Science Foundation Justice Department NOTICES See Drug Enforcement Administration Antarctic Conservation Act of 1978; permit applications, See Juvenile Justice and Delinquency Prevention Office etc., 6398 See National Institute of Corrections Antarctic Conservation Act of 1978; permit applications, NOTICES etc., 6398 Agency information collection activities: Proposed collection; comment request, 6394–6395 Natural Resources Conservation Service NOTICES Juvenile Justice and Delinquency Prevention Office Conservation Practices National Handbook: NOTICES Conservation practice standards, new or revised; Grants and cooperative agreements; availability, etc.: comment request, 6355 Mental health and juvenile justice, effective service delivery, 6512–6517 Nuclear Regulatory Commission NOTICES National Aeronautics and Space Administration Agency information collection activities: NOTICES Proposed collection; comment request, 6398–6399 Agency information collection activities: Commercial nuclear power plants; licensee performance; Proposed collection; comment request, 6397 integrated review of assessment process, 6399–6401 Submission for OMB review; comment request, 6397– Environmental statements; availability, etc.: 6398 Private Fuel Storage, L.L.C., 6401–6402 Operating licenses, amendments; no significant hazards National Highway Traffic Safety Administration considerations; biweekly notices, 6402–6417 RULES Motor vehicle safety standards: Personnel Management Office Hydraulic brake systems— PROPOSED RULES Passenger car brake systems, 6327–6332 NOTICES Absence and leave: Agency information collection activities: Sick leave for family care purposes, 6339–6341 Submission for OMB review; comment request, 6441– 6442 Presidential Documents ADMINISTRATIVE ORDERS National Institute of Corrections Internationaal entities; certification against withholding NOTICES funds (Presidential Determination No. 2000- Grants and cooperative agreements; availability, etc.: 10)[Editorial Note: This document, published at 65 F.R. Community Restorative Justice Outcomes/Measurements 1095 in the Federal Register of February 4, 2000, this and Evaluation, 6396–6397 Presidential document, published at 65 FR 5407, was incorrectly listed as a Memorandum of January 31, National Institutes of Health 2000.] NOTICES Inventions, Government-owned; availability for licensing; Public Health Service correction, 6444 See Centers for Disease Control and Prevention Meetings: See Food and Drug Administration Center for Scientific Review, 6383–6386 See Health Resources and Services Administration National Cancer Institute, 6386–6387 See National Institutes of Health National Institute of Child Health and Human See Substance Abuse and Mental Health Services Development, 6387 Administration

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Reclamation Bureau Substance Abuse and Mental Health Services NOTICES Administration Privacy Act: NOTICES Systems of records, 6393–6394 Meetings: Center for Substance Abuse Prevention— Research and Special Programs Administration Drug Testing Advisory Board, 6388 NOTICES Meetings: Transportation Department Pipeline safety— See Coast Guard Damage Prevention (‘‘path forward’’), 6442 See Federal Aviation Administration Securities and Exchange Commission See Federal Highway Administration See Federal Railroad Administration RULES See National Highway Traffic Safety Administration Electronic Data Gathering, Analysis, and Retrieval See Research and Special Programs Administration (EDGAR): RULES Filer Manual— Procedural regulations: Update adoption and incorporation by reference; Practice rules in proceedings; Federal regulatory review, correction, 6444 NOTICES 6446–6491 NOTICES Agency information collection activities: Meetings: Proposed collection; comment request, 6417–6419 Aviation, Marine, and Land Radionavigation Users Investment Company Act of 1940: Conference, 6437 Exemption applications— Ark Funds, et al., 6423–6425 Options Price Reporting Authority: Treasury Department Consolidated options last sale reports and quotation See Internal Revenue Service information; reporting plan Correction, 6444 United States Sentencing Commission Self-regulatory organizations; proposed rule changes: NOTICES Chicago Stock Exchange, 6425–6427 Sentencing guidelines and policy states for Federal courts, Municipal Securities Rulemaking Board, 6427–6430 6434–6436 National Association of Securities Dealers, Inc., 6430– 6432 Veterans Affairs Department New York Stock Exchange, Inc., 6432–6434 NOTICES Philadelphia Stock Exchange, Inc., 6434 Agency information collection activities: Applications, hearings, determinations, etc.: Submission for OMB review; comment request, 6443 Public utility holding company filings, 6419–6420 Scudder Global Fund, Inc., et al., 6420–6423 Invalid Status Code Separate Parts In This Issue Self-regulatory organizations; proposed rule changes: Municipal Securities Rulemaking Board; correction, 6444 Part II Sentencing Commission, United States Department of Transportation, 6445–6491 See United States Sentencing Commission Part III Small Business Administration Department of Transportation, Coast Guard, 6493–6510 NOTICES Disaster loan areas: Part IV Pennsylvania, 6436 Department of Justice, Juvenile Justice and Delinquency Prevention Office, 6511–6517 Special Counsel Office NOTICES Part V Privacy Act: Department of Education , 6519–6521 Systems of records, 6436 State Department NOTICES Reader Aids Meetings: Consult the Reader Aids section at the end of this issue for International Telecommunications Advisory Committee, phone numbers, online resources, finding aids, reminders, 6437 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.

5 CFR 49 CFR Proposed Rules: 571...... 6327 630...... 6339 50 CFR 7 CFR 17...... 6332 916...... 6305 Proposed Rules: 917...... 6305 660...... 6351 985...... 6308 Proposed Rules: 989...... 6341 9 CFR 1...... 6312 10 CFR 708...... 6314 12 CFR 272...... 6319 14 CFR 39...... 6444 71...... 6320 97 (2 documents) ...... 6321, 6324 200...... 6446 211...... 6446 213...... 6446 216...... 6446 291...... 6446 300...... 6446 302...... 6446 303...... 6446 305...... 6446 377...... 6446 385...... 6446 399...... 6446 17 CFR 232...... 6444 23 CFR Proposed Rules: 645...... 6344 33 CFR 117 (2 documents) ...... 6325, 6326 40 CFR 52...... 6327 46 CFR 2...... 6494 30...... 6494 31...... 6494 52...... 6494 61...... 6494 71...... 6494 90...... 6494 91...... 6494 98...... 6494 107...... 6494 110...... 6494 114...... 6494 115...... 6494 125...... 6494 126...... 6494 132...... 6494 133...... 6494 134...... 6494 167...... 6494 169...... 6494 175...... 6494 176...... 6494 188...... 6494 189...... 6494 195...... 6494 199...... 6494 Proposed Rules: 15...... 6350 48 CFR 2432...... 6444

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Rules and Regulations Federal Register Vol. 65, No. 27

Wednesday, February 9, 2000

This section of the FEDERAL REGISTER Administration Branch, Fruit and later than 20 days after the date of the contains regulatory documents having general Vegetable Programs, AMS, USDA, room entry of the ruling. applicability and legal effect, most of which 2525–S, PO Box 96456, Washington, DC This final rule revises the orders’ are keyed to and codified in the Code of 20090–6456; telephone: (202) 720–2491, rules and regulations pertaining to Federal Regulations, which is published under Fax: (202) 720–5698. reporting requirements under the 50 titles pursuant to 44 U.S.C. 1510. Small businesses may request orders. This rule establishes procedures The Code of Federal Regulations is sold by information on complying with this in the orders’ rules and regulations for the Superintendent of Documents. Prices of regulation by contacting Jay Guerber, handlers to file reports on the new books are listed in the first FEDERAL Marketing Order Administration destinations of their shipments of fresh REGISTER issue of each week. Branch, Fruit and Vegetable Programs, nectarines and peaches. Under the AMS, USDA, P.O. Box 96456, room orders the term ‘‘handler’’ is 2525–S, Washington, DC 20090–6456; synonymous with the term ‘‘shipper.’’ DEPARTMENT OF AGRICULTURE telephone: (202) 720–2491, Fax: (202) This rule was unanimously recommended by the committees at Agricultural Marketing Service 205–5698, or E-mail: [email protected]. their meetings on December 2, 1998. In §§ 916.60 and 917.50 of the orders, 7 CFR Parts 916 and 917 SUPPLEMENTARY INFORMATION: This rule authority is provided for the committees [Docket No. FV99±916±3 FR] is issued under Marketing Agreements to require handlers to file reports with Nos. 124 and 85, and Marketing Order the committees. The information Nectarines and Peaches Grown in Nos. 916 and 917 (7 CFR parts 916 and authorized includes, but is not limited California; Revision of Reporting 917) regulating the handling of to: (1) The name of the shipper and the Requirements nectarines and peaches grown in shipping point; (2) The car or truck California, respectively, hereinafter license number (or name of the trucker), AGENCY: Agricultural Marketing Service, referred to as the ‘‘orders.’’ The and identification of the carrier; (3) The USDA. marketing agreements and orders are date and time of departure; (4) The ACTION: Final rule. effective under the Agricultural number and type of containers in the Marketing Agreement Act of 1937, as SUMMARY: This rule revises the rules and shipment; (5) The quantities shipped, amended (7 U.S.C. 601–674), hereinafter showing separately the variety, grade, regulations of the marketing orders referred to as the ‘‘Act.’’ (orders) for fresh nectarines and peaches and size of the fruit; (6) The destination; The Department of Agriculture and (7) The identification of the grown in California pertaining to (Department) is issuing this rule in reporting requirements. The orders inspection certificate or waiver pursuant conformance with Executive Order to which the fruit was handled. regulate the handling of nectarines and 12866. peaches grown in California and are Handlers have not been required to This final rule has been reviewed administered locally by the Nectarine report the destinations of their under Executive Order 12988, Civil Administrative and Peach Commodity shipments of fresh nectarines and Justice Reform. This rule is not intended Committees (committees). Under the peaches. to have retroactive effect. This rule will orders, authority is provided for the The Nectarine Administrative not preempt any State or local laws, committees to require handlers to file Committee’s (NAC) and the Peach regulations, or policies, unless they reports on the destinations of their Commodity Committee’s (PCC) present an irreconcilable conflict with shipments of fresh nectarines and discussions on destination reports were this rule. peaches. This rule will require handlers prompted by recommendations of two to file such destination reports. The Act provides that administrative subcommittees which met prior to the Additional and timely information will proceedings must be exhausted before December 2, 1998, committee meetings. thus be available to the committees and parties may file suit in court. Under At a Domestic Promotion Subcommittee industry, facilitating improved decision section 608c(15)(A) of the Act, any meeting, the merits of destination making and program administration handler subject to an order may file reports were discussed, among other with regard to marketing research and with the Secretary a petition stating that issues. The subcommittee unanimously development, and promotional the order, any provision of the order, or recommended adding a requirement to activities. any obligation imposed in connection the orders’ rules and regulations for with the order is not in accordance with destination reports. The subcommittee EFFECTIVE DATE: This final rule becomes law and request a modification of the believed that having information about effective March 10, 2000. order or to be exempted therefrom. A markets to which nectarines and FOR FURTHER INFORMATION CONTACT: handler is afforded the opportunity for peaches are shipped will be a valuable Terry Vawter, Marketing Specialist, a hearing on the petition. After the marketing tool. The members believed California Marketing Field Office, hearing the Secretary would rule on the that such information will allow the Marketing Order Administration petition. The Act provides that the subcommittee to target markets more Branch, Fruit and Vegetable Programs, district court of the United States in any effectively for promotion, and permit a AMS, USDA, 2202 Monterey Street, district in which the handler is an more effective analysis of the suite 102B, Fresno, California 93721; inhabitant, or has his or her principal effectiveness of industry funded media telephone: (559) 487–5901, Fax: (559) place of business, has jurisdiction to and promotional campaigns. At an 487–5906; or George Kelhart, Technical review the Secretary’s ruling on the International Programs Subcommittee Advisor, Marketing Order petition, provided an action is filed not meeting, the merits of destination

VerDate 272000 13:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm01 PsN: 09FER1 6306 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations reports also were discussed. The those that have not, and determine the nectarines or peaches, a handler would members of this subcommittee also reason(s) for any lack of success. The have to ship at least 555,000 boxes to believed that such reports will provide industries have long recognized the have annual receipts of $5,000,000. Less invaluable information to assist the importance of this information in than 20 handlers ship more than NAC and PCC in targeting their making their promotion activities more 555,000 boxes of nectarines and/or promotional activities in the most- effective and in helping to sell more peaches. Small handlers would, promising markets for these two fruits. nectarines and peaches. They have tried therefore, represent approximately 94 The NAC and PCC discussed the voluntary reporting, but this has not percent of the handlers within the subcommittees’ recommendations and worked. industry. In addition, there are the merits of destination reporting. Both The shipping season for nectarines approximately 400 producers who could the NAC and PCC agreed that the begins April 1 and ends on October 31 be defined as other than small entities. establishment of such a report requiring of each year, and the shipping season If the average producer price received each handler to list the destination of for peaches begins on April 1 and ends were $6.00 per box or box equivalent for his/her shipments of nectarines and on November 23 of each year. The nectarines and $5.65 per box or box peaches in both domestic and destination report will be required from equivalent for peaches, producers international markets will provide all handlers by the fifteenth of the would have to produce approximately invaluable information and greatly month following the month in which 84,000 boxes or box equivalents of benefit the industries. the shipments were made. Handlers will nectarines and approximately 89,000 With destination information from be required to report the number of boxes or box equivalents of peaches to handlers, the committees will be able to packages of peaches and nectarines have annual receipts of $500,000. More make better-informed decisions about shipped to each destination, and than 1,400 producers produce less than marketing research and development indicate whether the fruit were white- 84,000 boxes of nectarines or 89,000 projects conducted, and gauge the fleshed or yellow-fleshed, and whether boxes of peaches. Therefore, small success of such activities knowing the the fruit were ‘‘CA Utility’’ quality. producer entities would represent volume of fruit shipped to various Destination information for domestic approximately 78 percent of the markets. With this information, the market shipments will include the city producers within the industry. For these committees will also be able to direct and state, and zip code, if known. reasons, a majority of the handlers and their marketing research and Destination information for producers may be classified as small development activities and funds to the international market shipments will entities. most-promising markets, and tailor the include the country to which shipped. This final rule revises §§ 916.160 and activities to meet the needs of the Pursuant to requirements set forth in 917.178 of the orders’ administrative particular markets, focus on the more the Regulatory Flexibility Act (RFA), the rules and regulations to require handlers successful promotional activities, and Agricultural Marketing Service (AMS) to file destination reports on a monthly target markets based on consumption. has considered the economic impact of basis during the shipping season by Current market analysis tools, such as this action on small entities. adding a new paragraph (c) to each consumer and retail surveys, provide Accordingly, AMS has prepared this section. The information obtained from useful information based on a small final regulatory flexibility analysis. such reports will improve decision group of respondents, but specific The purpose of the RFA is to fit making and program administration shipment and destination information regulatory actions to the scale of with regard to marketing research and will enable the committees to direct business subject to such actions in order development activities undertaken to their activities to the most successful that small businesses will not be unduly expand shipments of fresh nectarines markets, and perform a more thorough or disproportionately burdened. and peaches domestically and in foreign analysis of the benefits of their Marketing orders issued pursuant to the markets. promotional activities. Act, and rules issued thereunder, are Two comments were received as a Without exact destination unique in that they are brought about result of a proposed rule published in information, the committees do not through group action of essentially the Federal Register on June 7, 1999 (64 know precisely the quantities of small entities acting on their own FR 30252). The commenters raised nectarines and peaches shipped to behalf. Thus, both statutes have small issues concerning both the initial various markets, and, therefore, may be entity orientation and compatibility. regulatory impact analysis and the spending funds on promotional There are approximately 300 information collection requirements, as activities not appropriate for the California nectarine and peach handlers proposed. These comments are particular market. Experience has subject to regulation under the orders discussed more fully later in this shown that certain types of promotion covering nectarines and peaches grown document. are appropriate for developing markets in California, and about 1,800 producers Requiring handlers to file this report and other activities are more of these fruits in California. Small on a monthly basis will impose an appropriate when trying to expand agricultural service firms, which additional reporting burden on both markets. With the ability to determine includes handlers, have been defined by small and large handlers. The report is the markets to which nectarines and the Small Business Administration (13 estimated to take three-quarters of an peaches are not shipped, the committees CFR 121.201) as those whose annual hour to complete. It is further estimated will have the ability to direct their receipts are less than $5,000,000. Small that handlers will file an average of four marketing research and promotion agricultural producers are defined as destination reports per year, creating an funds to open those markets for future those having annual receipts of less than estimated total annual burden of three shipments. In addition, such $500,000. hours per handler. The total industry information will permit the committees Based upon committees’ staff data, it annual burden is, therefore, estimated at to constructively evaluate the is estimated that there are less than 20 approximately 900 hours per year for effectiveness of their marketing handlers in the industry who could be nectarine and peach shipments each. promotion and research programs by defined as other than small entities. If Although this action creates an helping them get a better handle on the average handler price received were additional burden on handlers of fresh promotions that have been working and $9.00 per box or box equivalent of nectarines and peaches, the benefits of

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One commenter, a handler, to make better-informed decisions about require destination reports from made two points concerning the marketing research and promotion fund nectarine and peach handlers. proposed rule. First, the commenter was expenditures and activities undertaken. During the deliberations, some of the view that the proposed Such reports and forms will be filed by committee members indicated their information to be collected was not all handlers, regardless of size; and thus, concern that destination information necessary to ensure the high quality of the increased burden will be equitably will not be kept confidential by nectarines and peaches and adequate distributed to all handlers. Finally, as committee staff. The Act states, in part, returns to producers. This commenter with all Federal marketing order in § 608d(2), that ‘‘all information went on to state that the marketing programs, reports and forms are furnished to or acquired by the orders have never been concerned with periodically reviewed to reduce Secretary of Agriculture pursuant to this the returns to the producer, only moving information requirements and section, as well as information for the crop at whatever price necessary to duplication by industry and public- marketing order programs that is move it, in addition to collecting the sector agencies. categorized as trade secrets and mandatory assessment. The Department In accordance with the Paperwork commercial or financial information disagrees with the commenter’s views. Reduction Act of 1995 (44 U.S.C. * * *, shall be kept confidential by all The marketing orders were issued Chapter 35), the information collection officers and employees of the consistent with the provisions of the requirements that are contained in this Department of Agriculture.’’ In addition, Act. The regulations issued in this rule have been approved by the Office §§ 916.60(d) and 917.50(d) of the orders rulemaking are authorized under the of Management and Budget (OMB) and also require committee employees to orders and their purpose is to provide have been assigned OMB No. 0581–0072 maintain confidentiality of all reports additional and timely information to the for documents required under the and records submitted by handlers. committees and the industries, thereby nectarine marketing order, and OMB Therefore, each handler is generally facilitating improved decision making No. 0581–0080 for documents required protected against disclosure of any and program administration with regard under the peach marketing order. The confidential information the handler to marketing research and development, estimated burden has been revised furnishes to the committees. Further, and promotional activities. Accordingly, based upon a comment received. The under the Act, persons found guilty of the Department believes that the revised estimated total annual burden revealing confidential information could information required by the regulations for nectarine and peach handlers is be subject to a fine, imprisonment, or is needed to accomplish their stated reduced from 1,200 hours to 900 hours. both, or could be removed from office. objectives. As previously stated, this comment is The committee meetings were widely With regard to the commenter’s discussed more fully later in the publicized throughout the tree fruit second point, the commenter stated that document. In addition, the Department industry and all interested persons were the number of producers that are small has not identified any relevant Federal invited to express their views and entities should be based on an average rules that duplicate, overlap, or conflict participate in committee deliberations of boxes shipped over 3–5 years. The with this final rule. on all issues. Like all committee regulatory flexibility analysis discusses An alternative to this action would be meetings, the December 2, 1998, and sets forth the identification and to continue operations without required meetings were public meetings, and all estimates of small entities under criteria destination reporting. Most committee entities, large and small, were able to established by the Small Business members agreed that the value of having express their views on this issue. The Administration. The information is destination information outweighed the subcommittee meetings were also public based on the most current and accurate burden on handlers of filing such meetings at which large and small information available, and, as such, the reports in terms of targeting marketing entities were invited to express their Department believes is best suited to and promotion funds and activities. In views and participate in all accomplish the objectives of the recent years, the committees have deliberations. Finally, interested Regulatory Flexibility Act and this decided to keep their marketing and persons were invited to submit program. The commenter went on to promotion expenses relatively constant. information on the regulatory and state that there should be a minimum of Because of this, the committee members informational impacts of this action on perhaps 50,000 shipped boxes before a felt that greater emphasis should be small businesses. destination report should be required of placed on using the funds to their A proposed rule concerning this producers who are also handlers. While greatest advantage. action was published in the Federal minimum exemptions are and have All committee members agreed that Register on June 7, 1999 (64 FR 30252). been used as an alternative in a variety continuing to spend promotion funds, The proposal also announced AMS’s of regulatory schemes, they may not be without the information to be provided intent to request a revision to the appropriate in all programs. For by destination reports, was not in the currently approved information example, with regard to this program, a best interest of the industries. Further, collection requirements issued under second commenter noted that given the as the percentage of promotion funds the orders. Copies of the proposal were structure of the industries, it was either decreases or remains constant in also mailed to handlers on June 9, 1999, important that all handlers report their relationship to total committee funds, by the California Tree Fruit Agreement destinations and that the report be and as shipments of nectarines and staff, who conduct day-to-day business compiled collectively to measure trends peaches increase over time, detailed operations for the committees. Finally, and to analyze marketing effectiveness. information on the destinations of the proposed rule was made available Accordingly, given the purpose and nectarine and peach shipments will be through the Internet by the Office of the nature of these regulations, the

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Department does not believe that a will tend to effectuate the declared international market. Destination minimum exemption is appropriate. policy of the Act. information for domestic market Further, based upon information in shipments shall include the city and List of Subjects another comment received concerning state, and zip code, if known. the proposed rule, the committees have 7 CFR Part 916 Destination information for revised the detail in the forms to be Marketing agreements, Nectarines, international market shipments shall used to further minimize the burden. Reporting and recordkeeping include the country to which shipped. The second commenter, the manager requirements. This report shall be submitted by the of the California Tree Fruit Agreement, fifteenth of each month following the the body which manages the PCC and 7 CFR Part 917 month in which peach shipments were NAC, supported the proposed rule, Marketing agreements, Peaches, Pears, made. stating that destination reports will help Reporting and recordkeeping Dated: February 3, 2000. in providing information for the requirements. committees to make long-term decisions Robert C. Keeney, designed to improve the marketing of For the reasons set forth in the Deputy Administrator, Fruit and Vegetable nectarines and peaches grown in preamble, 7 CFR parts 916 and 917 are Programs. California. This commenter noted, as amended as follows: [FR Doc. 00–2978 Filed 2–8–00; 8:45 am] well, the importance of requiring all 1. The authority citation for 7 CFR BILLING CODE 3410±02±P handlers to file destination reports. This parts 916 and 917 continues to read as commenter also discussed requirements follows: for similar information in other Authority: 7 U.S.C. 601–674. DEPARTMENT OF AGRICULTURE programs, the confidentiality of the Agricultural Marketing Service information submitted, and the need to PART 916ÐNECTARINES GROWN IN finalize this action as soon as possible. CALIFORNIA 7 CFR Part 985 The comment went on to state that the 2. In § 916.160, paragraph (c) is added NAC and the PCC have revised the [Docket No. FV±00±985±1 FR] to read as follows: destination reports since the proposed rule was issued to make it more simple § 916.160 Reporting procedure. Marketing Order Regulating the for handlers to complete. For example, * * * * * Handling of Spearmint Oil Produced in requested information concerning grade (c) Destination report. Each shipper the Far West; Salable Quantities and and size has been removed, and zip who ships nectarines shall furnish to Allotment Percentages for the 2000± code information would be required the manager of the Nectarine 2001 Marketing Year only if known by the handler. Reporting Administrative Committee a report of AGENCY: Agricultural Marketing Service, ‘‘CA Utility’’ quality fruit also would be the number of packages of nectarines USDA. required. It was suggested that the shipped to each destination, and ACTION: Final rule. computer technology that is being used whether the nectarines were yellow- in the industries may also assist fleshed or white-fleshed, and whether SUMMARY: This rule establishes the handlers in completing the destination the nectarines were ‘‘CA Utility’’ quantity of spearmint oil produced in report in less time that it would take to quality. The destination is defined as the Far West, by class, that handlers complete the report by hand. nectarine shipments to any domestic or may purchase from, or handle for, The Department has revised its international market. Destination producers during the 2000–2001 estimate of the time it would take to information for domestic market marketing year, which begins on June 1, complete the destination report from shipments shall include city and state, 2000. This rule establishes salable one hour to three-quarters of an hour. and zip code, if known. Destination quantities and allotment percentages for The revised estimated total annual information for international market Class 1 (Scotch) spearmint oil of burden to nectarine and peach handlers shipments shall include the country to 1,211,207 pounds and 65 percent, is reduced from 1,200 hours to 900 which shipped. This report shall be respectively, and for Class 3 (Native) hours. submitted by the fifteenth of each spearmint oil of 1,033,648 pounds and Accordingly, appropriate changes month following the month in which 50 percent, respectively. The Spearmint have been made to the rule as proposed, nectarine shipments were made. Oil Administrative Committee based on this second comment. Finally, (Committee), the agency responsible for this rule will be effective for the PART 917ÐPEACHES GROWN IN local administration of the marketing beginning of the 2000 shipping season. CALIFORNIA A small business guide on complying order for spearmint oil produced in the Far West, recommended this rule for the with fruit, vegetable, and specialty crop 3. In § 917.178, paragraph (c) is added purpose of avoiding extreme marketing agreements and orders may to read as follows: be viewed at the following website: fluctuations in supplies and prices, and http://www.ams.usda.gov/fv/ § 917.178 Peaches. thus help to maintain stability in the moab.html. Any questions about the * * * * * spearmint oil market. compliance guide should be sent to Jay (c) Destination report. Each shipper EFFECTIVE DATE: June 1, 2000. Guerber at the previously mentioned who ships peaches shall furnish to the FOR FURTHER INFORMATION CONTACT: address in the FOR FURTHER INFORMATION manager of the Control Committee a Robert J. Curry, Northwest Marketing CONTACT section. report of the number of packages of Field Office, Marketing Order After consideration of all relevant peaches shipped to each destination, Administration Branch, Fruit and matters presented, including the and whether the peaches shipped were Vegetable Programs, AMS, USDA, 1220 information and recommendation yellow-fleshed or white-fleshed, and SW Third Avenue, room 369, Portland, submitted by the committees and other whether the peaches were ‘‘CA Utility’’ Oregon 97204; telephone: (503) 326– available information, it is hereby found quality. The destination is defined as 2724; Fax: (503) 326–7440; or George that this rule, as hereinafter set forth, peach shipments to any domestic or Kelhart, Technical Advisor, Marketing

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Order Administration Branch, Fruit and petition, provided an action is filed not for Scotch spearmint oil could maintain Vegetable Programs, AMS, USDA, room later than 20 days after the date of the market stability by avoiding extreme 2525–S, PO Box 96456, Washington, DC entry of the ruling. fluctuations in supplies and prices, and 20090–6456; telephone: (202) 720–2491; Pursuant to the authority in sections would help the industry remain Fax: (202) 720–5698. 985.50, 985.51, and 985.52 of the order, competitive on an international level by Small businesses may request the Committee recommended the hopefully regaining more of the Far information on complying with this salable quantities and allotment West’s historical share of the global regulation by contacting Jay Guerber, percentages for the 2000–2001 market. Marketing Order Administration marketing year at its October 6, 1999, The order has contributed extensively Branch, Fruit and Vegetable Programs, meeting. With 7 members in favor and to the stabilization of producer prices, AMS, USDA, PO Box 96456, room 1 member opposed, the Committee which prior to 1980 experienced wide 2525–S, Washington, DC 20090–6456; recommended the establishment of a fluctuations from year to year. For telephone (202) 720–2491, Fax: (202) salable quantity and allotment example, between 1971 and 1975 the 720–5698, or E-mail: percentage for Class 1 (Scotch) price of Native spearmint oil ranged [email protected]. spearmint oil of 1,211,207 pounds and from $3.00 per pound to $11.00 per 65 percent, respectively. The member in pound. In contrast, under the order, SUPPLEMENTARY INFORMATION: This final opposition favored the establishment of prices have generally stabilized between rule is issued under Marketing Order a lower salable quantity and allotment $10.50 and $11.50 per pound. During No. 985 (7 CFR part 985), as amended, percentage. The Committee the past year, however, the price of regulating the handling of spearmint oil unanimously recommended the Native spearmint oil has decreased produced in the Far West (Washington, establishment of a salable quantity and about $2.00 per pound despite the Idaho, Oregon, and designated parts of allotment percentage for Class 3 (Native) Committee’s efforts to balance available Nevada and Utah), hereinafter referred spearmint oil of 1,033,648 pounds and supplies with the demand for the oil. to as the ‘‘order.’’ This order is effective 50 percent, respectively. Based on comments made at the under the Agricultural Marketing This final rule limits the amount of Committee’s meeting, factors Agreement Act of 1937, as amended (7 spearmint oil that handlers may contributing to the low price could U.S.C. 601–674), hereinafter referred to purchase from, or handle for, producers include the relatively poor returns being as the ‘‘Act.’’ during the 2000–2001 marketing year, realized from other essential oils, as The Department of Agriculture which begins on June 1, 2000. Salable well as the overall weak farm situation. (Department) is issuing this rule in quantities and allotment percentages With approximately 90 percent of the conformance with Executive Order have been placed into effect each season U.S. production located in the Far West, 12866. since the order’s inception in 1980. and with nearly 80 percent of total This final rule has been reviewed The U.S. production of spearmint oil world sales originating in the Far West, under Executive Order 12988, Civil is concentrated in the Far West, the Committee’s method of calculating Justice Reform. Under the provisions of primarily Washington, Idaho, and the Native spearmint oil salable quantity the marketing order now in effect, Oregon (part of the area covered by the and allotment percentage continues to salable quantities and allotment marketing order). Spearmint oil is also primarily utilize information on price percentages may be established for produced in the Midwest. The and available supply as they are affected classes of spearmint oil produced in the production area covered by the by the estimated trade demand. Far West. This rule establishes the marketing order currently accounts for The salable quantity and allotment quantity of spearmint oil produced in approximately 63 percent of the annual percentage for each class of spearmint the Far West, by class, that may be U.S. production of Scotch spearmint oil oil for the 2000–2001 marketing year is purchased from or handled for and approximately 93 percent of the based upon the Committee’s producers by handlers during the 2000– annual U.S. production of Native recommendation and the data presented 2001 marketing year, which begins on spearmint oil. below. June 1, 2000. This rule will not preempt When the order became effective in any State or local laws, regulations, or 1980, the United States produced nearly (1) Class 1 (Scotch) Spearmint Oil policies, unless they present an 100 percent of the world’s supply of (A) Estimated carry-in on June l, irreconcilable conflict with this rule. Scotch spearmint oil, of which 2000—869,206 pounds. This figure is The Act provides that administrative approximately 72 percent was produced derived by subtracting the estimated proceedings must be exhausted before in the regulated production area in the 1999–2000 marketing year trade parties may file suit in court. Under Far West. International production demand of 887,500 pounds from the section 608c(15)(A) of the Act, any characteristics have changed in recent revised 1999–2000 marketing year total handler subject to an order may file years, however, with foreign Scotch available supply of 1,756,706 pounds. with the Secretary a petition stating that spearmint oil production contributing (B) Estimated global sales for the the order, any provision of the order, or significantly to world production. The 1999–2000 marketing year—2,082,500 any obligation imposed in connection Far West’s market share as a percent of pounds. This figure is based on with the order is not in accordance with total world sales fell to a low of about preliminary information the Committee law and request a modification of the 38 percent during the 1994–95 season. has compiled. order or to be exempted therefrom. A Beginning with the 1996–97 marketing (C) Estimated Far West sales for the handler is afforded the opportunity for year, the Committee has employed a 1999–2000 marketing year—900,000 a hearing on the petition. After the marketing strategy for Scotch spearmint pounds. hearing the Secretary would rule on the oil that is intended to foster market (D) Approximate Far West percentage petition. The Act provides that the stability and that would retain and of estimated total world sales in 1999– district court of the United States in any expand market share. Using this 2000—43 percent. This is down from district in which the handler is an approach, the Far West’s market share the 1980 level of approximately 72 inhabitant, or has his or her principal has increased to approximately 43 percent, but up from the low of place of business, has jurisdiction to percent of total world sales. The approximately 38 percent during the review the Secretary’s ruling on the Committee’s current recommendation 1994/95 marketing year.

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(E) Total estimated allotment base for (F) Recommended allotment salable quantities and allotment the 2000–2001 marketing year— percentage—50 percent. This is the percentages, the Committee considered: 1,863,396 pounds. This figure Committee’s recommendation based on (1) The estimated quantity of salable oil represents a one percent increase over the computed allotment percentage and of each class held by producers and the revised 1999–2000 allotment base. takes into account the recent sharp handlers; (2) the estimated demand for (F) Recommended 2000–2001 decline in the Native spearmint oil each class of oil; (3) prospective allotment percentage—65 percent. This price. production of each class of oil; (4) total figure is based upon recommendations (G) The Committee’s recommended of allotment bases of each class of oil for made at the October 6, 1999, meeting, as salable quantity—1,033,648 pounds. the current marketing year and the well as at the five Scotch spearmint oil This figure is the product of the estimated total of allotment bases of production area meetings held during recommended allotment percentage and each class for the ensuing marketing September 1999. the total estimated allotment base. year; (5) the quantity of reserve oil, by (G) The Committee’s computed 2000– The salable quantity is the total class, in storage; (6) producer prices of 2001 salable quantity—1,211,207 quantity of each class of spearmint oil oil, including prices for each class of oil; pounds. This figure is the product of the which handlers may purchase from or and (7) general market conditions for recommended allotment percentage and handle on behalf of producers during a each class of oil, including whether the the total estimated allotment base. marketing year. Each producer is estimated season average price to (H) Estimated available supply for the allotted a share of the salable quantity producers is likely to exceed parity. 2000–2001 marketing year—2,080,413 by applying the allotment percentage to Conformity with the Department’s pounds. This figure is derived by adding the producer’s allotment base for the ‘‘Guidelines for Fruit, Vegetable, and the computed salable quantity to the applicable class of spearmint oil. Specialty Crop Marketing Orders’’ has estimated June 1, 2000, carry-in volume, The Committee’s recommended also been reviewed and confirmed. and represents the total amount of Scotch spearmint oil salable quantity of The establishment of these salable Scotch spearmint oil that could be 1,211,207 pounds and allotment quantities and allotment percentages available to the market during the 2000– percentage of 65 percent are based on allows for anticipated market needs. In 2001 marketing year. the Committee’s goal of maintaining determining anticipated market needs, (I) Estimated trade demand for Far market stability by avoiding extreme consideration by the Committee was West Scotch spearmint oil during the fluctuations in supplies and prices, and given to historical sales, and changes 2000–2001 marketing year—887,500 thereby helping the industry remain and trends in production and demand. pounds. This figure is based upon competitive on the international level. This rule also provides producers with estimates provided to the Committee by The Committee’s recommended Native information on the amount of spearmint buyers of spearmint oil. spearmint oil salable quantity of oil which should be produced for next (J) Estimated carry-out on May 31, 1,106,372 pounds and allotment season in order to meet anticipated 2001—1,192,913 pounds. This figure is percentage of 50 percent are based on market demand. the difference between the 2000–2001 the anticipated supply and trade Pursuant to requirements set forth in estimated trade demand and the 2000– demand during the 2000–2001 the Regulatory Flexibility Act (RFA), the 2001 estimated available supply. marketing year. The salable quantities Agricultural Marketing Service (AMS) are not expected to cause a shortage of has considered the economic impact of (2) Class 3 (Native) Spearmint Oil spearmint oil supplies. Any this action on small entities. (A) Estimated carry-in on June 1, unanticipated or additional market Accordingly, the AMS has prepared this 2000—64,602 pounds. This figure is the demand for spearmint oil which may final regulatory flexibility analysis. difference between the estimated 1999– develop during the marketing year can The purpose of the RFA is to fit 2000 marketing year trade demand of be satisfied by an increase in the salable regulatory actions to the scale of 1,168,474 pounds and the revised 1999– quantities. Both Scotch and Native business subject to such actions in order 2000 marketing year total available spearmint oil producers who produce that small businesses will not be unduly supply of 1,233,076 pounds. more than their annual allotments or disproportionately burdened. (B) Estimated trade demand (domestic during the 2000–2001 season may Marketing orders issued pursuant to the and export) for the 2000–2001 transfer such excess spearmint oil to a Act, and rules issued thereunder, are marketing year—1,170,974 pounds. This producer with spearmint oil production unique in that they are brought about figure is based on the average of the less than his or her annual allotment or through group action of essentially estimates provided at the four put it into the reserve pool. small entities acting on their own production area meetings held in This regulation is similar to those behalf. Thus, both statutes have small September 1999. which have been issued in prior entity orientation and compatibility. (C) Salable quantity required from the seasons. Costs to producers and There are 7 spearmint oil handlers year 2000 production—1,106,372 handlers resulting from this action are subject to regulation under the order, pounds. This figure is the difference expected to be offset by the benefits and approximately 119 producers of between the estimated 2000–2001 derived from a stable market, a greater Class 1 (Scotch) spearmint oil and marketing year trade demand and the market share, and possible improved approximately 105 producers of Class 3 estimated carry-in on June 1, 2000. returns. In conjunction with the (Native) spearmint oil in the regulated (D) Total estimated allotment base for issuance of this final rule, the production area. Small agricultural the 2000–2001 marketing year— Committee’s marketing policy statement service firms are defined by the Small 2,067,296 pounds. This figure for the 2000–2001 marketing year has Business Administration (SBA) (13 CFR represents a one percent increase over been reviewed by the Department. The 121.201) as those having annual receipts the revised 1999–2000 allotment base. Committee’s marketing policy of less than $5,000,000, and small (E) Computed allotment percentage— statement, a requirement whenever the agricultural producers have been 53.5 percent. This percentage is Committee recommends volume defined as those whose annual receipts computed by dividing the required regulations, fully meets the intent of are less than $500,000. salable quantity by the total estimated section 985.50 of the order. During its Based on the SBA’s definition of allotment base. discussion of potential 2000–2001 small entities, the Committee estimates

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In handlers and producers of spearmint oil return to the pattern of cyclical prices of addition, the Committee estimates that may not be classified as small entities, prior years, as well as suffer the 25 of the 119 Scotch spearmint oil the volume control feature of this order potentially price depressing producers and 7 of the 105 Native has small entity orientation. consequence that a release of over a spearmint oil producers could be The order has contributed extensively million pounds of spearmint oil reserves classified as small entities under the to the stabilization of producer prices, would have on the market. According to SBA definition. Thus, a majority of which prior to 1980 experienced wide the Committee, higher or lower salable handlers and producers of Far West fluctuations from year to year. For quantities and allotment percentages spearmint oil may not be classified as example, between 1971 and 1975 the would not achieve the intended goals of small entities. price of Native spearmint oil ranged market and price stability, with market The Far West spearmint oil industry from $3.00 per pound to $11.00 per share maintenance and growth. is characterized by producers whose pound. In contrast, under the order, Annual salable quantities and farming operations generally involve prices have generally stabilized between allotment percentages have been issued more than one commodity, and whose $10.50 and $11.50 per pound. During for both classes of spearmint oil since income from farming operations is not the past year, however, the price of the order’s inception. Reporting and exclusively dependent on the Native spearmint oil has decreased recordkeeping requirements have production of spearmint oil. Crop about $2.00 per pound despite the remained the same for each year of rotation is an essential cultural practice Committee’s efforts to balance available regulation. These requirements have in the production of spearmint oil for supplies with the demand for the oil. been approved by the Office of weed, insect, and disease control. A Based on comments made at the Management and Budget under OMB normal spearmint oil producing Committee’s meeting, factors Control No. 0581–0065. Accordingly, operation would have enough acreage contributing to the low price could this action will not impose any for rotation such that the total acreage include the relatively poor returns being additional reporting or recordkeeping required to produce the crop would be realized from other essential oils as well requirements on either small or large about one-third spearmint and two- as the overall weak farm situation. spearmint oil producers and handlers. thirds rotational crops. An average With approximately 90 percent of the All reports and forms associated with spearmint oil producing farm would U.S. production located in the Far West, this program are reviewed periodically thus have to have considerably more and with nearly 80 percent of total in order to avoid unnecessary and acreage than would be planted to world sales originating in the Far West, duplicative information collection by spearmint during any given season. To the Committee’s method of calculating industry and public sector agencies. The remain economically viable with the the Native spearmint oil salable quantity Department has not identified any added costs associated with spearmint and allotment percentage continues to relevant Federal rules that duplicate, oil production, most spearmint oil primarily utilize information on price overlap, or conflict with this rule. producing farms fall into the SBA and available supply as they are affected Finally, the Committee’s meeting was category of large businesses. by the estimated trade demand. widely publicized throughout the This final rule establishes the quantity Alternatives to this rule included not spearmint oil industry and all interested of spearmint oil produced in the Far regulating the handling of spearmint oil persons were invited to attend and West, by class, that handlers may during the 2000–2001 marketing year, participate on all issues. Like all purchase from, or handle for, producers and recommending either higher or Committee meetings, the October 6, during the 2000–2001 marketing year. lower levels for the salable quantities 1999, meeting was a public meeting and The Committee recommended this rule and allotment percentages. The all entities, both large and small, were for the purpose of avoiding extreme Committee reached its recommendation able to express views on this issue. fluctuations in supplies and prices, and to establish salable quantities and Interested persons were also invited to thus help to maintain stability in the allotment percentages for both classes of submit information on the regulatory spearmint oil market. This action is spearmint oil after careful consideration and informational impacts of this action authorized by the provisions of sections of all available information, including: on small businesses. 985.50, 985.51, and 985.52 of the order. (1) The estimated quantity of salable oil A proposed rule was published in the Small spearmint oil producers of each class held by producers and Federal Register (64 FR 238) on generally are not extensively diversified handlers; (2) the estimated demand for December 13, 1999. A 30-day comment and as such are more at risk to market each class of oil; (3) prospective period was provided to allow interested fluctuations. Such small farmers production of each class of oil; (4) total persons the opportunity to respond to generally need to market their entire of allotment bases of each class of oil for the proposal, including any regulatory annual crop and do not have the luxury the current marketing year and the and informational impacts of this action of having other crops to cushion seasons estimated total of allotment bases of on small businesses. A copy of the with poor spearmint oil returns. each class for the ensuing marketing proposed rule was faxed and mailed to Conversely, large diversified producers year; (5) the quantity of reserve oil, by the Committee office, which in turn have the potential to endure one or class, in storage; (6) producer prices of notified Committee members and more seasons of poor spearmint oil oil, including prices for each class of oil; spearmint oil producers and handlers of markets because incomes from alternate and (7) general market conditions for the proposed action. In addition, the crops could support the operation for a each class of oil, including whether the Committee’s meeting was widely period of time. Being reasonably assured estimated season average price to publicized throughout the spearmint oil of a stable price and market provides producers is likely to exceed parity. industry and all interested persons were small producing entities with the ability Based on its review, the Committee invited to attend and participate on all to maintain proper cash flow and to believes that the salable quantity and issues. A copy of the proposal was also

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We also proposed to add the A small business guide on complying [Docket No. 98±043±2] provision that the term field study with fruit, vegetable, and specialty crop excludes any study that involves an marketing agreements and orders may Field Study; Definition invasive procedure or has the potential be viewed at the following web site: to harm or materially alter the behavior http://www.ams.usda.gov/fv/ AGENCY: Animal and Plant Health of the animals under study. This moab.html. Any questions about the Inspection Service, USDA. proposed action was based on the need compliance guide should be sent to Jay ACTION: Final rule. to ensure that studies conducted in free- Guerber at the previously mentioned living wild animals in their natural SUMMARY: We are amending the Animal address in the FOR FURTHER INFORMATION habitat are correctly classified as field Welfare regulations by clarifying the CONTACT section. studies based on the definition of field definition of the term field study. We study. After consideration of all relevant will clarify that a field study cannot We solicited comments concerning matter presented, including the involve an invasive procedure, harm the our proposal for 60 days ending information and recommendation animals under study, or materially alter September 29, 1998. We received seven the behavior of the animals under study. submitted by the Committee and other comments. They were from universities; As worded prior to this final rule, the available information, it is hereby found animal welfare organizations; an definition of field study could be that this rule, as hereinafter set forth, association representing birds; an interpreted to mean that a field study will tend to effectuate the declared association representing fish, reptiles, may include one of these situations. policy of the Act. and amphibians; and an association This action will help ensure the proper representing zoos and aquariums. Two List of Subjects in 7 CFR Part 985 use and care of animals used in field commenters supported the proposal as studies. Marketing agreements, Oils and fats, written. However, one of these Reporting and recordkeeping EFFECTIVE DATE: March 10, 2000. commenters and the remaining requirements, Spearmint oil. FOR FURTHER INFORMATION CONTACT: Dr. commenters had concerns that are Jerry DePoyster, Senior Veterinary discussed below. For the reasons set forth in the Medical Officer, Animal Care, APHIS, One commenter stated that the preamble, 7 CFR Part 985 is amended as 4700 River Road Unit 84, Riverdale, MD previous definition of field study was follows: 20737–1228; (301) 734–7586. perfectly clear and unambiguous and SUPPLEMENTARY INFORMATION: The did not need to be amended. In PART 985ÐMARKETING ORDER Animal Welfare Act (AWA) (7 U.S.C. addition, two commenters stated that REGULATING THE HANDLING OF 2131 et seq.) authorizes the Secretary of the proposed change in the definition of SPEARMINT OIL PRODUCED IN THE Agriculture to promulgate standards and field study would exclude all projects FAR WEST other requirements governing the that involve invasive procedures. One humane handling, housing, care, commenter requested that we delay the 1. The authority citation for 7 CFR treatment, and transportation of certain change of the definition. Two Part 985 continues to read as follows: animals by dealers, research facilities, commenters stated that any study has Authority: 7 U.S.C. 601–674. exhibitors, carriers, and intermediate the potential to harm or materially alter the behavior of the animals under study; 2. A new § 985.219 is added to read handlers. The regulations established under the therefore, no study could be classified as follows: Act are contained in title 9 of the Code as a field study. [Note: This section will not appear in the of Federal Regulations, chapter I, We do not believe that the previous Code of Federal Regulations.] subchapter A, parts 1, 2, and 3. Part 1 definition was clear to everyone. For § 985.219 Salable quantities and allotment defines various terms used in parts 2 instance, two commenters stated that percentagesÐ2000±2001 marketing year. and 3. the proposed change in the definition of As defined in § 1.1 of the regulations field study would exclude all projects The salable quantity and allotment prior to this final rule, field study meant that involve invasive procedures. percentage for each class of spearmint any study that is ‘‘conducted on free- However, the previous definition of oil during the marketing year beginning living wild animals in their natural field study always excluded studies that on June 1, 2000, shall be as follows: habitat, which does not involve an involved invasive procedures, harmed (a) Class 1 (Scotch) oil—a salable invasive procedure, and which does not the animals under study, or materially quantity of 1,211,207 pounds and an harm or materially alter the behavior of altered the behavior of the animals under study. In addition, in the past, allotment percentage of 65 percent. the animals under study.’’ We have always intended that field some entities interpreted the definition (b) Class 3 (Native) oil—a salable studies not include any invasive to mean that a field study may include quantity of 1,033,648 pounds and an procedures, harm the animals under any one of these situations as long as it allotment percentage of 50 percent. study, or materially alter the behavior of did not include all of them. In our Dated: February 3, 2000. the animals under study. However, we proposed definition of field study, we Robert C. Keeney, were concerned that the definition, as clarified that a study that includes any worded above, could be interpreted to one of the situations could not be Deputy Administrator, Fruit and Vegetable mean that a field study could include considered a field study. Programs. any one of these situations. As to the use of the word potential, [FR Doc. 00–2979 Filed 2–8–00; 8:45 am] On July 31, 1998, we published in the we agree that it is unnecessary; BILLING CODE 3410±02±P Federal Register (63 FR 40844–40845, therefore, we are removing the word

VerDate 272000 13:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm01 PsN: 09FER1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations 6313 potential from the definition of field should then be qualified as invasive or whether a procedure is invasive or study in this final rule. noninvasive. noninvasive, the investigator can One commenter stated that the The term field study has always consult with the IACUC of the facility. definition is internally inconsistent. The excluded any study that involved an In addition, in accordance with the commenter stated that if a field study is invasive procedure; therefore, we have regulations in § 2.31(c)(1), at least once any study conducted on free-living wild not altered the intent of the definition. every 6 months the IACUC must review animals in their natural habitat In order to be absolutely clear as to what the research facility’s program for the (emphasis added), then the second part constitutes a field study, the definition humane care and use of animals by of our definition, which excludes a of field study had to provide the using the AWA regulations as a basis for subset of those studies (those that situations that would exclude a study evaluation. Therefore, if a study is involve invasive procedures or have the from being considered a field study misclassified as a field study, the potential to harm or materially alter the under the AWA regulations. IACUC will have the opportunity to take behavior of an animal), does not make One commenter requested action to reclassify the study. sense. clarification that our proposal would One commenter stated that there are This is a question of sentence not make changes in the administration studies that involve implantation of structure, which we have addressed in of the AWA regulations by APHIS and transponders or radiotransmitters and this final rule by changing the word IACUC’s and that it would not prohibit procedures, such as marking the ‘‘any’’ in the first sentence to ‘‘an’’ and or restrict field studies or impose animals with minor clipping or beginning the second sentence with additional requirements on researchers. branding, that could technically be We only clarified the definition of ‘‘However,’’. We believe that this change considered invasive procedures and are field study by removing the word ‘‘and’’ solves the sentence structure problem. not conducted under sterile conditions. and any ambiguity created by the word One commenter stated that the words The commenter further stated that ‘‘and.’’ We did not make substantive trauma to subjects is minimized by ‘‘harm,’’ ‘‘invasive,’’ and ‘‘materially changes, prohibit or restrict field alter’’ should be defined or else the reducing the handling time. studies, or impose additional An invasive procedure is typically determination of whether a study requirements on researchers. one in which the living animal is should be classified as a field study will One commenter stated that the entered by either perforation or incision be left to the discretion of the composition of the members of the in a manner that could cause more than Institutional Animal Care and Use IACUC can vary greatly and the short-lived pain or distress and may Committee (IACUC) at different expertise of the membership may not materially alter the behavior of the facilities. One commenter stated that the represent all disciplines that are subject animal for more than a short period of Animal and Plant Health Inspection to review. This commenter further time. For instance, opening the body Service (APHIS) should provide stated that the IACUC may not have cavity of an animal would be considered definitions for invasive or noninvasive, members experienced in the activities invasive and could cause the animal to and one commenter stated that APHIS commonly conducted in field studies or materially alter its behavior until should provide guidelines or regulations experience in performing certain completely healed from the surgery. for defining invasive procedure and procedures under field conditions. However, implantations of microchips standard animal husbandry procedures. Another commenter stated that most and transponders may not be invasive In addition, one commenter stated that IACUC’s do not include field depending on the site and method of APHIS should issue guidelines or a researchers who are able to appreciate implantation. policy to state what the Agency the unique conditions of field research. One commenter asked if a facility that classifies as a field study. One commenter stated that a growing is currently licensed as an exhibitor We do not believe that the terms number of investigators, institutions, under the AWA would have to register ‘‘harm,’’ ‘‘invasive,’’ and ‘‘materially and granting agencies require any as a research facility if an employee is alter’’ need to be defined. However, we research use of animals in the field or approved to initiate a noninvasive are considering the development of a laboratory to be reviewed by their research project in the field. The policy statement that would provide IACUC, and self-determination by the commenter stated that it was unclear examples of what APHIS considers investigator does not protect him or her when a research project is considered a invasive or noninvasive procedures. We or the institution, nor does it provide for regulated research project. do not believe that guidelines or consistent peer-reviewed determination If the research project meets the regulations for defining standard animal of invasive procedures. definition of field study, the research husbandry procedures are necessary. Comments regarding the membership project would not fall under the AWA Standard animal husbandry procedures and function of IACUC’s are beyond the regulations. However, if the research are procedures that are necessary for the scope of this rule; however, in project does not meet the definition of health and maintenance of animals on a accordance with § 2.31(a) of the field study (i.e., includes an invasive premises. regulations, the Chief Executive Officer procedure, harms, or materially alters One commenter stated that the of the research facility is responsible for the behavior of the animals) the research proposed definition of field study appointing the members of the IACUC. project would need to be regulated obscures rather than clarifies the intent Members of the IACUC are required to under the AWA, and the facility would of field studies. This commenter stated have the experience and expertise to need to be registered as a research that restriction of the term field study to assess the research facility’s animal facility. exclude invasive procedures does not programs, facilities, and procedures, One commenter stated that he could clarify the definition. This commenter including the review of all proposed not locate the statutory authority given stated that field studies have no and ongoing research projects. to the U.S. Department of Agriculture inherent implication of invasiveness The principal investigator is (USDA) over animal care in the wild, and should retain the common and responsible for determining whether a whether or not the animals are involved professional meaning of ‘‘the study of study is a field study. If the principal in research. The commenter stated that organisms in the field,’’ and after investigator reviews a field study the AWA assigns APHIS authority over classification as a field study, the study protocol and has questions regarding specific warm-blooded animals on

VerDate 272000 13:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm01 PsN: 09FER1 6314 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations public display or intended for use in procedure, harm the animals under PART 1ÐDEFINITION OF TERMS research facilities (7 U.S.C. 2131). The study, or materially alter the behavior of commenter added that it is not clear the animals under study. 1. The authority citation for part 1 how USDA has authority if the We have always intended that field continues to read as follows: noninvasive research does not involve studies not include any invasive Authority: 7 U.S.C. 2131–2159; 7 CFR animals or activities that are in procedures, harm the animals under 2.22, 2.80, and 371.2(g). interstate or foreign commerce or does study, or materially alter the behavior of 2. In § 1.1, the definition of field study not substantially affect such commerce the animals under study. This rule is revised to read as follows: or its free flow as provided in the AWA makes no substantive changes to the (7 U.S.C. 2131). definition. By clarifying the definition § 1.1 Definitions. The purpose of defining the term field of field study, this final rule will help * * * * * study in our regulations is to exclude ensure that studies that should be Field study means a study conducted from the regulations those activities that covered under the Animal Welfare on free-living wild animals in their meet the definition. Thus, if a study is regulations are covered. natural habitat. However, this term conducted on free-living wild animals The only entities that will be affected excludes any study that involves an in their natural habitat and the study by this rule will be entities that perform invasive procedure, harms, or materially does not involve an invasive procedure, studies conducted on free-living wild alters the behavior of an animal under does not harm the animals under study, animals in their natural habitat. We study. and does not materially alter the estimate that at least 50 entities may be * * * * * behavior of the animals under study, affected by this final rule. These entities then that activity is not regulated. may be considered small and large Done in Washington, DC, this 3rd day of The AWA defines animal as any live entities by Small Business February 2000. or dead dog, cat, nonhuman primate, Administration standards, but this final Richard L. Dunkle, guinea pig, hamster, rabbit, or such rule will only affect a small portion of Acting Administrator, Animal and Plant other warm-blooded animal as the the entities’ activities. As we are not Health Inspection Service. Secretary may determine is being used, proposing a substantive change in the [FR Doc. 00–2922 Filed 2–8–00; 8:45 am] or is intended for use, for research, definition, the effect on these entities BILLING CODE 3410±34±P testing, experimentation, or exhibition will not be significant. purposes, or as a pet. This definition Under these circumstances, the does not exclude animals in the wild. If Administrator of the Animal and Plant DEPARTMENT OF ENERGY a research facility conducts a study on Health Inspection Service has animals in the wild that does not meet determined that this action will not 10 CFR Part 708 the criteria for a field study, then that have a significant economic impact on activity would be regulated. The AWA a substantial number of small entities. RIN 1901±AA78 defines research facility as any school Criteria and Procedures for DOE (except an elementary or secondary Executive Order 12372 Contractor Employee Protection school), institution, organization, or This program/activity is listed in the Program person that uses or intends to use live Catalog of Federal Domestic Assistance animals in research, tests, or under No. 10.025 and is subject to AGENCY: Office of Hearings and Appeals, experiments and that: (1) Purchases or Executive Order 12372, which requires Department of Energy. transports live animals in commerce; or intergovernmental consultation with ACTION: Final rule. (2) receives funds under a grant, award, State and local officials. (See 7 CFR part loan, or contract from a department, 3015, subpart V.) SUMMARY: The Department of Energy agency, or instrumentality of the United Executive Order 12988 (DOE) adopts, with minor changes, an States for the purpose of carrying out interim final rule published on March research, tests, or experiments. * * *’’ This final rule has been reviewed 15, 1999, to amend the DOE contractor One commenter stated that under Executive Order 12988, Civil employee protection program researchers appear to be circumventing Justice Reform. It is not intended to (‘‘whistleblower’’) regulations. have retroactive effect. This rule would the AWA by claiming that trap tests EFFECTIVE DATE: This final rule is not preempt any State and local laws, performed on wildlife are field studies. effective on March 10, 2000. Trapping, including the testing of traps, regulations, or policies, unless they FOR FURTHER INFORMATION CONTACT: is not regulated by the AWA. present an irreconcilable conflict with Therefore, for the reasons given in the this rule. The Act does not provide Roger Klurfeld, Assistant Director, or proposed rule and in this document, we administrative procedures which must Thomas O. Mann, Deputy Director, are adopting the proposed rule as a final be exhausted prior to a judicial Office of Hearings and Appeals, rule, with the changes discussed in this challenge to the provisions of this rule. Department of Energy, 1000 document. Independence Ave., SW, Washington, Paperwork Reduction Act DC 20585–0107; telephone: 202–426– Executive Order 12866 and Regulatory This proposed rule contains no 1449; e-mail: [email protected], Flexibility Act information collection or recordkeeping [email protected]. This final rule has been reviewed requirements under the Paperwork SUPPLEMENTARY INFORMATION: under Executive Order 12866. The rule Reduction Act of 1995 (44 U.S.C. 3501 I. Introduction has been determined to be not et seq.). significant for the purposes of Executive On March 15, 1999, DOE published List of Subjects in 9 CFR Part 1 Order 12866 and, therefore, has not an interim final rule in the Federal been reviewed by the Office of Animal welfare, Pets, Reporting and Register (64 FR 12862) that Management and Budget. recordkeeping requirements, Research. comprehensively revised the regulations This final rule will clarify that a field Accordingly, we are amending 9 CFR for the DOE contractor employee study cannot include an invasive part 1 as follows: protection program, which are codified

VerDate 272000 16:00 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm02 PsN: 09FER1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations 6315 at 10 CFR part 708. DOE became aware site. Two of the comments express the as those terms are defined in the Federal during the comment period on the concern that the phrase directly related Grant and Cooperative Agreement Act, interim final rule that three provisions to activities does not draw a bright line 31 U.S.C. 6301 et seq., or under the in the original Part 708 had been between those employees who will now terms of a ‘‘cooperative research and inadvertently omitted from the interim be protected by these regulations and development agreement’’ (CRADA), as final rule. DOE published an those who will not, and that the that term is defined by the Stevenson- amendment to the interim final rule on definition of contractor will be difficult Wydler Technology Innovation Act, 15 July 12, 1999 (64 FR 37396) to correct to apply. The third comment challenges U.S.C. 3710a(d)(1). the omission. the decision to expand the scope of Comment: One commenter maintains DOE provided a 60-day public coverage, arguing that off-site coverage that DOE has created a ‘‘camouflaged comment period for the interim final will be ‘‘difficult to manage,’’ will drive loophole’’ by the interim final rule’s use rule published on March 15, 1999. DOE away potential bidders for DOE of the word ‘‘retaliation,’’ instead of did not invite public comments on the contracts, thus raising the costs of ‘‘discrimination,’’ to define actions July 12, 1999, amendment to the interim procurement, and is unnecessary prohibited by contractors against final rule because those changes were because ‘‘other laws adequately protect employees who engaged in conduct procedural and DOE determined that no employees of commercial entities.’’ protected by part 708. According to this purpose would be served by inviting Response: We have decided that this commenter, retaliation ‘‘is a legal term comments. language should remain unchanged of art requiring animus or hostility,’’ so Section 3164 of the National Defense from the interim final rule. As with any that a claim of retaliation can be Authorization Act for Fiscal Year 2000 rule, determining who is and who is not defeated by a showing that the directs DOE to establish a whistleblower covered by Part 708 will sometimes contractor officials had no ‘‘hard protection program for covered require interpretation. Even the feelings’’ against a whistleblower. individuals (DOE and DOE contractor previous formulation, though it Response: A reading of the definition employees engaged in the defense appeared to present more of a bright line of retaliation in § 708.2 shows that this activities of the Department) who distinction, was subject to commenter has misinterpreted the disclose to certain Governmental interpretation. See C. Lawrence Cornett, significance of the interim final rule’s (including certain Congressional) 26 CCH Fed. Energy Guidelines ¶87,504 use of a different generic term to personnel ‘‘classified or other (1996); META, Inc., 26 CCH Fed. Energy describe the types of conduct prohibited information’’ that they reasonably Guidelines ¶87,501 (1996) (these cases by this rule. The term was changed as believe provides evidence of violations are also available on the Office of part of DOE’s effort to rewrite Part 708 of law, gross mismanagement, a gross Hearings and Appeals Internet web site, in ‘‘plain language.’’ The kinds of waste of funds or abuse of authority, or http://www.oha.doe.gov). More conduct prohibited by the definition of a false statement to Congress on an issue important, the definition of contractor retaliation in the interim final rule are of material fact. DOE is aware of the in the interim final rule will cover the the same as those previously prohibited new statutory requirement, and we are employees we intend to protect, i.e. in the definition of discrimination working separately on the those performing work that promotes under the old rule. Moreover, the term implementation of the program the mission of the Department of retaliation more precisely describes the mandated in section 3164. We are Energy. Clearly, some interpretation nature of the conduct prohibited under evaluating its effect, if any, on the DOE through case law will be needed as we Part 708, and avoids possible confusion contractor employee protection program face some particular factual with ‘‘discrimination’’ as that term is regulations. circumstances, but we believe that the used in Title VII of the Civil Rights Act of 1964 and other Federal anti- II. Summary and Response to rule is adequately clear as it applies to most cases. discrimination statutes, as EEO Comments on the Interim Final Rule To furnish additional guidance to the violations are not covered by the DOE DOE received written comments from DOE contractor community, without contractor employee protection five interested organizations and considering any specific case, examples program. individuals on the interim final of contractor employees we intend to Court decisions under the amendments to the DOE contractor cover by this rule include contractor Whistleblower Protection Act of 1989, employee protection program employees engaged in defense-related Pub. L. 101–12, 103 Stat. 16 (1989) regulations. This section of the industrial activities that are central to (codified as amended in scattered Supplementary Information summarizes the DOE’s mission, such as workers sections of 5 U.S.C.), do consider ‘‘the the issues raised in the comments and processing or transporting nuclear existence and strength of any motive to gives DOE’s response, as follows: materials, or workers involved in the retaliate on the part of the agency Comment: Three different preparation of environmental officials who were involved in the commenters expressed concern about assessments of proposed actions decision’’ to take action against a the definition of the term ‘‘contractor’’ involving radioactive waste or mixed Federal employee covered by that in § 708.2, which was changed in the waste, wherever they work, on-site or whistleblower protection program as interim final rule to extend protection to off-site. By contrast, part 708 is not one of several factors to determine certain employees who do not work at intended to cover contractor employees whether an employer has met its burden DOE sites. Under the old rule, an delivering office supplies or servicing of proving by clear and convincing employee eligible for protection under vending machines, regardless of where evidence that it would have taken the this rule must have been employed by they are located, because their work is same action absent the protected a contractor performing work on sites ancillary to, rather than central to DOE’s conduct. Cadell v. Dep’t of Justice, 66 that DOE owns or leases. The new mission. In addition, this rule is meant M.S.P.R. 347, 351 (1995), aff’d 96 F.3d language covers employees of to cover employees who work on the 1367, 1370 (Fed. Cir. 1996); Sanders v. contractors performing work ‘‘directly Department’s mission under the terms Dep’t of the Army, 64 M.S.P.R. 136 related to activities’’ at DOE-owned or of a procurement ‘‘contract,’’ but not (1994), aff’d 50 F.3d 22 (Fed. Cir. 1995). DOE-leased sites, even if the contractor employees who work under the terms of Evidence of an employer’s motive is is located, or the work is performed, off- a ‘‘grant’’ or a ‘‘cooperative agreement,’’ therefore relevant in a whistleblower

VerDate 272000 16:00 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm02 PsN: 09FER1 6316 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations case, but contrary to the commenter’s Comment: The same commenter also responsibility for oversight of activities assertion, evidence of a benign motive contends that ‘‘the audience for on DOE-owned or -leased sites. This in and of itself will not meet the protected activity is too limited’’ under reflects the fact that some DOE sites are contractor’s burden under Part 708. § 708.5. According to this commenter, now subject to regulatory oversight by Comment: Also concerning the the interim final rule ‘‘only protects other agencies. But there is still no definition of retaliation in ? 708.2, this communications directly to recipients compelling reason to expand the same commenter asserted that the use of such as an official at the Department of coverage of this rule to include the phrase ‘‘action with respect to the Energy, a member of Congress and other disclosures to citizen groups or the employee’s compensation, terms, governmental agencies with oversight media. The Federal courts have granted conditions or privileges of employment’’ responsibility at a DOE facility.’’ The protection under 42 U.S.C. 5851 to in that provision does not include comment urges that the language of the employees who made disclosures to common forms of harassment such as rule and the preamble should specify parties other than their employers or to retaliatory investigations, removal of that it will be interpreted consistently the Federal government to a very support staff, removal from a case or with the case law for employee limited extent. See Stone & Webster assignment, or tampering with (denying, protection statutes administered by the Engineering Corp. v. Herman, 115 F.3d suspending or revoking) a security Department of Labor, such as 1568 (11th Cir., 1997). In Stone & clearance. The commenter also asserts amendments to the Energy Webster, the U.S. Court of Appeals that the rule should be changed to Reorganization Act of 1992 (ERA), affirmed the Secretary of Labor’s explicitly cover psychiatric codified in 42 U.S.C. 5851, the determination that a nuclear power examinations, and security clearances, provision that protects employees of plant worker was acting in furtherance as well as ‘‘any other significant change Nuclear Regulatory Commission (NRC) of safety compliance when, after in duties, responsibilities or working licensees. The commenter claims that speaking to his employer about his conditions.’’ Department of Labor and the Federal safety concerns, he spoke to his co- Response: The other types of adverse courts have consistently interpreted workers about those same concerns, and actions mentioned in the comment are those statutes to mean that employees thus communication to those workers generally meant to be covered by the are also protected for disclosures to the was protected by the ERA. According to broad definition of retaliation used in media and citizen associations, which the holding in that case, which does not § 708.2. The definition enumerates are ‘‘frequently the breeding ground for control proceedings under part 708, examples of prohibited employment investigations and/or enforcement disclosures to outside parties must be practices, but the list does not purport actions by the relevant regulatory closely related to the ‘‘regular channels’’ to be exclusive. For example, OHA agency.’’ of protected activity in order to be protected under 42 U.S.C. 5851. decisions have recognized that the Response: As first proposed in 1990, Comment: In the same vein, this removal of the complainant from one part 708 only would have covered commenter contends that the scope of job assignment and his reassignment to disclosures to DOE (55 FR 9326). protected activity in § 708.5(a) is another job constituted retaliation, even Comments were received that advocated unclear because ‘‘it is possible that though removal from an assignment is expanding the coverage to encompass employee would be denied relief merely not specifically mentioned in § 708.2. disclosures to citizen groups, the media, for doing his/her job.’’ The commenter Ronald Sorri, 23 CCH Fed. Energy state and Federal regulatory officials, argues that this result ‘‘would cancel Guidelines ¶87,503 at 89,010 (1993). It and members of Congress. The final protection for employees whose jobs is not necessary to rewrite the definition 1992 version of part 708 extended the require them to take risks of of retaliation in order to give DOE the coverage beyond DOE, to include in- whistleblowers—auditors, inspectors necessary flexibility to carry out the house disclosures to the complainant’s and investigators who make a record of policy objectives of Part 708. employer, higher tier contractors, and to violations that are too politically hot to Actions taken regarding ‘‘security Congress, but went no further (57 FR handle. . . .’’ The commenter clearances,’’ i.e., resolving questions 7535). In explaining why we chose to conjectures that the protection of the about the eligibility of an individual for limit coverage to those parties, DOE rule is only available to employees who DOE access authorization, are governed noted that a fundamental purpose of make protected disclosures ‘‘after by another regulation, 10 CFR part 710, this rule is to encourage DOE contractor hours,’’ outside of their regular duty subpart A. The preamble to the interim employees to feel free to disclose to the assignments. final rule explains that the resolution of DOE information about health and Response: The rule clearly protects national security concerns about an safety problems or mismanagement at employees such as safety and quality employee’s eligibility for a DOE security DOE facilities so that DOE can take inspectors whose job it is to make clearance under part 710 takes corrective action. The Department disclosures about violations of rules and precedence over individual retaliation reasoned that disclosures to other dangers to employees and public health claims under part 708. See 64 FR 12862 parties would not foster that objective. and safety. The commenter has at 12867. However, the preamble Additionally, DOE believed that misinterpreted the plain language of recognizes that retaliation ‘‘could ‘‘extension of this rule to employees § 708.5(a), which contains nothing that include actions by a contractor that making disclosures to other parties would exclude disclosures that are cause the questioning, suspension, or could unduly complicate these routinely made in the course of an termination of a security clearance,’’ procedures with evidentiary problems employee’s work assignment. and that ‘‘with respect to consequences respecting whether a disclosure had Comment: The same commenter beyond the eligibility determination, actually been made.’’ (57 FR 7535). We expressed concern over the requirement Part 708 may apply.’’ With regard to believe that reasoning is still sound. of § 708.5(a)(1) that an employee’s psychiatric examinations, psychiatric Nevertheless, the interim final rule disclosure must concern a ‘‘substantial’’ evaluations can be a proper tool to expanded the coverage to include violation of law in order to be protected. resolve questions of an individual’s disclosures made to other government This commenter correctly notes that eligibility for a security clearance under officials, such as those from other both the Federal whistleblower § 710.8(h). Federal or state agencies who have protection statutes and the case law

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According to this commenter, preview his or her case to the defendant, arbitration procedures prior to filing a the insertion of this term ‘introduces an before even filing it with the DOE,’’ and complaint with DOE under part 708 is unprecedented, subjective wild-card’’ that the employer will have an advance a recognition of the importance of the that would present an unduly opportunity to ‘‘perfect pretexts or collective bargaining process in burdensome test for a worker seeking defenses,’’ ‘‘destroy evidence’’ and learn maintaining effective labor-management whistleblower protection. the identity of witnesses to ‘‘pressure’’ relations at DOE’s facilities. Response: The imposition of this them. The commenter states that it Comment: The same commenter requirement in § 708.5(a)(1) would not ‘‘regularly advises employees to bypass noted its approval of § 708.20, which result in the adoption of a subjective test any system of protection that requires encourages the parties to use mediation that a whistleblower would have to pass them first to tell their side of the dispute as an alternative dispute resolution tool, to qualify for protection. As noted in the to the defendant.’’ but contends that the rule should also preamble to the interim final rule, Response: The requirement to exhaust require mandatory arbitration if ‘‘substantial violation of law’’ is the all applicable grievance-arbitration mediation does not work. same standard that is used in the procedures reflects DOE’s commitment Response: We decline to adopt this Section 6006 of the Federal Acquisition to solving problems at the earliest suggestion. If allegations of reprisal Streamlining Act of 1994 (FASA), Pub. possible stage. We want the employee cannot be resolved informally by L. 103–355, codified in 41 U.S.C. 265, and the contractor to share information mediation, the OHA hearing should be and implemented by the regulation about alleged reprisals for protected the next step in the process. found at 48 CFR part 3, Subpart 3.9, conduct as quickly as possible, so that Comment: The same commenter has ‘‘Whistleblower Protection for little problems do not escalate into big reiterated the argument it raised twice Contractor Employees.’’ The interim ones. We hope that by dealing with the before (in response to the 1996 Notice final rule emulated the standard in the concerns sooner rather than later and by of Inquiry and again in response to the FASA because it represents a balanced using existing grievance-arbitration 1998 Notice of Proposed Rulemaking) approach designed to ensure that minor, procedures, the parties will resolve the that discovery must be mandatory, insubstantial issues do not waste problem and the employee will not need instead of being subject to the discretion limited resources, so whistleblower to file a complaint under part 708. That of the hearing officer. Discovery is protection is available to those workers is why the new rule requires employees authorized in § 708.28(b) of the interim who legitimately need it. to use grievance-arbitration processes final rule, which states that the hearing Comment: The same commenter before filing a complaint under part 708. officer ‘‘may order discovery at the expressed concern about the phrase ‘‘in DOE has worked to change the culture request of a party.’’ good faith’’ that appears in §§ 708.5(a) across the Department’s nationwide Response: OHA hearing officers and 708.6(a), claiming it could impose complex to sensitize its contractors generally leave discovery to the parties a ‘‘motives test’’ that ‘‘allows an against reprisal, and we believe this to work out between themselves. It is employee’s intentions to be put on trial effort has been reasonably successful. usually unnecessary for the hearing as a precondition to using the rule.’’ We know of few recent cases involving officer to become involved in the This commenter correctly notes that the the circumstances alluded to by the process. However, to make certain the inclusion of a good faith test in those commenter. discovery process cannot be abused in provisions is inconsistent with the In addition, under the National Labor the ways described in the comment, it Whistleblower Protection Act, which Relations Act, a recognized labor is important for the hearing officer to uses the standard that the employee organization serves as the exclusive have the authority to rule on contested must ‘‘reasonably believe’’ the matters representative for collective bargaining discovery issues if they arise. We they are disclosing are among the types purposes of the employees in the therefore decline to adopt the of concerns enumerated in the Act. recognized bargaining unit. Successful commenter’s suggestion. Response: The commenter’s views on collective bargaining results in a Comment: Another comment the ‘‘good faith’’ test have considerable collective bargaining agreement between maintains that the scope of relief merit. DOE did not intend to place the the labor organization and the employer permitted under part 708 is ‘‘unclear’’ employee’s state of mind into issue. We concerning the terms and conditions of because § 708.36(a) does not specifically think the ‘‘reasonable belief’’ standard is employment of the employees in the authorize ‘‘personal and/or institutional sufficient, in and of itself. None of the bargaining unit. The collective discipline for violating anti-retaliation other federal whistleblower protection bargaining agreement usually includes provisions.’’ This commenter maintains statutes contains a similar ‘‘good faith’’ the establishment of an employee that without the power to punish requirement. Accordingly, the final rule grievance arbitration procedure and ‘‘bureaucratic bullies’’ who commit acts omits this phrase in order to conform to describes how it will operate. A of retaliation, the rule cannot deter the current state of the Federal law on grievance arbitration procedure harassment. whistleblower protection. represents a continuation of the Response: As noted in the preamble to Comment: The same commenter collective bargaining process, which the the interim final rule, 64 FR 12867, the noted that under § 708.13, employees National Labor Relations Act protects. restitutionary remedies authorized are now required to ‘‘exhaust all An employer, even an employer who under § 708.36 are intended to correct applicable grievance-arbitration has allegedly retaliated against a unwarranted employment actions, by procedures’’ before being eligible to file whistleblower, ignores the bargained-for restoring employees to the position they a whistleblower complaint with DOE grievance procedure at its peril. The would have occupied but for the under part 708. According to the National Labor Relations Board, which retaliation. They are not designed to commenter, this disadvantages is responsible for the enforcement of the punish the persons who are found to employees because ‘‘grievance systems provisions of the National Labor have committed acts of retaliation. cannot order mandatory relief and are Relations Act, does not permit an Other remedies are available in different run by the same institution that will be employer to bypass dealing with the forums for employees who are seeking an adverse party in any future union in such a manner. Thus, the more than the abatement of the

VerDate 272000 13:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm01 PsN: 09FER1 6318 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations retaliatory practices and basic procedures, i.e., remedies under ‘‘State Section 708.40 Does This Rule Impose restitution. We therefore decline to or other applicable law,’’ also fall within an Affirmative Duty on DOE Contractors adopt the approach suggested by the the exception under paragraph (b). Not To Retaliate? commenter. Response: The comment reads Yes. DOE contractors may not Comment: One comment seeks paragraph (b) to mean that as long as an retaliate against any employee because clarification that the decision of an employee does not pursue final and the employee (or any person acting at arbitrator will not be disturbed in cases binding grievance-arbitration the request of the employee) has taken in which a claim of retaliation, already procedures, a remedy sought under an action listed in sections 708.5(a)–(c). the subject of arbitration, is also eligible State and other applicable law does not DOE never meant to imply that for review under this rule. The interim bar a complaint under these regulations. contractors do not have an affirmative final rule addresses this concern in This is not what we intended. Rather, duty not to retaliate against employees § 708.4(c)(3), which provides that an paragraph (b) means that seeking a who take protected actions. This new employee may not file a complaint remedy through an informal procedure § 708.40 is restating what has always under these regulations if it is based on that is non-binding and non-final, such been a part of the rule (see old § 708.5, the same facts for which the employee as a contractor’s internal employee ‘‘Prohibition against reprisals’’), and has chosen to pursue a remedy through concerns program, will not bar the filing thus it does not require notice and final and binding grievance-arbitration of complaints under part 708. Paragraph comment. procedures or other state or other (b) thus describes one of the limited applicable law, except as provided by III. Regulatory and Procedural § 708.15(a). conditions under which an employee Requirements who has first sought another remedy Response: Section 708.15(a)(3) A. Review Under Executive Order 12866 answers this question. An employee will still have recourse to part 708. may file a complaint under part 708 Paragraph (c) of § 708.15 makes it clear Today’s regulatory action has been after submitting the same facts to that electing to pursue a formal legal determined not to be ‘‘a significant arbitration after he or she has remedy ‘‘under State or other applicable regulatory action’’ under Executive ‘‘exhausted grievance-arbitration law’’ does bar a complaint under part Order 12866, ‘‘Regulatory Planning and procedures pursuant to § 708.13, and 708. Review’’ (58 FR 51735, October 4, 1993). issues related to alleged retaliation for Comment: Finally, the same comment Accordingly, this action was not subject conduct protected under § 708.5 perceives a discrepancy between to review under that Executive Order by remain.’’ Whether retaliation issues paragraphs (e) and (f) of § 708.22, which the Office of Information and Regulatory remain is a question that depends on the state that an individual being Affairs of the Office of Management and facts in each case. interviewed has the right to Budget (OMB). Comment: This comment also representation and that representatives B. Review Under Executive Order 12988 requests clarification of the kinds of of parties to the complaint are not claims precluded, in § 708.4(e), from entitled to be present at interviews. With respect to the review of existing coverage under these regulations regulations and the promulgation of Response: We do not find a because they deal with ‘‘terms or new regulations, section 3(a) of discrepancy. While representatives of conditions of employment’’ within the Executive Order 12988, ‘‘Civil Justice parties to the complaint (e.g., their meaning of the National Labor Relations Reform’’ (61 FR 4729, February 7, 1996) attorneys) do not have a right to be Act. imposes on Executive agencies the Response: As noted in the preamble to present during a witness interview, they general duty to adhere to the following the interim final rule, 64 FR 12868, may attend at the request of the person requirements: (1) Eliminate drafting ‘‘terms and conditions of employment’’ being interviewed. Thus, a contractor’s errors and ambiguity; (2) write are subject to review under part 708 counsel may be present, but only if regulations to minimize litigation; and when the complaint alleges that they requested by the subject of the (3) provide a clear legal standard for have been changed in retaliation for a interview. It is for the interview subject affected conduct rather than a general protected disclosure. Part 708 is not to choose whether he or she wishes to standard and promote simplification otherwise intended to intrude into the speak to the investigator with no one and burden reduction. With regard to domain traditionally covered by the else present, or with a representative the review required by section 3(a), National Labor Relations Act. present. The comment also seeks section 3(b) of Executive Order 12988 Comment: The same comment points clarification whether this section specifically requires that Executive out a perceived discrepancy between applies to the procedures of the DOE’s agencies make every reasonable effort to paragraphs (a) and (b) of § 708.15. Employee Concerns Program. The ensure that the regulation: (1) Clearly Paragraph (a) provides that a complaint provisions of § 708.22 apply to the specifies the preemptive effect, if any; may not be filed if a remedy under the investigation, hearing and appeal (2) clearly specifies any effect on same facts was sought ‘‘under State or procedures in subpart C; they do not existing federal law or regulation; (3) other applicable law, including final apply to informal resolution procedures provides a clear legal standard for and binding grievance-arbitration undertaken by DOE offices, which are affected conduct while promoting procedures, unless’’ one of the described in subpart B. simplification and burden reduction; (4) exceptions from the binding election of Finally, we are correcting a specifies the retroactive effect, if any; (5) remedies described in the ensuing typographical error in § 708.15(d), adequately defines key terms; and (6) subsections of § 708.15 is met. which in the interim final rule refers to addresses other important issues Paragraph (b) states, ‘‘Pursuing a remedy § 708.17(c)(2) when it should refer to affecting clarity and general other than final and binding grievance- § 708.17(c)(3), and we are adding the draftsmanship under any guidelines arbitration procedures does not prevent following new section at the end of the issued by the Attorney General. Section you from filing a complaint under this final rule to restore an important policy 3(c) of Executive Order 12988 requires part.’’ The comment asks whether statement in the original 1992 version of Executive agencies to review regulations remedies listed in paragraph (a), other part 708 that was inadvertently omitted in light of applicable standards in than the grievance-arbitration from the interim final rule: section 3(a) and section 3(b) to

VerDate 272000 16:00 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm02 PsN: 09FER1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations 6319 determine whether they are met or it is for such actions. DOE has examined 2. Section 708.5(a) (introductory text) unreasonable to meet one or more of today’s rule and has determined that it is revised to read as follows: them. DOE has completed the required does not preempt State law and does not review and determined that, to the have a substantial direct effect on the § 708.5 What employee conduct is protected from retaliation by an employer? extent permitted by law, this proposed States, on the relationship between the rule meets the relevant standards of national government and the States, or * * * * * Executive Order 12988. on the distribution of power and (a) Disclosing to a DOE official, a responsibilities among the various member of Congress, any other C. Review Under the Regulatory levels of government. No further action government official who has Flexibility Act is required by Executive Order 13132. responsibility for the oversight of the The Regulatory Flexibility Act (5 conduct of operations at a DOE site, U.S.C. 601 et seq.) requires preparation G. Review Under the Unfunded your employer, or any higher tier of an initial regulatory flexibility Mandates Reform Act of 1995 contractor, information that you analysis for any rule that by law must Title II of the Unfunded Mandates reasonably believe reveals— be proposed for public comment, unless Reform Act of 1995 (Pub. L. 104–4) * * * * * the agency certifies that the rule, if requires each federal agency to prepare 3. Section 708.6(a) is revised to read promulgated, will not have a significant a written assessment of the effects of as follows: economic impact on a substantial any federal mandate in a proposed or § 708.6 What constitutes ``a reasonable number of small entities. Because DOE final rule that may result in the fear of serious injury?'' is not required by the Administrative expenditure by state, local, and tribal Procedure Act (5 U.S.C. 553) or any governments, in the aggregate, or by the * * * * * (a) A reasonable person, under the other law to propose the rule for public private sector, of $100 million in any circumstances that confronted the comment, DOE did not prepare a one year. The Act also requires a federal employee, would conclude there is a regulatory flexibility analysis for this agency to develop an effective process substantial risk of a serious accident, rule. to permit timely input by elected officers of state, local, and tribal injury, or impairment of health or safety D. Review Under the Paperwork governments on a proposed ‘‘significant resulting from participation in the Reduction Act intergovernmental mandate,’’ and it activity, policy, or practice; or No new collection of information is requires an agency to develop a plan for * * * * * imposed by this interim final rule. giving notice and opportunity for timely 4. Section 708.15(d) is revised to read Accordingly, no clearance by the Office input to potentially affected small as follows: of Management and Budget is required governments before establishing any § 708.15 What happens if an employee under the Paperwork Reduction Act (44 requirement that might significantly or files a complaint under this part and also U.S.C. 3501 et seq.). uniquely affect them. This interim final pursues a remedy under State or other law? E. Review Under the National rule does not contain any federal * * * * * Environmental Policy Act mandate, so these requirements do not (d) If you file a complaint under State apply. or other applicable law after filing a DOE has concluded that promulgation complaint under this part, your of this rule falls into a class of actions H. Congressional Notification complaint under this regulation will be that would not individually or As required by 5 U.S.C. 801, DOE will dismissed under § 708.17(c)(3). cumulatively have a significant impact submit to Congress a report regarding 5. A new Section 708.40 is added as on the human environment, as the issuance of today’s final rule. The follows: determined by DOE’s regulations report will state that it has been implementing the National determined that the rule is not a ‘‘major § 708.40ÐDoes this rule impose an Environmental Policy Act of 1969 (42 rule’’ as defined by 5 U.S.C. 801(2). affirmative duty on DOE contractors not to U.S.C. 4321 et seq.). Specifically, this retaliate? rule deals only with administrative List of Subjects in 10 CFR Part 708 Yes. DOE contractors may not procedures regarding retaliation Administrative practice and retaliate against any employee because protection for employees of DOE procedure, Energy, Fraud, Government the employee (or any person acting at contractors and subcontractors, and, contracts, Occupational Safety and the request of the employee) has taken therefore, is covered under the Health, Whistleblowing. an action listed in §§ 708.5(a)–(c). Categorical Exclusion in paragraph A6 Issued in Washington, on February 1, 2000. [FR Doc. 00–2797 Filed 2–8–00; 8:45 am] to subpart D, 10 CFR part 1021. George B. Breznay, BILLING CODE 6450±01±P Accordingly, neither an environmental Director, Office of Hearings and Appeals. assessment nor an environmental impact statement is required. Accordingly, the interim rule amending 10 CFR part 708 which was FEDERAL RESERVE SYSTEM F. Review under Executive Order 13132 published at 64 FR 12862 on March 15, 12 CFR Part 272 Executive Order 13132 (64 FR 43255, 1999, and amended at 64 FR 37396 on August 4, 1999) imposes certain July 12, 1999, is adopted as a final rule [Docket No. R±1059] requirements on agencies formulating with the following changes: and implementing policies or Rules of Procedure PART 708Ð[AMENDED] regulations that preempt State law or AGENCY: Federal Open Market that have federalism implications. 1. The authority citation for part 708 Committee. Agencies are required to examine the continues to read as follows: ACTION: Final rule; technical constitutional and statutory authority Authority: 42 U.S.C. 2201(b), 2201(c), amendment. supporting any action that would limit 2201(i) and 2201(p); 42 U.S.C. 5814 and the policy making discretion of the 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; SUMMARY: The Federal Open Market States and carefully assess the necessity and 5 U.S.C. Appendix 3. Committee (‘‘the Committee’’) is

VerDate 272000 16:00 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm02 PsN: 09FER1 6320 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations amending its Rules of Procedure to public comment, nor the Congressional SUMMARY: This amendment changes the revise and expand upon the means of Review Act, 5 U.S.C. 801 et seq., name of Tupelo Municipal—C.D. communication available to the applies. In addition, the amendments Lemons Municipal Airport to Tupelo Secretary of the Committee and the are technical amendments to update the Regional Airport and changes the title of members regarding meetings and rules to reflect new methods of the airspace designation for the Tupelo proposed actions between meetings. The communication, and its prompt Regional Airport located at Tupelo, MS, current rules provide that such implementation will improve the from Tupelo Municipal—C.D. Lemons communications must be in writing or Committee’s operational efficiency Municipal Airport to Tupelo Regional by telegram. The proposed amendments without adversely affecting any other Airport. would delete telegram as an accepted persons. Accordingly, the Committee EFFECTIVE DATE: 0901 UTC, April 20, means of communication and would finds good cause not to delay the 2000. permit communications by telephone, effective date of the amendments including facsimile transmissions, or pursuant to 5 U.S.C. 553(d). FOR FURTHER INFORMATION CONTACT: electronic means, such as by electronic Nancy B. Shelton, Manager, Airspace List of Subjects in 12 CFR part 272 mail. The option to require written Branch, Air Traffic Division, Federal communications would be retained. Administrative practice and Aviation Administration, P.O. Box DATES: February 9, 2000. procedure, Federal Open Market 20636, Atlanta, Georgia 30320; FOR FURTHER INFORMATION CONTACT: Committee, Organization and functions telephone (404) 305–5627. Stephen L. Siciliano, Special Assistant (Government agencies). SUPPLEMENTARY INFORMATION: For the reasons set out in the to the General Counsel for History Administrative Law, Legal Division, preamble, 12 CFR part 272 is amended Board of Governors of the Federal as set forth below: The Tupelo, MS, Airport Authority has changed the name of the airport to Reserve System, (202) 452–3920. For the PART 272ÐFEDERAL OPEN MARKET hearing impaired only, better describe the area served. This COMMITTEEÐRULES OF amendment is necessary to reflect that Telecommunication Device for the Deaf PROCEDURE (TDD), Diane Jenkins (202–452–3544), change. The dimensions, configuration Board of Governors of the Federal 1. The authority citation for part 272 and operating requirements of the Reserve System, 20th and C Streets, continues to read as follows affected airspace do not change. This rule will become effective on the date NW, Washington, D.C. 20551. Authority: 5 U.S.C. 552 SUPPLEMENTARY INFORMATION: The rules specified in the DATES section. Since were last updated in 1979. Since that § 272.3 [Amended] this action does not change the time, new and reliable, readily available 2. In § 272.3(a) and (b), remove the dimensions, configuration or operating methods of transmittal, such as words ‘‘in writing or by telegram’’ requirements of the Class D, Class E2 or facsimile and electronic mail, have wherever they appear and add in their Class E5 airspace for the airport, and as become available while previously place, the words ‘‘in writing, by a result, has no impact on users of the relied on methods, such as the telegram, telephone, or electronic means.’’ airspace in the vicinity of the Tupelo are no longer used. Regional Airport, notice and public The proposed amendments would § 272.4 [Amended] procedure under 5 U.S.C. 553(b) are affect the manner in which the Secretary 3. Section 272.4(b) is amended by unnecessary. Designations for class D, gives notice to members of the revising the fourth sentence to read as Class E2 and Class E5 airspace areas Committee of calls for meetings by the follows: ‘‘All communications of extending upward from 700 feet or more Chairman or requests by members for recommended actions and votes under above the surface are published in FAA the calling of a meeting. They would this paragraph shall be in writing, by Order 7400.9G, dated September 1, also affect the means by which the telephone, or electronic means; if the 1999, and effective September 16, 1999, Secretary transmits the relevant communication is made orally, the which is incorporated by reference in 14 information and recommendations for Secretary shall cause a written record to CFR part 71.1. The Class D and E an action to modify an outstanding be made without delay.’’ airspace designations listed in this Committee authorization or directive at By order of the Federal Open Market document will be published a time when it is not feasible to call a Committee, February 3, 2000. subsequently in the Order. meeting. The amendments to the rules Donald L. Kohn, The Rule also would permit a member to Secretary of the Committee. This amendment to part 71 of the communicate with the Secretary by [FR Doc. 00–2941 Filed 2–8–00; 8:45 am] telephone or electronic means to request Federal Aviation Regulations (14 CFR BILLING CODE 6210±01±P a meeting, to inform the Secretary when part 71) changes the name of Tupelo he or she will not be available to attend Municipal—C.D. Lemons Municipal a meeting, and also to transmit his or Airport and changes the title of the DEPARTMENT OF TRANSPORTATION her vote on an action proposed between airspace designation for the Tupelo Regional Airport located at Tupelo, MS, meetings. Federal Aviation Administration Accordingly, the Committee is from Tupelo Municipal—C.D. Lemons Municipal Airport, MS, to Tupelo amending its Rules of Procedure by 14 CFR Part 71 changing all references to ‘‘in writing or Regional Airport. MS. by telegram’’ to ‘‘in writing, by [Airspace Docket No. 00±ASO±3 The FAA has determined that this telephone, or by electronic means’’ as regulation only involves an established the accepted methods of Amendment to Class D and Class E body of technical regulations for which communication. Airspace, Tupelo, MS frequent and routine amendments are The amendments adopted by the AGENCY: Federal Aviation necessary to keep them operationally Committee are rules of procedure. Administration (FAA), DOT. current. It, therefore: (1) Is not a Accordingly, neither 5 U.S.C. 553(b), ‘‘significant regulatory action’’ under ACTION: Final rule. requiring notice and opportunity for Executive Order 12866; (2) is not a

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‘‘significant rule’’ under DOT Paragraph 6005 Class E Airspace Areas 2. The FAA Regional Office of the Regulatory Policies and Procedures (44 Extending Upward from 700 feet or More region in which affected airport is FR 11034; February 26, 1979); and (3) above the Surface of the Earth. located; or does not warrant preparation of a * * * * * 3. The Flight Inspection Area Office regulatory evaluation as the anticipated ASO MS E5 Tupelo, MS which originated the SIAP. impact is so minimal. Since this is a Tupelo Regional Airport, MS For Purchase— routine matter that will only affect air (Lat. 34°16′05″ N, long. 88°46′12″ W) traffic procedures and air navigation, it Individual SIAP copies may be That airspace extending upward from 700 obtained from: is certified that this rule will not have feet above the surface within a 6.6-mile a significant economic impact on a radius of Tupelo Regional Airport. 1. FAA Public Inquiry Center (APA– substantial number of small entities 200), FAA Headquarters Building, 800 * * * * * under the criteria of the Regulatory Independence Avenue, SW., Flexibility Act. Issued in College Park, Georgia, on January Washington, DC 20591; or 31, 2000. 2. The FAA Regional Office of the List of Subjects in 14 CFR Part 71 Nancy B. Shelton, region in which the affected airport is Airspace, Incorporation by reference, Acting Manager, Air Traffic Division, located. Navigation (air). Southern Region. By Subscription— Adoption of the Amendment [FR Doc. 00–2958 Filed 2–8–00; 8:45 am] BILLING CODE 4910±13±M Copies of all SIAPs, mailed once In consideration of the foregoing, the every 2 weeks, are for sale by the Federal Aviation Administration Superintendent of Documents, US amends 14 CFR Part 71 as follows: DEPARTMENT OF TRANSPORTATION Government Printing Office, Washington, DC 20402. PART 71Ð[AMENDED] Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: 1. The authority citation for 14 CFR Donald P. Pate, Flight Procedure 14 CFR Part 97 Part 71 continues to read as follows: Standards Branch (AMCAFS–420), Authority: 49 U.S.C. 106(g); 40103, 40113, Flight Technologies and Programs [Docket No. 29920; Amdt. No. 1974] 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– Division, Flight Standards Service, 1963 Comp., p. 389; 14 CFR 11.69. Federal Aviation Administration, Mike Standard Instrument Approach Monroney Aeronautical Center, 6500 § 71.1 [Amended] Procedures; Miscellaneous South MacArthur Blvd. Oklahoma City Amendments 2. The incorporation by reference in OK. 73169 (Mail Address: P.O. Box 14 CFR 71.1 of Federal Aviation AGENCY: Federal Aviation 25082 Oklahoma City, OK. 73125) Administration Order 7400.9G, Airspace Administration (FAA), DOT. telephone: (405) 954–4164. Designations and Reporting Points, SUPPLEMENTARY INFORMATION: This ACTION: Final rule. dated September 1, 1999, and effective amendment to part 97 of the Federal September 16, 1999, is amended as SUMMARY: This amendment establishes, Aviation Regulations (14 CFR part 97) follows: amends, suspends, or revokes Standard establishes, amends, suspends, or Paragraph 5000 Class D Airspace. Instrument Approach Procedures revokes Standard Instrument Approach Procedures (SIAPs). The complete * * * * * (SIAPs) for operations at certain airports. These regulatory actions are regulatory description on each SIAP is ASO MS D Tupelo, MS [Revised] needed because of changes occurring in contained in the appropriate FAA Form Tupelo Regional Airport, MS the National Airspace System, such as 8260 and the National Flight Data ° ′ ″ ° ′ ″ (Lat. 34 16 05 N, long. 88 46 12 W) the commissioning of new navigational Center (FDC) /Permanent (P) Notices to That airspace extending upward from the facilities, addition of new obstacles, or Airmen (NOTAM) which are surface to and including 2,800 feet MSL changes in air traffic requirements. incorporated by reference in the within a 4.1-mile radius of Tupelo Regional amendment under 5 U.S.C. 552(a), 1 Airport. This Class D airspace area is These changes are designed to provide safe and efficient use of the navigable CFR part 51, and § 97.20 of the Federal effective during the specific days and times Aviation’s Regulations (FAR). Materials established in advance by a Notice to airspace and to promote safe flight Airmen. The effective days and times will operations under instrument flight rules incorporated by reference are available thereafter be continuously published in the at the affected airports. for examination or purchase as stated Airport/Facility Directory. above. DATES: An effective date for each SIAP * * * * * The large number of SIAPs, their is specified in the amendatory complex nature, and the need for a Paragraph 6002 Class E Airspace provisions. special format make their verbatim Designated as Surface Area. Incorporation by reference-approved publication in the Federal Register * * * * * by the Director of the Federal Register expensive and impractical. Further, on December 31, 1980, and reapproved airmen do not use the regulatory text of ASO MS E2 Tupelo, MS as of January 1, 1982. Tupelo Regional Airport, MS the SIAPs, but refer to their graphic (Lat. 34°16′05″ N, long. 88°46′12″ W) ADDRESSES: Availability of matter depiction of charts printed by Within a 4.1-mile radius of Tupelo incorporated by reference in the publishers of aeronautical materials. Regional Airport. This Class E airspace area amendment is as follows: Thus, the advantages of incorporation by reference are realized and is effective during the specific days and times For Examination— established in advance by a Notice to publication of the complete description Airmen. The effective days and times will 1. FAA Rules Docket, FAA of each SIAP contained in FAA form thereafter be continuously published in the Headquarters Building, 800 documents is unnecessary. The Airport/Facility Directory. Independence Avenue, SW., provisions of this amendment state the * * * * * Washington, DC 20591; affected CFR (and FAR) sections, with

VerDate 272000 13:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm01 PsN: 09FER1 6322 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations the types and effective dates of the SIAP amendments requires making Issued in Washington, DC on February 4, SIAPs. This amendment also identifies them effective in less than 30 days. 2000. the airport, its location, the procedure Further, the SIAPs contained in this L. Nicholas Lacey, identification and the amendment amendment are based on the criteria Director, Flight Standards Service. number. contained in the TERPS. Because of the Adoption of the Amendment The Rule close and immediate relationship between these SIAPs and safety in air Accordingly, pursuant to the This amendment to part 97 of the commerce, I find that notice and public authority delegated to me, part 97 of the Federal Aviation Regulations (14 CFR procedure before adopting these SIAPs Federal Aviation Regulations (14 CFR part 97) establishes, amends, suspends, are impracticable and contrary to the part 97) is amended by establishing, or revokes SIAPs. For safety and public interest and, where applicable, amending, suspending, or revoking timeliness of change considerations, this that good cause exists for making these Standard Instrument Approach amendment incorporates only specific SIAPs effective in less than 30 days. Procedures, effective at 0901 UTC on changes contained in the content of the the dates specified, as follows: following FDC/P NOTAMs for each Conclusion SIAP. The SIAP information in some The FAA has determined that this PART 97ÐSTANDARD INSTRUMENT previously designated FDC/Temporary regulation only involves an established APPROACH PROCEDURES (FDC/T) NOTAMs is of such duration as body of technical regulations for which 1. The authority citation for part 97 is to be permanent. With conversion to frequent and routine amendments are revised to read as follows: FDC/P NOTAMs, the respective FDC/T necessary to keep them operationally NOTAMs have been canceled. current. It, therefore—(1) is not a Authority: 49 U.S.C. 40103, 40113, 40120, The FDC/P NOTAMs for the SIAPs ‘‘significant regulatory action’’ under 44701; 49 U.S.C. 106(g); and 14 CFR contained in this amendment are based Executive Order 12866; (2) is not a 11.49(b)(2). on the criteria contained in the U.S. ‘‘significant rule’’ under DOT 2. Part 97 is amended to read as Standard for Terminal Instrument Regulatory Policies and Procedures (44 follows: Procedures (TERPS). In developing FR 11034; February 26, 1979); and (3) § § 97.23, 97.25, 9727, 97.31, 97.33 AND these chart changes to SIAPs by FDC/P does not warrant preparation of a 97.35 [Amended] NOTAMs, the TERPS criteria were regulatory evaluation as the anticipated By amending; § 97.23 VOR,/DME, applied to only these specific conditions impact is so minimal. For the same VOR or TACAN, and VOR/DME or existing at the affected airports. All reason, the FAA certifies that this TACAN; § 97.25 LOC, LOC/DME, LDA, SIAP amendments in this rule have amendment will not have a significant LDA/DME, SDF, SDF/DME; § 97.27 been previously issued by the FAA in a economic impact on a substantial NDB, NDB/DME; § 97.29 ILS, ILS/DME, National Flight Data Center (FDC) number of small entities under the ISMLS, MLS, MLS/DME, MLS/RNAV, Notice to Airmen (NOTAM) as an criteria of the Regulatory Flexibility Act. § 97.31 RADAR SIAPs; § 97.33 RNAV emergency section of immediate flight List of Subjects in 14 CFR Part 97 SIAPs; and § 97.35 COPTER SIAPs, safety relating directly to published identified as follows: aeronautical charts. The circumstances Air Traffic Control, Airports, which created the need for all these Navigation (Air). EFFECTIVE UPON PUBLICATION

FDC date State City Airport FDC No. SIAP

01/10/00 ..... GA MARIETTA ...... COBB COUNTYÐMCCOLLUM FIELD FDC 0/0261 GPS RWY 9 ORIG... CORRECTS TL±04 01/14/00 ..... GA DEADHORSE ...... DEADHORSE ...... FDC 0/0387 VOR/DME OR TACAN RWY 22 AMDT 2... 01/18/00 ..... GA MARIETTA ...... COBB COUNTYÐMCCOLLUM FIELD FDC 0/0460 VOR/DME RWY 9, ORIG±C 01/19/00 ..... AK DEADHORSE ...... DEADHORSE ...... FDC 0/0491 LOC/DME BC RWY WW AMDT 8... THIS REPLACES FDC 0/03888 01/19/00 ..... AK HOMER ...... HOMER ...... FDC 0/0499 GPS RWY 3, ORIG±A... THIS REPLACES FDC 0/0247 AND 9/ 9697 01/19/10 ..... OR AURORA ...... AURORA STATE ...... FDC 0/0498 VOR/DME OR GPS±A, AMDT 2... 01/19/00 ..... OR EUGENE ...... MAHLON SWEET FIELD ...... FDC 0/0496 VOR/DME OR TACAN RWY 3 AMDT 3... 01/19/00 ..... OR EUGENE ...... MAHLON SWEET FIELD ...... FDC 0/0497 GPS RWY 3 ORIG... 01/19/00 ..... OR HERMISTON ...... HERMISTON MUNI ...... FDC 0/0495 VOR/DME OR GPW±A, AMDT 2... 01/19/00 ..... PA COATESVILLE ...... CHESTER COUNTY G.O. CARLSON FDC 0/0486 GPS RWY 29, ORIG... 01/19/00 ..... PA COATESVILLE ...... CHESTER COUNTY G.O. CARLSON FDC 0/0487 GPS RWY 11, ORIG... 01/19/00 ..... PA COATESVILLE ...... CHESTER COUNTY G.O. CARLSON FDC 0/0488 ILS RWY 29, AMDT 6B.. 01/19/00 ..... TX BRENHAM ...... BRENHAM MUNI ...... FDC 0/0478 GPS RWY 16, ORIG... 01/19/00 ..... WI EAU CLAIRE ...... CHIPPEWA VALLEY REGIONAL ...... FDC 0/0481 VOR OR GPS±A, AMDT 21... 01/19/00 ..... WI EAU CLAIRE ...... CHIPPEWA VALLEY REGIONAL ...... FDC 0/0483 ILS RWY 22, AMDT 6... 01/19/00 ..... WI EAU CLAIRE ...... CHIPPEWA VALLEY REGIONAL ...... FDC 0/0484 NDB OR GPS RWY 22, AMDT 6... 01/20/00 ..... AK KOTZBUE ...... RALPH WIEN MEMORIAL ...... FDC 0/0520 VOR/DME RWY 27, AMDT 1A... 01/20/00 ..... AL TALLAGEGA ...... TALLAGEGA MUNI ...... FDC 0/0463 VOR/DME RWY 3, AMDT 4... 01/20/00 ..... AZ TAYLOR ...... TAYLOR MUNI ...... FDC 0/0521 GPS RWY 21, ORIG... 01/20/00 ..... GA NASHVILLE ...... BERRIEN COUNTY ...... FDC 0/0527 GPS RWY 9, ORIG... 01/20/00 ..... PA REEDSVILLE ...... MIFFLIN COUNTY ...... FDC 0/0510 LOC RWY 5, AMDT 7A...

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FDC date State City Airport FDC No. SIAP

01/20/00 ..... TX HARLINGEN ...... VALLEY INTL...... FDC 0/0511 VOR/DME OR TACAN RWY 31 ORIG... THIS REPLACES FDC 0/0131 01/21/00 ..... CA SAN DIEGO ...... SAN DIEGO INTL±LINDBERG FIELD FDC 0/0539 LOC RWY 27 AMDT. 2B... 01/21/00 ..... OH YOUNGSTOWN .... YOUNGSTOWN±WARREN RE- FDC 0/0564 NBD OR GPS RWY 32, AMDT 18... GIONAL. 01/21/00 ..... OR ONTARIO ...... ONTARIO MUNI ...... FDC 0/0535 NDB OR GPS RWY 32, AMDT 4... 01/21/00 ..... SC COLUMBIA ...... COLUMBIA METROPOLITAN ...... FDC 0/0568 RADAR±1 AMDT 9A... 01/21/00 ..... SC COLUMBIA ...... COLUMBIA METROPOLITAN ...... FDC 0/0574 ILS RWY 11 (CAT I, II, III), AMDT 14... 01/21/00 ..... SC COLUMBIA ...... COLUMBIA METROPOLITAN ...... FDC 0/0575 ILS RWY 29, AMDT 3D... 01/21/00 ..... SC COLUMBIA ...... COLUMBIA METROPOLITAN ...... FDC 0/0576 VOR GR GPS±A, AMDT 15... 01/21/00 ..... SC COLUMBIA ...... COLUMBIA METROPOLITAN ...... FDC 0/0577 GPS RWY 5, ORIG... 01/21/00 ..... SC COLUMBIA ...... COLUMBIA METROPOLITAN ...... FDC 0/0578 GPS RWY 23, ORIG±A... 01/21/00 ..... TX WACO ...... TSTC WACO ...... FDC 0/0541 RADAR±1, AMDT 3... 01/21/00 ..... TX WACO ...... TSTC WACO ...... FDC 0/0553 NDB RWY 17L, AMDT 9... 01/21/00 ..... TX WACO ...... TSTC WACO ...... FDC 0/0554 GPS RWY 17L, ORIG... 01/21/00 ..... TX WACO ...... TSTC WACO ...... FDC 0/0557 GPS RWY 35R, ORIG... 01/21/00 ..... TX WACO ...... TSTC WACO ...... FDC 0/0558 ILS RWY 17L, AMDT 11A... 01/21/00 ..... WY LARAMIE ...... LARAMIE REGIONAL ...... FDC 0/0563 VOR/DME OR TACAN OR GPS RWY 30, AMDT 6... 01/21/00 ..... WY SHERIDAN ...... SHERIDAN COUNTY ...... FDC 0/0561 ILS/DME RWY 32, ORIG±A... 01/21/00 ..... WY SHERIDAN ...... SHERIDAN COUNTY ...... FDC 0/0562 VOR OR GPS RWY 14, ORIG... 01/24/00 ..... KS MANHATTAN ...... MANHATTAN REGIONAL ...... FDC 0/0643 ILS RWY 3, AMDT 6B... 01/24/00 ..... KS MANHATTAN ...... MANHATTAN REGIONAL ...... FDC 0/0644 NDB OR GPS±A, AMDT 19B... 01/24/00 ..... KS MANHATTAN ...... MANHATTAN REGIONAL ...... FDC 0/0645 VOR/DME OR GPS±F, ORIG±A... 01/24/00 ..... KS MANHATTAN ...... MANHATTAN REGIONAL ...... FDC 0/0646 VOR±H, AMDT 14A... 01/24/00 ..... KS MANHATTAN ...... MANHATTAN REGIONAL ...... FDC 0/0647 VOR OR GPS RWY 3, AMDT 17A... 01/24/00 ..... MN LITCHFIELD ...... LITCHFIELD MUNI ...... FDC 0/0658 VOR/DME RWY 13, ORIG... 01/24/00 ..... NC WASHINGTON ...... WARREN FIELD ...... FDC 0/0599 NDB RWY 5, ORIG±A... 01/24/00 ..... NY FARMINGDALE .... REPUBLIC ...... FDC 0/0659 ILS RWY 14 AMDT 7... 01/24/00 ..... OR EUGENE ...... MAHLON SWEET FIELD ...... FDC 0/0650 VOR/DME OR TACAN RWY 34, AMDT 4... 01/24/00 ..... OR PENDLETON ...... EASTERN OREGON REGIONAL AT FDC 0/0649 VOR OR GPS RWY 7, AMDT 14... PENDLETON. 01/24/00 ..... PA LATROBE ...... ARNOLD PALMER REGIONAL ...... FDC 0/0657 ILS RWY 23, AMDT 15... 01/24/00 ..... PA MEADVILLE ...... PORT MEADVILLE ...... FDC 0/0662 LOC RWY 25 AMDT 3A... 01/24/00 ..... PA MEADVILLE ...... PORT MEADVILLE ...... FDC 0/0663 GPS RWY 25 ORIG... 01/24/00 ..... PA MEADVILLE ...... PORT MEADVILLE ...... FDC 0/0664 VOR OR GPS RWY 7 AMDT 6... 01/24/00 ..... TX WACO ...... TSTC WACO ...... FDC 0/0661 NDB RWY 35R, AMDT 10... 01/26/00 ..... KS CHANUTE ...... CHANUTE MARTIN JOHNSON ...... FDC 0/0721 VOR/DME RNAV OR GPS RWY 36, AMDT 3B... 01/26/00 ..... KS CHANUTE ...... CHANUTE MARTIN JOHNSON ...... FDC 0/0722 VOR/DME OR GPSLA, AMDT 9B... 01/27/00 ..... AK PETERSBURG ...... JAMES A... JOHNSON ...... FDC 0/0759 LDA±DME±D, AMDT 5B... 01/27/00 ..... AL DECATUR ...... DECATUR/PRYOR FIELD REGIONAL FDC 0/0752 VOR OR GPS RWY 18, AMDT 12... 01/27/00 ..... NM CLOVIS ...... CLOVIS MUNI ...... FDC 0/0742 VOR RWY 22, AMDT 4... 01/27/00 ..... NM CLOVIS ...... CLOVIS MUNI ...... FDC 0/0743 GPS RWY 22, ORIG... 01/28/00 ..... AL DECATUR ...... DECATUR/PRYOR FIELD REGIONAL FDC 0/0780 VOR OR GPS RWY 36, AMDT 4... 01/28/00 ..... FL WILLLISTON ...... WILLISTON MUNI ...... FDC 0/0813 GPS RWY 22, ORIG... 01/28/00 ..... KY PIKEVILLE ...... PIKE COUNTY±HATCHER FIELD ...... FDC 0/0778 GPS RWY 8, ORIG... 01/28/00 ..... KY PIKEVILLE ...... PIKE COUNTY±HATCHER FIELD ...... FDC 0/0779 GPS RWY 26, ORIG... 01/28/00 ..... PA DOYLESTOWN ..... DOYLESTOWN ...... FDC 0/0795 VOR OR GPS RWY 23 AMDT 6... 01/28/00 ..... PA DOYLESTOWN ..... DOYLESTOWN ...... FDC 0/0801 NDB RWY 23 AMDT 2... 01/28/00 ..... TN MEMPHIS ...... MEMPHIS INTL ...... FDC 0/0775 ILS RWY 27 AMDT 2... 01/31/00 ..... CA SAN DIEGO ...... SAN DIEGO INTL±LINDBERGH FIELD FDC 0/0849 NDB OR GPS RWY 27 AMDT 1B... 01/31/00 ..... LA SHREVEPORT ...... SHREVEPORT REGIONAL ...... FDC 0/0852 ILS RWY 14 (CAT I, II), AMDT 23... 01/31/00 ..... MO JEFFERSON CITY JEFFERSON CITY MEMORIAL ...... FDC 0/0866 GPS RWY 30, ORIG... 01/31/00 ..... MO JEFFERSON CITY JEFFERSON CITY MEMORIAL ...... FDC 0/0867 GPS RWY 12, ORIG... 01/31/00 ..... UT OGDEN ...... OGDEN±HINCKLEY ...... FDC 0/0869 VOR RWY 7, AMDT 5A... 02/01/00 ..... AZ PHOENIX ...... PHOENIX SKY HARBOR INTL ...... FDC 0/0954 LOC BC RWY 26L AMDT 9... 02/01/00 ..... AZ TUCSON ...... TUCSON INTL ...... FDC 0/0951 LOC/DME BC RWY 29R AMDT 7... 02/01/00 ..... AZ TUCSON ...... TUCSON INTL ...... FDC 0/0952 VOR/DME OR TACON OR GPS RWY 29R AMDT2... 02/01/00 ..... AZ WINDOW ROCK ... WINDOW ROCK ...... FDC 0/0909 VOR/DME OR GPS±A ORIG±A... 02/01/00 ..... AZ YUMA ...... YUMA MICAS±YUMA INTL ...... FDC 0/0948 GPS RWY 17 ORIG... 02/01/00 ..... AZ YUMA ...... YUMA MICAS±YUMA INTL...... FDC 0/0964 VOR/DME OR TACAN±1 RWY 17 AMDT 1... 02/01/00 ..... CA BAKERSFIELD ...... MEADOWS FIELD ...... FDC 0/0906 GPS RWY 30R ORIG... 02/01/00 ..... CA BAKERSFIELD ...... MEADOWS FIELD ...... FDC 0/0910 NDB RWY 30R AMDT 6A... 02/01/00 ..... CA SAN FRANCISCO SAN FRANCISCO INTL ...... FDC 0/0967 VOR RWY 19L AMDT 8A... 02/01/00 ..... GA ATLANTA ...... THE WILLIAM B. HARTSFIELD AT- FDC 0/0805 ILS RWY 9L, AMDT 6A... LANTA INTL. 02/01/00 ..... CA ATLANTA ...... THE WILLIAM B. HARTSFIELD AT- FDC 0/0940 VOR OR GPS RWY 27L, AMDT 4... LANTA INTL.

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FDC date State City Airport FDC No. SIAP

02/01/00 ..... GA ATLANTA ...... THE WILLIAM B. HARTSFIELD AT- FDC 0/0941 ILS RWY 27L, AMDT 13... LANTA INTL. 02/01/00 ..... GA ATLANTA ...... THE WILLIAM B. HARTSFIELD AT- FDC 0/0944 ILS RWY 27R, AMDT 3A... LANTA INTL. 02/01/00 ..... GA ATLANTA ...... THE WILLIAM B. HARTSFIELD AT- FDC 0/0946 ILS RWY 26L, AMDT 17B... LANTA INTL. 02/01/00 ..... GA ATLANTA ...... THE WILLIAM B. HARTSFIELD AT- FDC 0/0947 ILS RWY 8L (CAT II, III), AMDT 1B... LANTA INTL. 02/01/00 ..... GA ATLANTA ...... THE WILLIAM B. HARTSFIELD AT- FDC 0/0950 ILS RWY 8R (CAT II), AMDT 58A... LANTA INTL. 02/01/00 ..... GA ATLANTA ...... THE WILLIAM B. HARTSFIELD AT- FDC 0/0953 ILS RWY 9R (CAT II, III), AMDT 16... LANTA INTL. 02/01/00 ..... NV RENO ...... RENO/TAHOR INTL ...... FDC 0/0959 LOC/DME BC RWY 34L AMDT 1A... 02/01/00 ..... NV TONOPAH ...... TONOPAH ...... FDC 0/0960 GPS RWY 15 ORIG... 02/01/00 ..... OR EUGENE ...... MAHLON SWEET FIELD ...... FDC 0/0979 GPS RWY 34, ORIG... 02/01/00 ..... PA BEAVER FALLS .... BEAVER COUNTY ...... FDC 0/0968 LOC RWY 10 AMDT 3... 02/01/00 ..... PA BEDFORD ...... BEDFORD COUNTY ...... FDC 0/0919 GPS RWY 32 ORIG... 02/01/00 ..... PA BEDFORD ...... BEDFORD COUNTY ...... FDC 0/0920 GPS RWY 14 ORIG... 02/01/00 ..... PA BEDFORD ...... BEDFORD COUNTY ...... FDC 0/0922 VOR OR GPS±A ORIG... 02/01/00 ..... PA ERIE ...... ERIE INTL ...... FDC 0/0936 ILS RWY 24 AMDT 7A... 02/01/00 ..... PA ERIE ...... ERIE INTL ...... FDC 0/0938 ILS RWY 6 AMDT 15A... 02/01/00 ..... PA HAZELTON ...... HAZELTON MUNI ...... FDC 0/0924 VOR RWY 10 AMDT 10B... 02/01/00 ..... PA HAZELTON ...... HAZELTON MUNI ...... FDC 0/0925 LOC RWY 28 AMDT 5B... 02/01/00 ..... PA HAZELTON ...... HAZELTON MUNI ...... FDC 0/0926 VOR RWY 28 AMDT 8B... 02/01/00 ..... PA INDIANA ...... INDIANA COUNTY/JIMMY STEWART FDC 0/0966 LOC RWY 28 ORIG... FIELD. 02/01/00 ..... PA QUAKERTOWN .... QUAKERTOWN ...... FDC 0/0927 NDB OR GPS RWY 29 AMDT 9... 02/01/00 ..... PA QUAKERTOWN .... QUAKERTOWN ...... FDC 0/0928 VOR RWY 29 ORIG... 02/01/00 ..... PA SHAMOKIN ...... NORTHUMBERLAND COUNTY ...... FDC 0/0921 GPS RWY 26 ORIG... 02/01/00 ..... PA SHAMOKIN ...... NORTHUMBERLAND COUNTY ...... FDC 0/0923 VOR OR GPS RWY 8 AMDT 3... 02/01/00 ..... SC CHARLESTON ...... CHARLESTON AFB/INTL ...... FDC 0/0918 NDB RWY 15 AMDT 18... 02/01/00 ..... TX HOUSTON ...... GEORGE BUSH INTERCONTI- FDC 0/0975 ILS RWY 8, AMDT 18F... NENTAL AIRPORT. 02/01/00 ..... VA CHESAPEAKE ...... CHESAPEAKE REGIONAL ...... FDC 0/0931 NDB RWY 5 AMDT 1B... 02/01/00 ..... VA CHESAPEAKE ...... CHESAPEAKE REGIONAL ...... FDC 0/0932 GPS RWY 5 AMDT 1... 02/01/00 ..... VA CHESAPEAKE ...... CHESAPEAKE REGIONAL ...... FDC 0/0934 LOC RWY 5 AMDT 2B...

[FR Doc. 00–2956 Filed 2–8–00; 8:45 am] use of the navigable airspace and to Independence Avenue, SW., BILLING CODE 4910±13±M promote safe flight operations under Washington, DC 20591; or instrument flight rules at the affected 2. The FAA Regional Office of the airports. region in which the affected airport is DEPARTMENT OF TRANSPORTATION DATES: An effective date for each SIAP located. Federal Aviation Administration is specified in the amendatory By Subscription provisions. Copies of all SIAPs, mailed once 14 CFR Part 97 Incorporation by reference-approved by the Director of the Federal Register every 2 weeks, are for sale by the [Docket No. 29919; Amdt. No. 1973] on December 31, 1980, and reapproved Superintendent of Documents, U.S. as of January 1, 1982. Government Printing Office, Standard Instrument Approach Washington, DC 20402. ADDRESSES: Availability of matters Procedures; Miscellaneous FOR FURTHER INFORMATION CONTACT: Amendments incorporated by reference in the amendment is as follows: Donald P. Pate, Flight Procedure AGENCY: Federal Aviation Standards Branch (AMCAFS–420), Administration (FAA), DOT. For Examination Flight Technologies and Programs Division, Flight Standards Service, ACTION: Final rule. 1. FAA Rules Docket, FAA Headquarters Building, 800 Federal Aviation Administration, Mike SUMMARY: This amendment establishes, Independence Avenue, SW., Monroney Aeronautical Center, 6500 amends, suspends, or revokes Standard Washington, DC 20591; South MacArthur Blvd., Oklahoma City, Instrument Approach Procedures 2. The FAA Regional Office of the OK 73169 (Mail Address: P.O. Box (SIAPs) for operations at certain region in which the affected airport is 25082 Oklahoma City, OK 73125) airports. These regulatory actions are located; or telephone: (405) 954–4164. needed because of the adoption of new 3. The Flight Inspection Area Office SUPPLEMENTARY INFORMATION: This or revised criteria, or because of changes which originated the SIAP. amendment to part 97 of the Federal occurring in the National Airspace Aviation Regulations (14 CFR part 97) System, such as the commissioning of For Purchase establishes, amends, suspends, or new navigational facilities, addition of Individual SIAP copies may be revokes Standard Instrument Approach new obstacles, or changes in air traffic obtained from: Procedures (SIAPs). The complete requirements. These changes are 1. FAA Public Inquiry Center (APA– regulatory description of each SIAP is designed to provide safe and efficient 200), FAA Headquarters Building, 800 contained in official FAA form

VerDate 272000 16:00 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm02 PsN: 09FER1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations 6325 documents which are incorporated by body of technical regulations for which Greenville, NC, Pitt-Greenville, ILS RWY 20, reference in this amendment under 5 frequent and routine amendments are Amdt 3 U.S.C. 552(a), 1 CFR part 51, and § 97.20 necessary to keep them operationally Sherman/Denison, TX, Grayson County, ILS of the Federal Aviation Regulations current. It, therefore—(1) Is not a RWY 17L, Orig (FAR). The applicable FAA Forms are Charlottesville, VA, Charlottesville- ‘‘significant regulatory action’’ under Albemarle, RNAV, RWY 3, Orig identified as FAA Forms 8260–3, 8260– Executive Order 12866; (2) is not a Morgantown, WV, Morgantown Muni-Walter 4, and 8260–5. Materials incorporated ‘‘significant rule’’ under DOT L Bill Hart Field, RNAV RWY 18, Orig by reference are available for Regulatory Policies and Procedures (44 Morgantown, WV, Morgantown Muni-Walter examination or purchase as stated FR 11034; February 26, 1979); and (3) L Bill Hart Field, GPS RWY 18, Orig, above. does not warrant preparation of a CANCELLED The large number of SIAPs, their regulatory evaluation as the anticipated * * * Effective March 23, 2000 complex nature, and the need for a impact is so minimal. For the same Cocoa, FL, Merritt Island, NDB RWY 11, special format make their verbatim reason, the FAA certifies that this publication in the Federal Register Amdt 1 amendment will not have a significant Jasper, TX, Jasper County-Bell Field, NDB expensive and impractical. Further, economic impact on a substantial RWY 18, Amdt 9 airmen do not use the regulatory text of number of small entities under the Jasper, TX, Jasper County-Bell Field, GPS the SIAPs, but refer to their graphic criteria of the Regulatory Flexibility Act. RWY 18, Amdt 1 depiction on charts printed by Jasper, TX, Jasper County-Bell Field, GPS publishers of aeronautical materials. List of Subjects in 14 CFR Part 97 RWY 36, Orig Thus, the advantages of incorporation Air Traffic Control, Airports, * * * Effective April 20, 2000 by reference are realized and Navigation (Air). Yap Island, FM, Yap International, GPS RWY publication of the complete description Issued in Washington, DC on February 4, of each SIAP contained in FAA form 7, Amdt 1 2000. Yap Island, FM, Yap International, GPS RWY documents is unnecessary. The L. Nicholas Lacy, 25, Amdt 1 provisions of this amendment state the Director, Flight Standards Service. Lakeland, FL, Lakeland Linder Regional, affected CFR (and FAR) sections, with VOR OR GPS RWY 9, Amdt 3 the types and effective dates of the Adoption of the Amendment Lakeland, FL, Lakeland Linder Regional, SIAPs. This amendment also identifies VOR OR GPS RWY 27, Amdt 6 the airport, its location, the procedure Accordingly, pursuant to the Lakeland, FL, Lakeland Linder Regional, identification and the amendment authority delegated to me, part 97 of the NDB OR GPS RWY 5, Amdt 3 number. Federal Aviation Regulations (14 CFR Lakeland, FL, Lakeland Linder Regional, ILS part 97) is amended by establishing, RWY 5, Amdt 6 The Rule amending, suspending, or revoking Westfield, MA, Barnes Muni, VOR OR This amendment to part 97 is effective Standard Instrument Approach TACAN RWY 2, Amdt 4 Westfield, MA, Barnes Muni, VOR RWY 20, upon publication of each separate SIAP Procedures, effective at 0901 UTC on the dates specified, as follows: Amdt 20 as contained in the transmittal. Some Westfield, MA, Barnes, NDB RWY 20, Amdt SIAP amendments may have been 15 previously issued by the FAA in a PART 97ÐSTANDARD INSTRUMENT APPROACH PROCEDURES Westfield, MA, Barnes, ILS RWY 20, Amdt 5 National Flight Data Center (NFDC) Majuro Atoll, MH, Marshall Islands Intl, GPS Notice to Airmen (NOTAM) as an 1. The authority citation for part 97 is RWY 7, Amdt 1 emergency action of immediate flight revised to read as follows: Majuro Atoll, MH, Marshall Islands Intl, GPS safety relating directly to published RWY 25, Amdt 1 Authority: 49 U.S.C. 106(g), 40103, 40113, aeronautical charts. The circumstances Minneapolis, MN, Flying Cloud, VOR OR 40120, 44701; and 14 CFR 11.49(b)(2). GPS RWY 36, Amdt 12 which created the need for SIAP 2. Part 97 is amended to read as Babelthuap Island, PW, Babelthuap/Koror, amendments may require making them follows: GPS RWY 9, Amdt 1 effective in less than 30 days. For the Babelthuap Island, PW, Babelthuap/Koror, remaining SIAPs, an effective date at §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, GPS RWY 27, Amdt 1 least 30 days after publication is 97.35 [Amended] Blacksburg, VA, Virginia Tech, NDB OR provided. By amending: § 97.23 VOR, VOR/ GPS–A, Amdt 3 Further, the SIAPs contained in this DME, VOR or TACAN, AND VOR/DME [FR Doc. 00–2955 Filed 2–8–00; 8:45 am] amendment are based on the criteria or TACAN; § 97.25 LOC, LOC/DME, BILLING CODE 4910±13±M contained in the U.S. Standard for LDA, LDA/DME, SDF, SDF/DME; Terminal Instrument Procedures § 97.27 NDB, NDB/DME; § 97.29 ILS, (TERPS). In developing these SIAPs, the ILS/DME, ISMLS, MLS, MLS/DME, DEPARTMENT OF TRANSPORTATION TERPS criteria were applied to the MLS/RNAV; § 97.31 RADAR SIAPs; conditions existing or anticipated at the § 97.33 RNAV SIAPs; and § 97.35 Coast Guard affected airports. Because of the close COPTER, SIAPs, identified as follows: and immediate relationship between 33 CFR Part 117 these SIAPs and safety in air commerce, * * * Effective February 24, 2000 I find that notice and public procedure Atlanta, GA, The William B. Hartsfield [CGD01±00±001] Atlanta Intl, ILS RWY 8L, Amdt 2 before adopting these SIAPs are Drawbridge Operation Regulations: impracticable and contrary to the public Boston, MA, General Edward Lawrence Logan Intl, RNAV RWY 4R, Orig Chelsea River, Massachusetts interest and, where applicable, that Boston, MA, General Edward Lawrence good cause exists for making some Logan Intl, GPS RWY 4R, Orig, AGENCY: Coast Guard, DOT. SIAPs effective in less than 30 days. CANCELLED ACTION: Notice of temporary deviation; Conclusion Atlantic City, NJ, Atlantic City Intl, RNAV withdrawal. RWY 13, Orig The FAA has determined that this Greenville, NC, Pitt-Greenville, NDB RWY SUMMARY: The Commander, First Coast regulation only involves an established 20, Amdt 15 Guard District has withdrawn the

VerDate 272000 17:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM pfrm01 PsN: 09FER1 6326 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Rules and Regulations temporary deviation from the DEPARTMENT OF TRANSPORTATION Budget has not reviewed it under that drawbridge operation regulations for the Order. It is not ‘‘significant’’ under the P.J. McArdle Bridge, mile 0.3, across the Coast Guard regulatory policies and procedures of Chelsea River between Chelsea and East the Department of Transportation (DOT) Boston, Massachusetts. This withdrawal 33 CFR Part 117 (44 FR 11040; February 26, 1979). This was necessary because the bridge has [CGD01±00±003] conclusion is based on the fact that the bridge the regulations governed no been repaired and is operating under its RIN 2115±AE47 normal operating regulations. The longer exists. normal operating regulations require the Drawbridge Operation Regulations: Small Entities bridge to open on signal at all times for Reserved Channel, Massachusetts vessel traffic. Under the Regulatory Flexibility Act AGENCY: Coast Guard, DOT. (5 U.S.C. 601–612) we considered DATES: This deviation withdrawal is ACTION: Final rule. whether this rule would have a effective January 18, 2000. significant economic impact on a SUMMARY: The Coast Guard is removing substantial number of small entities. FOR FURTHER INFORMATION CONTACT: John the drawbridge operation regulations The term ‘‘small entities’’ comprises McDonald, Project Officer, First Coast governing the Summer (L) Street Bridge, small businesses, not-for-profit Guard District, at (617) 223–8364. mile 0.2, across the Reserved Channel in organizations that are independently Boston, MA. The bridge has been rebuilt SUPPLEMENTARY INFORMATION: The bridge owned and operated and are not as a fixed bridge and the operating owner, the City of Boston, requested a dominant in their fields, and regulations are no longer necessary. temporary deviation from the operating governmental jurisdictions with Notice and public procedure have been regulations to facilitate vehicular and populations less than 50,000. omitted from this action because the pedestrian traffic during electrical For reasons discussed in the repairs at the P. J. McArdle Bridge, mile bridge the regulations formerly governed no longer exists. Regulatory Evaluation section above, the 0.3, across the Chelsea River between Coast Guard certifies under 5 U.S.C. East Boston and Chelsea, Massachusetts. DATES: This rule is effective February 9, 2000. 605(b) that this rule will not have a The submarine electrical cable for the significant economic impact on a bridge was damaged during harbor ADDRESSES: This docket (CGD01–00– substantial number of small entities. dredging operations requiring 003), is available for inspection or Collection of Information emergency repairs to be implemented in copying at the First Coast Guard order to restore bridge operation and District, Bridge Branch Office, 408 This rule calls for no new collection facilitate marine traffic. Atlantic Avenue, Boston, of information under the Paperwork Massachusetts, 02110, 6:30 a.m. to 3 The Coast Guard issued a temporary Reduction Act of 1995 (44 U.S.C. 3501– p.m., Monday through Friday, except 3520). deviation from the operating regulations Federal holidays. published in the Federal Register (65 FOR FURTHER INFORMATION CONTACT: Mr. Federalism FR 2541; January 18, 2000) effective John W. McDonald, Project Officer, First We have analyzed this rule under January 6, 2000 through March 5, 2000. Coast Guard District, (617) 223–8364. The purpose of the deviation was to Executive Order 13132 and have SUPPLEMENTARY INFORMATION: help facilitate vehicular traffic during determined that this rule does not have the weekday rush hours. Background and Purpose implications for federalism under that Order. A temporary auxiliary operating The Summer (L) Street Bridge has system has been installed to open the been removed and replaced with a fixed Unfunded Mandates Reform Act bridge that does not open for navigation. bridge and the bridge is now operating The Unfunded Mandates Reform Act The operating regulations are now under its normal operating regulations. of 1995 (2 U.S.C. 1531–1538) governs unnecessary and will be removed by The temporary deviation from the the issuance of Federal regulations that this final rule. operating regulations is no longer require unfunded mandates. An The Coast Guard has determined that necessary as a result of the bridge being unfunded mandate is a regulation that good cause exists under the requires a State, local, or tribal returned to a fully operable status. The Administrative Procedure Act (5 U.S.C. government or the private sector to bridge owner was advised on January 553) to forego notice and comment for incur direct costs without the Federal 18, 2000, that the deviation has been this rulemaking because notice and Government’s having first provided the withdrawn. comment are unnecessary. Notice and funds to pay those unfunded mandate Notice is given that the P.J. McArdle comment are unnecessary because the costs. This rule will not impose an Bridge, mile 0.3, across the Chelsea bridge the regulations governed no unfunded mandate. River shall open on signal at all times longer exists. for vessel traffic. The Coast Guard, for the reasons Taking of Private Property stated above, has determined that good Dated: January 25, 2000. cause exists for this rule to be effective This rule will not effect a taking of R.M. Larrabee, upon publication in the Federal private property or otherwise have Rear Admiral, U.S. Coast Guard Commander, Register. taking implications under E.O. 12630, First Coast Guard District. Governmental Actions and Interference [FR Doc. 00–2897 Filed 2–8–00; 8:45 am] Regulatory Evaluation with Constitutionally Protected Property BILLING CODE 4910±15±P This rule is not a ‘‘significant Rights. regulatory action’’ under section 3(f) of Civil Justice Reform Executive Order 12866 and does not require an assessment of potential costs This rule meets applicable standards and benefits under section 6(a)(3) of that in sections 3(a) and 3(b)(2) of E.O. Order. The Office of Management and 12988, Civil Justice Reform, to minimize

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The Petition environmental risk to health or risk to 20.2’’ in Chapter 20, ‘‘567–22.1, 567–22.203, 2. Comparison of Thermal Tests in FMVSS safety that may disproportionately affect and 567–22.300’’ in Chapter 22, ‘‘567–23.1’’ No. 135 and ECE R13–H children. in Chapter 23, ‘‘567–25.1’’ in Chapter 25, and 3. Amendments Recommended by Toyota ‘‘567–28.1’’ in Chapter 28, effective July 12, 4. Conclusions Environment 1999. For the convenience of the user, the III. Additional Amendments—RBS superseded text is set forth as follows: The Coast Guard considered the Malfunction Indicator Lamp environmental impact of this rule and * * * * * I. Background concluded that under figure 2–1, [FR Doc. 00–55502 Filed 2–8–00; 8:45 am] On September 5, 1997, we amended paragraph (32)(e) of Commandant BILLING CODE 1505±01±D Federal Motor Vehicle Safety Standards Instruction M16475.1C, this rule is (FMVSS) Nos. 105, Hydraulic Brake categorically excluded from further Systems, and 135, Passenger Car Brake environmental documentation because DEPARTMENT OF TRANSPORTATION Systems to accommodate EV brake promulgation of changes to drawbridge systems. See 62 FR 46907 for full National Highway Traffic Safety regulations have been found to not have background information on this rule. a significant effect on the environment. Administration Electrically-powered vehicles have A ‘‘Categorical Exclusion unique performance characteristics that Determination’’ is available in the 49 CFR Part 571 do not permit them to be tested for docket for inspection or copying where Docket No. NHTSA 2000±6740 braking performance in the same way indicated under ADDRESSES. that other light-duty vehicles are tested. RIN 2127±AH64 List of Subjects in 33 CFR Part 117 For example, because of the limited range of EVs and the extensive travel Bridges. Federal Motor Vehicle Safety Standards; Hydraulic and Electric distance specified in several Federal Regulations Brake Systems; Passenger Car Brake brake test series, we established Systems procedures for re-charging or replacing For the reasons set out in the the propulsion batteries during testing. preamble, the Coast Guard amends 33 AGENCY: National Highway Traffic Most EVs have a feature called a CFR part 117 as follows: Safety Administration (NHTSA), DOT. ‘‘regenerative braking system’’ (RBS) PART 117ÐDRAWBRIDGE ACTION: Response to petitions for designed to extend the range of the OPERATION REGULATIONS reconsideration; final rule. vehicle by as much as 10 to 20 percent through conversion of vehicle kinetic 1. The authority citation for part 117 SUMMARY: This document responds to energy into electrical energy when the continues to read as follows: two petitions for reconsideration of vehicle is being decelerated. When amendments we made in September Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 operating, the RBS provides a vehicle 1997 to Federal Motor Vehicle Safety deceleration, or braking force. The CFR 1.05–1(g); section 117.255 also issued Standards Nos. 105 and 135 specifying under the authority of Pub. L. 102–587, 106 September 1997 amendments also Stat. 5039. requirements for brake systems on established procedures for testing EV electric vehicles (EV). In response to the braking systems and EVs equipped with § 117.617 [REMOVED] petition by Hydro-Quebec of Canada, we RBS. 2. Section 117.617 is removed. are allowing the use, under certain We received two petitions for conditions, of a regenerative braking Dated: January 25, 2000. reconsideration of the final rule, from system (RBS) for EV testing in Hydro-Quebec of Canada (HQ), and R.M. Larrabee, accordance with S7.7 of Standard No. from Toyota Motor Sales Corporation Rear Admiral, U.S. Coast Guard, Commander, 135. This action is taken to facilitate USA Inc. (Toyota). First Coast Guard District. new technology in the braking system of [FR Doc. 00–2896 Filed 2–8–00; 8:45 am] an EV. We are not amending Standard II. Petitions for Reconsideration BILLING CODE 4910±15±P Nos. 105 and 135 in response to the A. HQ’s Petition for Reconsideration petition for reconsideration by Toyota Motor Sales USA Inc. Amending the 1. The petition. HQ commented that ENVIRONMENTAL PROTECTION Standards as requested by Toyota may S7.7.3(h) of FMVSS No. 135, which AGENCY degrade the safety of EVs by reducing specifies that an EV with an RBS be the stringency of the thermal tests. tested with the RBS inoperative during the S7.7 Stops with Engine Off tests, is 40 CFR Part 52 DATES: The final rule is effective March inconsistent with other parts of FMVSS Approval and Promulgation of 27, 2000. No. 135. Specifically, the stopping Implementation Plans FOR FURTHER INFORMATION CONTACT: distance performance requirements of Samuel Daniel, Vehicle Dynamics S7.5, Cold Effectiveness and S7.7, Stops CFR Correction Division, Office of Vehicle Safety with Engine Off, are identical; each test In Title 40 of the Code of Federal Standards, NHTSA (phone: 202–366– requires that the vehicle be stopped Regulations, part 52 (§§ 52.01 to 4921). from 100 km/h (62 mph) within a 52.1018), revised as of July 1, 1999, page SUPPLEMENTARY INFORMATION: distance of 70 m (230 ft.). However, the

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RBS must be inoperative for S7.7 testing According to HQ, switching off the propulsion motor(s) has been switched but operative for S7.5 testing. According power supply to the electric motors of off (EV equivalent to engine stalling in to HQ, its EV brake system cannot meet its EV does not disable the RBS. an ICE vehicle). If switching off the the requirements of S7.7 without use of HQ had previously commented on electric power supply to the propulsion the RBS. this issue in responding to the Notice of motor(s) disables the RBS, then HQ recommends amendments to Proposed Rulemaking (NPRM), 60 FR S7.7.3(h) must be conducted without S7.7.3(h) that it believes are consistent 49544. HQ requested in its comments on use of the RBS. with the intent of S7.7, and allow RBS the NPRM that a definition or We have decided to remove the term use during the test. Amending FMVSS interpretation be provided for the term ‘‘electromotive force’’ from S7.7.3(h) No. 135 as petitioned for by HQ would ‘‘no electromotive force’’ in S7.7.3(h). since the term may cause confusion, and allow that company to meet the brake HQ also indicated in its comments that to replace it with the term ‘‘electrical performance requirements in FMVSS the HQ EV design had no failure mode power.’’ Accordingly, we are amending No. 135 without altering its present EV that would be directly analogous to an S7.7.3(h) of FMVSS No. 135 to read: For brake system design. We anticipate that engine stalling in an internal an EV, this test is conducted with no most EV manufacturers will certify their combustion engine (ICE) vehicle. electrical power supplied to the vehicles to FMVSS No. 135 rather than Engine stalling of a vehicle with an vehicle’s propulsion motor(s), but with to FMVSS No. 105, because the latter internal combustion engine (ICE) results the RBS and brake power or power will not apply to passenger cars built on in loss of power to vacuum or assist still operating, unless cutting off and after September 1, 2000. What’s hydraulically operated brake power the supply of electrical power to the more, FMVSS No. 105 will not apply to units, brake power assist units, and propulsion motor(s) also disables those any vehicles with a GVWR less than components of some antilock brake systems. 3,500 kg. (7,716 lb.) produced on and systems (ABS). The purpose of the S7.7 We believe that this approach to a after September 1, 2002. HQ’s petition test in FMVSS No. 135 is to ensure that resolution of the RBS use issues raised refers specifically to FMVSS No. 135. these components have sufficient by HQ will allow adequate flexibility in We shall also, below, examine its reserve capacity to bring the vehicle to EV braking system technology. relevance to compliance with brake a complete stop, with acceptable According to HQ, the technology is performance requirements of FMVSS effectiveness, in the event of engine available to produce in-wheel motor No. 105. stalling. We want to offer similar regenerative braking with deceleration 2. Design of HQ’s EV brake system. assurances for the braking performance rates only slightly lower than the According to its petition, HQ is of EVs. average deceleration rate required by developing a four-wheel drive power- In Section 7.C of the preamble for the FMVSS No. 135 (0.56 g) for a fully train technology which features four in- September 5, 1997 final rule, we agreed operational, cold brake system. wheel electric motors. The technology is with the comments on the NPRM from HQ also commented that there is an aimed at producing sport utility other EV manufacturers stating that the inconsistency in the final rule between vehicles and passenger cars with RBS is designed to convert some of the S7.7, Stops with Engine Off, S7.10, improved energy consumption, safety, kinetic energy dissipated during braking Hydraulic circuit failure, and S7.11, and emissions. The RBS and the into electrical energy to charge the Brake power unit or brake power assist hydraulic brake system have propulsion batteries, thus extending the unit inoperative (System depleted). HQ approximately the same braking force vehicle’s travel range. At that time, the correctly noted that the maximum capability. According to HQ, the braking information available to us indicated stopping distance specified in S7.10 and force developed by the RBS is not that the RBS system would not be a S7.11, which is 168 m, is more than dependent on the state of charge of the major contributor to the braking twice the stopping distance specified in propulsion system batteries, unlike most capacity of EVs. We decided, in the S7.7, whereas under the final rule, all production RBS. In the HQ system, September 1997 final rule, to require the EV tests, S7.7, S7.10, and S7.11 were when the electrical energy produced by EVs to meet the stopping performance to be conducted without use of the RBS. the RBS is greater than the recharging requirements of S7.7 without RBS. The procedure in S7.7 is a test of the rate of the batteries, the excess electrical According to HQ’s petition, the front- fully functional brake system rather energy is dissipated. As described in the wheel hydraulic brakes would need to than a partially failed brake system, as petition, the HQ EV RBS will function be re-designed with increased braking is the case with S7.10 and S7.11. The if the propulsion batteries are disabled capacity for its EV to meet the inconsistency between the requirements or if the motors are not supplied with requirements of S7.7 without use of the of these tests has been eliminated with electrical energy. According to HQ, the RBS. According to HQ, this would limit our decision to allow RBS use for testing hydraulic braking system has a lower HQ EV braking technology to small under S7.7.3(h) as long as switching off priority than the RBS in a series vehicles and would not be feasible for the supply of electrical power to the compound braking system and does not some intended applications such as propulsion motor(s) does not disable the have the braking capacity to meet the installation on compact sport utility RBS. The intent of the S7.7 test is to S7.7 requirements of FMVSS No. 135, vehicles. ensure that brake system will stop the independent of the RBS. To deny HQ’s petition would require vehicle with normal effectiveness when 3. Amendments recommended by HQ. it to conform with the apparent design the vehicle’s engine is not operating. For HQ cannot comply with S7.7.3(h) of practices of the rest of the industry and ICE vehicles, the test is conducted by FMVSS No. 135, which specifies that to redesign its brake system to meet the switching off the engine ignition prior to EVs must be tested for compliance with final rule. However, we do not believe brake application. We are amending the S7.7, Stops with Engine Off, without it is in the public interest to restrict standard to require the analogous test RBS. HQ offered two versions of alternative technology this early in the procedure for EVs. amendments for S7.7 that would allow development of RBS. We have also decided to retain the RBS to be operative during this test. HQ To resolve this issue, we have decided requirement that an EV manufacturer believes that allowing the use of RBS to allow use of RBS during the S7.7.3(h) must certify that the vehicle meets S7.10 during the test specified in S7.7.3(h) test, if the RBS remains functional after of FMVSS No. 135, test procedures would not violate the intent of the test. the supply of electric power to the conducted to evaluate brake system

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These stops are test procedures apply to vehicles with a requirements (Heating snubs, Hot conducted at a constant deceleration partially disabled brake system, a longer performance, Cooling stops, and rate and are designed to simulate stopping distance is specified. Recovery performance) for ICE vehicles, normal braking. In addition to the amendments noted but not for Evs. ECE R13–H allows use The final phase of the thermal test above, we have decided that the of the RBS, whether or not the RBS is procedure is called Recovery specification in S7.11(n) that EVs be part of the service brake system, for the performance in both ECE R13–H and tested without RBS should be removed entire thermal test. FMVSS No. 135 FMVSS No. 135 (S7.16). This phase of because the RBS test requirements for allows an RBS that is not part of the the thermal tests is designed to test the EVs in S7.10 and S7.11 are identical. service brake system to be used only in performance of the brakes after heating 4. Conclusions. We believe that HQ the burnish procedures, and not during followed by normal brake use. The has identified some key issues with any other phases of brake system performance requirements for this phase regard to the test conditions and performance testing, including the of the thermal test are based on the cold requirements for EVs in the final rule thermal tests. effectiveness test results for the vehicle. b. Comparison of four phases in the amending FMVSS No. 135. The HQ Two recovery tests are required thermal tests. The first phase of the petition has made us more aware that beginning immediately after completion thermal test in ECE R13–H and S7.13 of the EV braking amendments adopted in of the fourth cooling stop (in FMVSS FMVSS No. 135, Heating procedure and 1997 need further revisions to No. 135, S7.16.3(f) and (i)). In this Heating Snubs, respectively, have accommodate alternative EV braking phase, neither ECE R13–H nor FMVSS identical test procedures and conditions systems. According to HQ, its EV No. 135 include specific procedures for for ICE vehicles. ECE R13–H (Annex 3 braking system prioritizes RBS over the testing EVs. Paragraph 1.5.1, Heating procedure) 3. Amendments recommended by hydraulic brake system. The two provides a specific procedure for testing Toyota. Toyota stated that systems are essentially connected in a EVs, which is designed to accommodate harmonization between ECE R13–H and series arrangement in which the vehicles with insufficient power and FMVSS No. 135 had not been achieved hydraulic braking system is activated energy to complete the brake heating with the September 1997 amendments when braking force requirements procedure (in FMVSS No. 135, S7.13, to FMVSS No. 135 and also indicated approach the maximum capacity of the Heating Snubs) on a single charge. The that the fade test (thermal test) should RBS. The HQ EV braking system design ECE procedure requires that the EV be be further harmonized. Specifically, is based on in-wheel motor technology, accelerated to the test speed (120 km/h ECE R13–H allows use of RBS by EVs, which may be used in the future by or 80 percent of maximum vehicle whether or not the RBS is part of the other EV manufacturers. velocity) for the first of 15 decelerations service brake system, during all phases We believe that these amendments (snubs) that reduce the vehicle speed to of the thermal test. Toyota’s petition will maintain the safety benefits of one-half the initial speed. For each requests that we allow RBS use during FMVSS No. 135 while improving the subsequent deceleration in the the thermal tests for vehicles in which ability of the standards to accommodate procedure, the speed for initiation of RBS is not part of the service brake unique EV brake system design features. braking is the speed reached after 45 system. Vehicles in which RBS is functional seconds of maximum acceleration, The ECE R13–H Heating procedure for when the propulsion motor(s) are not which may be lower than the speed EVs allows a reduction of the test speed being supplied with electrical power specified for the first test. By contrast, during the acceleration and braking will be able to use the RBS for testing FMVSS No. 135 does not provide cycles if a vehicle cannot maintain the designed to simulate loss of power to specific EV procedures or conditions for specified test speed for the entire the propulsion motor(s). the thermal tests. procedure. The regulation does not No further amendments to FMVSS In the second phase of the thermal specify, however, a minimum test speed No. 105 appear necessary. The standard test series, ECE R–13H allows for the below which the EV Heating procedure does not contain a test for the fully initial speed for the Hot performance tests should not be conducted. Test functional brake system with the engine tests to be the vehicle speed for the last speeds below 40 km/h (25 mph) are off in contrast to S7.7 of FMVSS No. test run of the Heating Procedure. The typically too low to allow proper 135. As a result, FMVSS No. 105 does Hot performance test consists of two evaluation of a vehicle’s brake system. not include a test for the fully functional braking tests with a 100 km/h test speed Further, ECE R13–H does not provide brake system of an EV without use of immediately following the Heating procedures or requirements for charging the RBS. Procedure. The Hot Performance test or replacing the propulsion batteries for conditions and performance an EV that is unable to accelerate to test B. Toyota’s Petition for Reconsideration requirements in ECE R13–H and No. 135 speed during the test procedure. Also, 1. The petition. Toyota stated it is (S7.14) are nearly identical for ICE ECE R13–H does not provide EV test ‘‘disappointed’’ that the September 1997 vehicles and EVs. Each vehicle must procedures for the Recovery procedure final rule amendments did not achieve meet a performance criterion that is portion of the thermal tests. These tests more harmonization with the European based on a comparison of Hot are to be conducted immediately after light duty vehicle braking regulation, performance (No. 135, S7.14) test results the Hot performance stops. Therefore, ECE R13–H. Its petition did not make with the vehicle’s Cold effectiveness test an EV that completed the Hot specific recommendations for results (No. 135, S7.5). performance tests at a reduced speed amendments to FMVSS No. 135, but The third phase of the thermal test is due to depleted batteries may not be asked us to harmonize the thermal test referred to as the Recovery procedure in able to accelerate to the Recovery procedures with those of ECE R13–H. ECE R13–H (Annex 3; 1.5.3) and Brake procedure test speed of 50 km/h.

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For those reasons, the thermal test resulting from RBS use is a safety thermal test conditions and procedures procedures for EVs in ECE R13–H are benefit for EVs in which RBS is part of should not be included in FMVSS Nos. not sufficiently clear or objective to be the service brake system, but would not 135 and 105. We have also concluded adopted in FMVSS No. 135. necessarily be realized with RBS that the use of an RBS that is not part Toyota indicated that EVs in which controlled by the driver. Toyota did not of the service brake system during the RBS is not part of the service brake provide test data or other information thermal test would have a negative system may not be able to complete the with which to evaluate the effect of RBS impact on the safety benefits of these thermal tests on a single battery charge. use on the safety benefits of the thermal tests, since the stringency of the tests Toyota further implied that ECE R13H’s tests. For these reasons, we do not would not be representative of allowance of RBS use may increase the believe FMVSS No. 135 should be encountered driving conditions. range of all EVs, including EVs in which amended to allow use of RBS that is not RBS is not part of the service brake part of the service brake system during For these reasons, we are denying system, and enhance their ability any phase of the thermal tests. Toyota’s petition for reconsideration. complete the thermal tests. We did not specify unique conditions, We will continue to allow RBS use, for We do not believe the power and procedures, or requirements in 1997 for vehicles in which an RBS is part of the energy requirements of the heating conducting the thermal test on EVs. service brake system, in all testing cycle, or the entire thermal test, are However, we did provide procedures to except when the use of RBS is explicitly beyond the capability of the propulsion be used if a vehicle could not complete prohibited. systems of marketable EVs. We estimate a given test on a single propulsion III. Additional Amendments—RBS that the entire thermal tests (S7.13 system charge (FMVSS No. 135, Malfunction Indicator Lamp Heating Snubs, S7.14 Hot performance, S6.11.3.) Since FMVSS No. 135 has S7.15 Brake cooling stops, and S7.16 provisions for testing EVs with depleted The September 1997 final rule Recovery performance) specified in propulsion battery(s), we do not believe required that a RBS malfunction FMVSS No. 135 and ECE R13–H can be it is necessary to allow RBS use if RBS indicator lamp be mounted in front of completed with a total vehicle travel is not part of the service brake system, and in clear view of the driver, FMVSS distance of 30 kilometers (19 miles) or during any portion of the thermal test. No. 105, S5.3 Brake system indicator less. However, the heating procedure/ 4. Conclusions. We believe the ECE lamp. S5.3 is organized with a snubs phase of the thermal test series is R13–H Heating procedure and the description of the activation protocol in essentially a series of 15 maximum Recovery procedure tests for EVs are not S5.3.1 and a description of the lamp accelerations with short intervals sufficiently demanding or objective word, symbol, and color of the lamp in between to allow for braking. The when compared with the corresponding heating procedure/snubs phase is a FMVSS No. 135 portions of the thermal S5.3.5. Inadvertently, we placed the severe test of the power capacity of the test. Some of the test speeds reached activation protocol, the word or symbol batteries although the energy during the R13–H Heating procedure to be used for RBS, and the color of the requirements are modest. However, if a may be too low for meaningful brake symbol in S5.3.1. For consistency and to vehicle cannot complete the test performance evaluation. The entire eliminate confusion, we are taking this protocol on a single charge, the system thermal test is required to be conducted opportunity to place the various aspects can be recharged pursuant to S6.11.3. without interruption and ECE R13–H of the malfunction lamp description in An RBS that is not part of the service does not provide procedures for the proper section of FMVSS No. 105. brake system may be deactivated by the conducting the Hot performance or the We are making a similar amendment to vehicle driver at any given time, thus Recovery procedure tests if the vehicle FMVSS No. 135 for the same reason. eliminating the braking force provided is not capable of accelerating to test Also, for the reason stated previously, by the RBS. NHTSA usually specifies speed. We do not want to facilitate the the references to the color ‘‘amber’’ in tests in our brake performance standards introduction of EVs in the United States the description of the RBS malfunction that represent the most stringent that are not tested in accordance with a indicator lamp are removed and the conditions that would be faced by sufficiently demanding and objective color ‘‘yellow’’ is substituted. This drivers on the road. Following this thermal test for brakes. change will make the color of the RBS practice, the final rule of September 7, S6.3.11 State of charge of batteries of malfunction warning indicator 1997 did not allow use of RBS that is FMVSS No. 135 allows EVs to achieve consistent with other malfunction not part of the service brake system the brake test speeds required in the indicator lamps. (driver-controlled), during brake thermal test series (S7.13–S7.16) under performance testing in FMVSS Nos. 135 any battery state-of-charge condition. No Effective Dates and 105. It is also possible that the such provisions are included in ECE Because FMVSS No. 105 and FMVSS stringency of the Hot performance test R13–H. Allowing RBS to be operative No. 135 are in effect, because EVs are and the Recovery performance test during the Heating procedure may not being manufactured to comply with would be reduced if these EVs with be sufficient for some vehicles to these standards, because the driver-controlled RBS were allowed to complete the thermal test series on a amendments serve to clarify existing use RBS. The service brakes would single charge. As we have previously requirements, and because the reach a lower temperature during the stated, FMVSS No. 135 includes amendments do not affect existing S7.13 Heating snubs with RBS procedures for EVs to assure that brake requirements for vehicles with operational than they would with the test speeds can be reached if a vehicle’s hydraulic brake systems, it is hereby RBS disabled. The magnitude of this batteries are depleted and need to be found, for good cause shown, that an temperature reduction has not been recharged or replaced to accelerate the quantified, but any service brake vehicle to test speeds under its own effective date earlier than 180 days after temperature reduction for the Hot power. issuance of the amendments is in the performance and Recovery performance After our review of the Toyota public interest. Accordingly, the tests would tend to reduce the petition for reconsideration, ECE R13– amendments are effective March 27, stringency of the tests. The H, and FMVSS No. 135, we have 2000. improvement in brake performance concluded that the ECE R13–H EV

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Regulatory Analysis Further, small organizations and environment and reduce fuel governmental jurisdictions are not be consumption because EVs emit no Executive Order 12866 (Regulatory significantly affected as the price of hydrocarbon emissions and do not Planning and Review) and DOT motor vehicles ought not to change as depend directly upon fossil fuels to Regulatory Policies and Procedures. the result of this final rule. propel them. This rulemaking has not been Executive Order 13132 (Federalism) Civil Justice Reform (Executive Order reviewed under Executive Order 12866. 12778) NHTSA has considered the economic Executive Order 13132 on implications of this regulation and ‘‘Federalism’’ requires us to develop an This rule will not have any retroactive determined that it is not significant accountable process to ensure effect. Under 49 U.S.C. 30103, whenever within the meaning of the DOT ‘‘meaningful and timely input by State a Federal motor vehicle safety standard Regulatory Policies and Procedure. The and local officials in the development of is in effect, a state may not adopt or rule does not affect a substantial ‘‘regulatory policies that have maintain a safety standard applicable to regulatory program or involve a change federalism implications.’’ The E.O. the same aspect of performance which in policy. defines this phrase to include is not identical to the Federal standard. regulations ‘‘that have substantial direct Section 30161 of Title 49 sets forth a Regulatory Flexibility Act effects on the States, on the relationship procedure for judicial review of final The agency has also considered the between the national government and rules establishing, amending or revoking effects of this rulemaking action in the States, or on the distribution of Federal motor vehicle safety standards. relation to the Regulatory Flexibility power and responsibilities among the That section does not require Act. I certify that this rulemaking action various levels of government.’’ This submission of a petition for will not have a significant economic final rule, which regulates the reconsideration or other administrative effect upon a substantial number of manufacture of certain motor vehicles, proceedings before parties may file suit small entities. Accordingly, no will not have substantial direct effect on in court. the States, on the relationship between Regulatory Flexibility Analysis has been List of Subjects in 49 CFR Part 571 prepared. the national government and the States, The following is NHTSA’s statement or on the distribution of power and Imports, Motor vehicle safety, Motor providing the factual basis for the responsibilities among the various vehicles. certification (5 U.S.C. Sec. 605(b)). The levels of government, as specified in In consideration of the foregoing, 49 amendment primarily affects E.O. 13132. CFR part 571 is amended as follows: manufacturers of motor vehicles. Unfunded Mandates Reform Act of 1995 Manufacturers of motor vehicles are PART 571ÐFEDERAL MOTOR The Unfunded Mandates Reform Act VEHICLE SAFETY STANDARDS generally not small businesses within of 1995 (Pub. L. 104–4) requires the meaning of the Regulatory agencies to prepare a written assessment 1. The authority citation for Part 571 Flexibility Act. of the cost, benefits, and other effects of continues to read as follows: The Small Business Administration’s proposed or final rules that include a Authority: 49 U.S.C. 322, 30111, 30115, regulations define a small business in Federal mandate likely to result in the 30117, 30166; delegation of authority at 49 part as a business entity ‘‘which expenditure by State, local, or tribal CFR 1.50. operates primarily within the United governments, in the aggregate, or by the § 571.105 [Amended] States.’’ (13 CFR 121.105(a)) SBA’s size private sector, of more than $100 standards are organized according to million annually. Because this final rule 2. Section 571.105 is amended by: Standard Industrial Classification Codes does not have a $100 million effect, no a. Revising S5.3.1(g); (SIC), SIC Code 3711 ‘‘Motor Vehicles Unfunded Mandates assessment has b. Adding S5.3.5(c)(1)(E); and Passenger Car Bodies’’ has a small been prepared. c. Revising S5.3.5(c)(2). business size standard of 1,000 The revised and added paragraphs employees or fewer. National Environmental Policy Act read as follows: For manufacturers of passenger cars NHTSA has analyzed this rulemaking and light trucks, NHTSA estimates there § 571.105 Standard No. 105; Hydraulic and action for purposes of the National electric brake systems. are at most five small manufacturers of Environmental Policy Act. The passenger cars in the U.S. Since each rulemaking action will not have a * * * * * manufacturer serves a niche market, significant effect upon the environment. S5.3 Brake system indicator lamp often specializing in replicas of There is no environmental impact *** ‘‘classic’’ cars, production for each associated with adaptation of test S5.3.1 * * * manufacturer is fewer than 100 cars per procedures to make them more (g) For an EV with RBS that is part of year. Thus, there are at most 500 appropriate for vehicles already the service brake system, failure of the passenger cars manufactured per year by required to comply with the Federal RBS. U.S. small businesses. motor vehicle safety standards. * * * * * In contrast, in 1999, there are However, to the extent that this S5.3.5 * * * approximately nine large manufacturers rulemaking might facilitate the (c)(1) * * * producing passenger cars, and light introduction of EVs which are powered (E) If a separate indicator is used for trucks in the U.S. Total U.S. by an electric motor drawing current the regenerative brake system, the manufacturing production per year is from rechargeable storage batteries, fuel symbol ‘‘RBS’’ may be used. RBS failure approximately 15 to 15 and a half cells, or other portable sources of may also be indicated by a lamp million passenger cars and light trucks electric current, and which may include displaying the symbol ‘‘ABS/RBS.’’ per year. NHTSA does not believe small a nonelectrical source of power * * * * * businesses manufacture even 0.1 designed to charge batteries and (c)(2) Except for a separate indicator percent of total U.S. passenger car and components thereof, the rulemaking lamp for an anti-lock system, a light truck production per year. would have a beneficial effect upon the regenerative system, or an indicator for

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Most regenerative system, or a lamp serpentine soils are formed in place over displaying both an anti-lock and a Endangered and Threatened Wildlife the parent rock and are, therefore, regenerative system shall be of and Plants; Determination of shallow, rocky, and highly erodible. contrasting colors, one of which is Endangered Status for the Plant Serpentine soils, because of the parent yellow. Thlaspi californicum (Kneeland Prairie material, tend to have high Penny-Cress) From Coastal Northern concentrations of magnesium, § 571.135 [Amended] California chromium, and nickel and low 3. Section 571.135 is amended by: concentrations of calcium, nitrogen, a. Revising S5.5.1(g); AGENCY: Fish and Wildlife Service, potassium, and phosphorus (Kruckeberg b. Revising S5.5.5(d)(6); Interior. 1984). Serpentine soils alter the pattern c. Adding S5.5.5(d)(7); ACTION: Final rule. of vegetation and plant species d. Amending S7.7.1 to add a second composition nearly everywhere they sentence; SUMMARY: We, the U.S. Fish and occur. While serpentine soils are e. Revising S7.7.3(h); and Wildlife Service (Service), determine inhospitable for the growth of most f. Removing S7.11.3(n). endangered status pursuant to the plants, some plants are wholly or largely The revisions, additions, and Endangered Species Act of 1973, as restricted to serpentine substrates amendments read as follows: amended (Act), for Thlaspi californicum (Kruckeberg 1984). (Kneeland Prairie penny-cress). Thlaspi Sereno Watson (1882) described § 571.135 Standard No. 135; Passenger car californicum is known only from brake systems. Thlaspi californicum based on a Kneeland Prairie in Humboldt County, collection made by Volney Rattan from * * * * * California, where it grows in coastal Kneeland Prairie at 760 meters (m) S5.5.1. Activation. * * * prairie on serpentine outcrops. We (2,500 feet (ft)) elevation in Humboldt (g) For an EV with a regenerative consider the occurrences of T. County, California. Payson (1926) braking system that is part of the service californicum reported from Mendocino maintained it as a full species in his brake system, failure of the RBS. County to be T. montanum, a widely monograph of the genus, whereas it was * * * * * distributed species. Habitat loss, referred to as T. alpestre var. S5.5.5. Labeling. * * * potential road realignment, and californicum in Jepson’s (1925) manual (d) * * * proposed airport expansion activities and T. glaucum ssp. californicum by (6) If a separate indicator is provided imperil the continued existence of T. Munz (1959). Holmgren (1971) assigned for the condition specified in S5.5.1(g), californicum. The restricted range of the name Thlaspi montanum var. the letters and background shall be of this species, limited to a single californicum and gave its range as contrasting colors, one of which is population, increases the risk of Kneeland Prairie (including a 1952 yellow. The indicator shall be labeled extinction from naturally occurring specimen from a serpentine rockpile with the symbol ‘‘RBS.’’ RBS failure in events such as fire. This action toward Ashfield Butte). She noted that a system that is part of the service brake implements the protection of the Act for the plant had last been collected in system may also be indicated by a this plant species. yellow lamp that also indicates ‘‘ABS’’ 1962. Rollins (1993a, 1993b) has DATES: This rule is effective on March failure and displays the symbol ‘‘ABS/ elevated it to a full species—Thlaspi 10, 2000. RBS.’’ californicum. (7) If a separate indicator is provided ADDRESSES: The complete file for this Thlaspi californicum is a perennial for any other function, the display shall rule is available for public inspection, herb in the mustard family include the word ‘‘Brake’’ and the by appointment, during normal business (Brassicaceae) that grows from 9.5 to appropriate additional labeling. hours at the U.S. Fish and Wildlife 12.5 centimeters (cm) (3 to 6 inches (in)) Service, Sacramento Fish and Wildlife * * * * * tall, with a basal cluster of leaves that Office, 2800 Cottage Way, Suite W2605, S7.7 * * * develops at the base of the plant prior S7.7.1 General information. * * * Sacramento, California 95825. to the flowering stage. The margins of This test is also for EVs. FOR FURTHER INFORMATION CONTACT: the basal leaves range from entire to * * * * * Kirsten Tarp or Jan Knight, Sacramento toothed. The white flowers have S7.7.3. * * * Fish and Wildlife Office (see ADDRESSES strongly ascending pedicels (flower (h) For an EV, this test is conducted section) (telephone number 916/414– stalks). The fruit is a sharply pointed with no electrical power supplied to the 6645; facsimile 916/414–6710). silicle (a short fruit typically no more vehicle’s propulsion motor(s), but with SUPPLEMENTARY INFORMATION: than 2 to 3 times longer than wide). Thlaspi californicum flowers from May the RBS and brake power or power Background assist still operating, unless cutting off to June. Characteristics that separate T. the supply of electrical power to the The single known population of californicum from T. montanum include propulsion motor(s) also disables those Thlaspi californicum (Kneeland Prairie the orientation of the pedicel, shape and systems. penny-cress) is found on serpentine notching of the fruit, and length/width soils at a coastal prairie in Humboldt ratio of the fruit. Thlaspi montanum has Issued on: January 19, 2000. County, California. Serpentine soils are pedicels perpendicular to the stem, not Frank Seales, Jr., derived from ultramafic rocks (rocks strongly ascending, and the silicles are Acting Administrator. with unusually large amounts of either truncate or shallowly notched, [FR Doc. 00–2923 Filed 2–8–00; 8:45 am] magnesium and iron) such as but not as acute at the apex as they are BILLING CODE 4910±59±P serpentinite, dunite, and peridotite, in T. californicum (Meyers 1991).

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Rollins (1993a, 1993b) and Holmgren that it is T. montanum (Meyers 1991, the NOR (48 FR 53640) as well as the (1971) considered Thlaspi californicum Imper 1997). subsequent revision on September 27, to occur only at Kneeland Prairie. Smith The only known population of 1985 (50 FR 39526), included T. and Wheeler (1991), in their ‘‘Flora of Thlaspi californicum is scattered within californicum as a category 2 candidate. Mendocino County,’’ reported two an area of 0.25 hectare (ha) (0.6 acre We revised the plant NOR again on additional occurrences of T. (ac)), with a total of about 11,000 February 21, 1990 (55 FR 6184), and californicum located on Mendocino individuals at Kneeland Prairie in September 30, 1993 (58 FR 51144). In National Forest in Mendocino County. Humboldt County (Dave Imper, both notices, we included Thlaspi These sites have been examined by Environmental Specialist, SHN californicum as a category 1 candidate. David Isle, Mendocino National Forest Consulting Engineers and Geologists, Category 1 candidates were those taxa botanist; Dave Imper, Environmental pers. comm., 1997). The Kneeland for which we had on file sufficient Specialist with SHN Consulting Prairie population is bisected into two information on biological vulnerability Engineers and Geologists; and Service colonies by the Kneeland Prairie and threats to support preparation of staff. In addition, all of the herbarium Airport. Both colonies occur on private listing proposals, but issuance of the specimens for T. californicum and T. land immediately adjacent to the proposed rule was precluded by other montanum at Humboldt State Kneeland Prairie Airport. At Kneeland pending listing proposals of higher University, including those collected in Prairie, the habitat for T. californicum priority. In our February 28, 1996, Mendocino County, have been has been reduced by approximately 60 Federal Register Notice of Review of examined by Imper and Service staff. to 70 percent within the past 33 years Plant and Animal Taxa that are The only collections considered by through development of the site for the Candidates for Listing as Endangered or Imper and the Service to be T. Kneeland Prairie Airport, a county road Threatened Species (61 FR 7596), we californicum are from Kneeland Prairie realignment, and a helitack base discontinued designation of multiple in Humboldt County (Imper 1997; Larry (CNDDB 1997, Meyer 1991, Imper categories of candidates, and only those Host and Kirsten Tarp, U.S. Fish and 1997). This population is currently taxa meeting the definition of former Wildlife Service (USFWS), pers. threatened by the proposed expansion category 1 are now considered comms., 1997). Plants from Blue Banks of the County airport and potential candidates for listing. Thlaspi and near the Spruce Grove campground additional realignment of the adjacent californicum was included as a on the Mendocino National Forest have road. Because of its extremely restricted candidate species in the February 28, pedicels that are perpendicular to the range, the plant is also vulnerable to 1996, notice. We published a proposed stem and silicles that are truncate and extinction from naturally occurring rule on February 11, 1998, to list this notched, characteristic of T. montanum. events such as fire (CNDDB 1997). species as endangered. We based the To assess the significance of the Additionally, the habitat and elevation proposal on information supplied by Kneeland Prairie population to the are different from Kneeland Prairie. reports to the CNDDB and observations species, Imper (1997) inspected Other herbarium specimens, housed at and reports by numerous botanists. potentially suitable habitat for Thlaspi Based on all available information the Humboldt State University californicum in other areas near including comments received in herbarium and collected from Blue Kneeland Prairie and to the south. He response to the proposal (see the Banks and from Spruce Grove found no other occurrences. Summary of Comments and campground, are identified as T. Additionally, T. californicum has been Recommendations section of this final montanum. McCarten and Rogers (1991) targeted for surveys by the Bureau of rule), we have now determined Thlaspi did not find any T. californicum in their Land Management (BLM) and U.S. californicum to be endangered. The habitat management study of rare plants Forest Service staff. The Six Rivers processing of this final rule conforms and communities associated with National Forest has no documented with our Listing Priority Guidance serpentine soils on the Mendocino occurrences (Lisa Hoover, botanist, Six published in the Federal Register on National Forest. The Mendocino Rivers National Forest, pers. comm., October 22, 1999 (64 FR 57114). The National Forest botanist and the 1997). A search for the species has not guidance clarifies the order in which we botanical consultant for Humboldt revealed any T. californicum on the will process rulemakings. Highest County concurred with this conclusion serpentine at Iaqua Buttes on BLM lands priority is processing emergency listing (Imper 1997; David Isle, botanist, (Jennifer Wheeler, botanist, BLM, Arcata rules for any species determined to face Mendocino National Forest, pers. Resource Area, pers. comm., 1997). a significant and imminent risk to its comm., 1997; L. Host and K. Tarp, pers. well-being (Priority 1). Second priority Previous Federal Action comms., 1997). (Priority 2) is processing final The California Natural Diversity Federal Government action on determinations on proposed additions Database (CNDDB) includes one Thlaspi californicum began when we to the lists of endangered and occurrence for Thlaspi californicum published an updated Notice of Review threatened wildlife and plants. Third based on Constance & Rollins’ collection (NOR) for plants on December 15, 1980 priority is processing new proposals to #2877 from 1942 (5 mi S of Hoopa (45 FR 82480), that identified those add species to the lists. The processing Valley), housed at the Humboldt State plants currently being considered for of administrative petition findings University herbarium. The specimen listing as endangered or threatened. We (petitions filed under section 4 of the had been annotated as T. californicum included T. californicum (then known Act) is the fourth priority. The in 1976 by T. Nelson, then the as T. californicum var. montanum) as a processing of critical habitat herbarium’s curator. A duplicate of this category 2 candidate for Federal listing determinations (prudency and specimen, housed at another herbarium, in this document. Category 2 candidates determinability decisions) and proposed had been assigned to T. montanum var. were those taxa for which data on or final designations of critical habitat montanum by Patricia Holmgren in her biological vulnerability and threats in will no longer be subject to 1971 biosystematic study of North our possession indicated that listing was prioritization under Listing Priority American T. montanum and its allies. possibly appropriate but was not Guidance. This final rule is a Priority 2 The specimen has since been examined sufficient to support proposed rules. action. We have updated this rule to by Imper and Service staff, who concur Our November 28, 1983, supplement to reflect any changes in information

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The State of California and receives its February 11, 1998, in the Federal legislative history of this provision information from a variety of sources Register (63 FR 7112) and associated clearly states the intent of Congress to including consultants, academia, State notifications, we requested all interested ‘‘ensure’’ that listing decisions are and Federal agency biologists, and parties to submit factual reports or ‘‘based solely on biological criteria and knowledgeable lay people. The information that might contribute to to prevent non-biological considerations information submitted to CNDDB is development of a final rule. The public from affecting such decisions,’’ H.R. reviewed by CNDDB staff for general comment period closed on April 13, Rep. No. 97–835, 97th Cong. 2d Sess. 19 accuracy before it is entered into the 1998. We contacted appropriate Federal (1982). As further stated in the database. agencies, State agencies, county and city legislative history, ‘‘Applying economic Peer Review governments, scientific organizations, criteria * * * to any phase of the and other interested parties and species listing process is applying We have routinely solicited comments requested comments. We also sent economics to the determinations made from parties interested in, and copies of the proposed rule and the under section 4 of the Act and is knowledgeable of, species that have letter for request of comment to three specifically rejected by the inclusion of been proposed for listing as threatened local libraries for public display. We the word ‘‘solely’’ in this legislation,’’ or endangered. The July 1, 1994, Peer published a newspaper notice in the H.R. Rep. No. 97–835, 97th Cong. 2d Review Policy (59 CFR 34270) Eureka Times-Standard on February 25, Sess. 19 (1982). Because we are established the formal requirement that 1998, which invited general public specifically precluded from considering a minimum of three independent peer comment. We received no requests for a economic impacts in a final decision on reviewers be solicited to review our public hearing. a proposed listing, we have not listing decisions. We received no Six individuals or agencies submitted examined such impacts and cannot responses to our requests for peer comments. Two commenters supported respond to comments and requests review of this listing action. the listing, three commenters opposed concerning possible economic Summary of Factors Affecting the the listing, and one commenter was consequences of listing this plant. Issue 3. One respondent stated that Species neutral. We received supporting the Service does not have sufficient comments from the California Native After a thorough review and scientific data to support a Plant Society and BLM. We received consideration of all information determination of endangered and that opposing comments from the the Service did not cite any studies that available, we have determined that Washington Legal Foundation, Pacific might question the validity of the Thlaspi californicum should be Legal Foundation, and a private citizen. proposal. classified as an endangered species. We We organized opposing comments and Response: The Act requires us to followed procedures found at section other comments questioning the reach a decision based on the best 4(a)(1) of the Act and regulations (50 proposed rule into specific issues, scientific and commercial information CFR part 424) implementing the listing grouped comments of a similar nature available. We believe that botanical provisions of the Act. A species may be by issue, and summarized them as study of the appropriate habitats on determined to be an endangered or follows: public lands in Humboldt and nearby threatened species due to one or more Issue 1: One respondent asserted that counties has been adequate to show that of the five factors described in section listing this species would exceed the this plant is indeed extremely rare. The 4(a)(1). These factors and their scope of the Federal commerce power threats to this species discussed under application to Thlaspi californicum are under the Commerce Clause of Article I, the Summary of Factors Affecting the as follows: section 8 of the U.S. Constitution. Species section of this rule are also A. The present or threatened Response: We maintain that we do based on the best information available destruction, modification, or have the authority to list plants such as and are well documented or reasonably curtailment of its habitat or range. The the one in this final rule pursuant to the foreseeable. By their nature, threats are habitat of Thlaspi californicum has been Act. A recent decision in the United descriptions of events that have not yet significantly reduced within the past 33 States Court of Appeals for the District taken place but are likely to occur in the years. Just before 1964, an estimated 2.0 of Columbia Circuit (National foreseeable future. All information to 2.25 ha (5 to 6 ac) of habitat existed Association of Home Builders of the received from all sources was carefully at Kneeland Prairie (Meyers 1991). U.S. v. Babbitt, 130 F.3d 1041, D.C. Cir. evaluated. Approximately 60 to 70 percent of the 1997) makes it clear in its application of Criteria for what information may be habitat at Kneeland Prairie has been lost the test used in the United States considered are discussed in the since 1964, due to construction of the Supreme Court case, United States v. Summary of Factors Affecting the Kneeland Prairie Airport, realignment of Lopez, 514 U.S. 549 (1995), that Species section. We have attempted to the county road that runs through regulation of species limited to one check all substantive information for Kneeland Prairie, and construction of State under the Act is within Congress’ accuracy and believe that the the California Department of Forestry commerce clause power. On June 22, information included in this rule is (CDFFP) helitack base (Meyers 1991; 1998, the Supreme Court declined to reliable. Imper 1990; Imper, pers. comm., 1997). accept an appeal of this case (118 S. Ct. Issue 4: One respondent asked a series Additional habitat and plants are 2340 1998). Therefore, our application of questions about the CNDDB including currently threatened by the proposed of the Act to Thlaspi californicum is its function, sources of information and expansion of the Kneeland Prairie constitutional. funding, and review process. Airport and potential road realignment.

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The Kneeland Prairie Airport serves safety issue that the runway is too short plants in the western colony. We principally as the backup airport for (Dave Dietz, Project Manager, Shutt- anticipate that such roadwork would Rohnerville, Murray, Eureka Municipal, Moen Associates, pers. comm., 1997). occur during airport construction to and Arcata-Eureka airports. Small Possible options include leaving the avoid the expense of bringing necessary single-engine and occasionally twin- airport configuration as is (i.e., repairing machinery to the site twice. engine planes use Kneeland Prairie current subsidence, but not extending B. Overutilization for commercial, Airport. This airfield is especially the runway), finding a different site for recreational, scientific, or educational important when airports at lower a new airport, or modifying the existing purposes. Overutilization is not known elevations are fogged in, a frequent airport (D. Dietz, pers. comm., 1997). to be a threat for this plant. occurrence in the region (Hodges & Financial constraints could influence C. Disease or predation. We know of Shutt 1993). Kneeland Prairie Airport is the choice among the alternatives (R. no threats to Thlaspi californicum from the only airport in the Humboldt Bay Beeninga, pers. comm., 1997). In disease. Cattle grazing occurs area that can be used when the bay is addition, exploratory soil boring is throughout the prairie and the area fogged in (Don Tuttle, Resource needed to determine how to stabilize surrounding the airport (Imper 1997). Specialist, Humboldt County Public the airport and to determine the cost of Cattle trails run through T. californicum Works, pers. comm., 1997). The airport extending the runway (D. Dietz, pers. habitat (Meyers 1991), but current levels is particularly important for commercial comm., 1997). Thlaspi californicum of grazing do not appear to threaten the express mail and air freight carriers, as occurs on the slopes immediately species. well as other couriers (Ray Beeninga, adjacent to the airfield. Exploratory D. The inadequacy of existing Airports Manager, Humboldt County, boring may affect individuals located regulatory mechanisms. The California pers. comm., 1997). immediately adjacent to airport lands Environmental Quality Act (CEQA) Humboldt County contracted a study (L. Host and K. Tarp, pers. obs. 1997). (chapter 2, section 21050 et seq. of the to evaluate its airports and prepare Modification of the existing airport is California Public Resources Code) appropriate planning documents anticipated to occur in the year 2000 (R. requires full disclosure of the potential (Hodges & Shutt 1993). The study Beeninga, pers. comm., 1997). environmental impacts of proposed provided an assessment of Kneeland The realignment of the county road projects. The public agency with Airport’s role and associated airfield adjacent to the airport could affect the primary authority or jurisdiction over requirements. The report also discussed western occurrence of Thlaspi the project is designated as the lead land use compatibility issues and californicum at Kneeland Prairie (D. agency and is responsible for descriptions of capital projects and Imper, pers. comm., 1997). The road conducting a review of the project and provided documentation required to currently runs along the southwest edge consulting with the other agencies upgrade Kneeland Prairie Airport from of the runway and serves areas beyond concerned with the resources affected temporary to permanent inclusion in the the airport. The aviation manager would by the project. Section 15065 of the National Plan for Integrated Airport not be authorized to modify the road Systems. That designation allows the except as necessary for slope CEQA guidelines requires a finding of county to receive Federal funding for stabilization or as the result of possible significance if a project has the potential airport modifications through the runway extension at the south end of to reduce the number or restrict the Federal Aviation Administration (FAA). the airport. The extension of the runway range of a rare or endangered plant or Recommendations in the report to the south is not expected to directly animal. Species that are eligible for included development of a complete impact T. californicum. However, if the listing as rare, threatened, or geotechnical study of specific runway is extended 30 to 65 m (90 to endangered but are not so listed are engineering designs to stabilize the 200 ft) (R. Beeninga, pers. comm., 1997), given the same protection as those airport and construction of a new the runway will run through the current species that are officially listed with the parking area meeting FAA setback road. The road would then either need State or Federal governments. Once standards. The report discussed design to go under the runway via a tunnel or significant effects are identified, the constraints for placement of the new be realigned. The western colony of T. lead agency has the option of requiring parking area. The location of the CDFFP californicum occurs just downslope of mitigation for effects through changes in helitack base limits the ability of the the current road. Road realignment the project or to decide that overriding airport to expand the existing parking could result in impacts to habitat and considerations make mitigation area to the northwest (Hodges & Shutt individual plants. infeasible. In the latter case, projects 1993). The recommended location for For safety reasons, it is likely that may be approved that cause significant the new parking area is on the eastern Humboldt County will undertake environmental damage, such as side of the airport (Hodges & Shutt straightening and/or widening the road, destruction of endangered species. 1993), adjacent to the eastern colony of either independent of or concurrent Protection of listed species through Thlaspi californicum. Construction of with runway expansion (L. Host, in litt., CEQA is therefore dependent upon the the parking facility at Kneeland Prairie 1997). The road adjacent to the airport discretion of the agency involved. Airport could adversely affect the is narrow; a blind, 90-degree curve in When the CDFFP constructed the habitat and individuals of the eastern the road around the end of the runway Kneeland Helitack Base in 1980, a colony due to the proximity of the limits safe speeds to only 10 to 15 miles botanical assessment was required by plants to the potential site. per hour. These conditions could the Humboldt County Planning Humboldt County is also contracting warrant a county decision to realign the Department for issuance of a conditional an initial study to evaluate the road to achieve a safer curve radius at use permit. However, CDFFP did not geotechnical feasibility and cost of the end of the runway. Unless the include any analysis of potential modifying Kneeland Prairie Airport. approach to that portion of the road is impacts to Thlaspi californicum, The study, currently in progress (D. moved outward beyond the plants although records of its California Native Tuttle and D. Imper, pers. comms., (which would require extra length and Plant Society 1B status and CNDDB 1997), is evaluating ways to solve expense), the realignment would cross documentation of the species’ presence problems involving subsidence of the the remaining serpentine habitat and were available at that time (Imper 1990, runway, slope stabilization, and the eliminate about half of the remaining Meyers 1991).

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E. Other natural or manmade factors special management considerations or of threat to this species of taking or affecting its continued existence. protection and; (ii) specific areas other human activity. Thlaspi californicum has never been outside the geographical area occupied In the absence of a finding that critical found anywhere other than at Kneeland by a species at the time it is listed, upon habitat would increase threats to a Prairie, where the single population a determination that such areas are species, if a critical habitat designation occupies 0.25 ha (0.6 ac), bisected by essential for the conservation of the would provide any benefits, then a the Kneeland Airport. This plant species. ‘‘Conservation’’ means the use prudent finding is warranted. In the occupies serpentine prairie habitat that of all methods and procedures needed case of this species, designating critical is quite restricted in extent. The to bring the species to the point at habitat may provide some benefits. The combination of a single population and which listing under the Act is no longer primary regulatory effect of critical restricted habitat makes T. californicum necessary. The regulations (50 CFR habitat is the section 7 requirement that susceptible to destruction of all or a 424.12(a)(1)) state that designation of Federal agencies refrain from taking any significant portion of its range from critical habitat is not prudent when one action that destroys or adversely naturally occurring events such as fire, or both of the following situations modifies critical habitat (see Available drought, or severe erosion (Shaffer 1981, exist—(1) the species is threatened by Conservation Measures section). While a Primack 1993). Chance events causing taking or other human activity, and critical habitat designation for habitat population fluctuations or even identification of critical habitat can be currently occupied by this species population extirpations are not usually expected to increase the degree of threat would not be likely to change the a concern until the number of to the species, or (2) such designation of section 7 consultation outcome because individuals or geographic distribution critical habitat would not be beneficial an action that destroys or adversely becomes as limited as with T. to the species. modifies such critical habitat would californicum (Primack 1993). The single In the proposed rule, we indicated also be likely to result in jeopardy to the known locality of the species also makes that designation of critical habitat was species, there may be instances where the population at Kneeland Prairie not prudent for Thlaspi californicum section 7 consultation would be particularly susceptible to extinction because of a concern that publication of triggered only if critical habitat is due to fire or an erosional event causing precise maps and descriptions of critical designated. Examples could include slope failure. Even one such event has habitat in the Federal Register could unoccupied habitat or occupied habitat the potential to seriously impact the increase the vulnerability of this species that may become unoccupied in the sole population of the species. to incidents of collection and future. Designating critical habitat may We have carefully assessed the best vandalism. We also indicated that also provide some educational or scientific and commercial information designation of critical habitat was not informational benefits. Therefore, we find that critical habitat is prudent for available regarding the past, present, prudent because we believed it would and future threats faced by this species Thlaspi californicum. not provide any additional benefit in determining to propose this rule. The Final Listing Priority Guidance beyond that provided through listing as Airport expansion activities, potential for FY 2000 (64 FR 57114) states, the endangered. road realignment, inadequate regulatory processing of critical habitat mechanisms, and naturally occurring In the last few years, a series of court determinations (prudency and events such as fire imperil the decisions have overturned Service determinability decisions) and proposed continued existence of this plant. The determinations regarding a variety of or final designations of critical habitat one known population of Thlaspi species that designation of critical will no longer be subject to californicum includes approximately habitat would not be prudent (e.g., prioritization under the Listing Priority 11,000 individual plants scattered Natural Resources Defense Council v. Guidance. Critical habitat within a 0.25 ha (0.6 ac) area. The U.S. Department of the Interior 113 F. determinations, which were previously species is in danger of extinction 3d 1121 (9th Cir. 1997); Conservation included in final listing rules published throughout all of its known range. Based Council for Hawaii v. Babbitt, 2 F. Supp. in the Federal Register, may now be on this evaluation, the preferred action 2d 1280 (D. Hawaii 1998)). Based on the processed separately, in which case is to list T. californicum as endangered. standards applied in those judicial stand-alone critical habitat Other alternatives to this action were opinions, we have reexamined the determinations will be published as considered but not preferred. A question of whether critical habitat for notices in the Federal Register. We will conservation agreement could not be Thlaspi californicum would be prudent. undertake critical habitat negotiated with the private land owners Due to the small number of determinations and designations during (D. Imper, in litt., 1994), and listing T. populations, Thlaspi californicum is FY 2000 as allowed by our funding californicum as threatened would not vulnerable to unrestricted collection, allocation for that year. As explained in provide adequate protection and would vandalism, or other disturbance. We detail in the Listing Priority Guidance, not be consistent with the Act. Listing remain concerned that these threats our listing budget is currently T. californicum as endangered would might be exacerbated by the publication insufficient to allow us to immediately provide additional protection and is of critical habitat maps and further complete all of the listing actions consistent with the Act’s definition of dissemination of locational information. required by the Act. Deferral of the endangered. However, we have examined the critical habitat designation for Thlaspi evidence available for Thlaspi californicum has allowed us to Critical Habitat californicum and have not found concentrate our limited resources on Critical habitat is defined in section 3 specific evidence of taking, vandalism, higher priority critical habitat of the Act as: (i) The specific areas collection, or trade of this species or any (including court ordered designations) within the geographical area occupied similarly situated species. and other listing actions, while allowing by the species, at the time it is listed in Consequently, consistent with us to put in place protections needed for accordance with the Act, on which are applicable regulations (50 CFR the conservation of Thlaspi found those physical or biological 424.12(a)(1)(i)) and recent case law, we californicum without further delay. features (I) essential to the conservation do not expect that the identification of However, because we have successfully of the species and (II) that may require critical habitat will increase the degree reduced, although not eliminated, the

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Certain exceptions to the this species, than we have in recent must enter into formal consultation with prohibitions apply to agents of the fiscal years. us. Service and State conservation agencies. We plan to employ a priority system All of the occurrences of Thlaspi The Act and 50 CFR 17.62 and 17.63 for deciding which outstanding critical californicum are on privately owned habitat designations should be land. However, impacts of modifying also provide for the issuance of permits addressed first. We will focus our efforts the adjacent airport have the potential to to carry out otherwise prohibited on those designations that will provide adversely affect T. californicum, due to activities involving endangered plant the most conservation benefit, taking the proximity of the plants to the species under certain circumstances. into consideration the efficacy of critical proposed parking apron. Funds from the Such permits are available for scientific habitat designation in addressing the FAA have been used to partially finance purposes and to enhance the threats to the species, and the a planning document for the Kneeland propagation or survival of the species. It magnitude and immediacy of those Prairie Airport and are proposed to be is anticipated that few trade permits threats. We will develop a proposal to used for airport modifications. Private would ever be sought or issued because designate critical habitat for Thlaspi sector funding is not anticipated to be this species is not common in californicum as soon as feasible, available for Kneeland Prairie Airport cultivation or common in the wild. considering our workload priorities. (Hodges & Shutt 1993). Realignment of Information collections associated with Unfortunately, for the immediate future, a county road adjacent to the airport these permits are approved under the most of Region 1’s listing budget must may be required if the runway is Paperwork Reduction Act, 44 U.S.C. be directed to complying with extended. This work could be partially 3501 et seq., and assigned Office of numerous court orders and settlement funded by Federal Highway Management and Budget clearance agreements, as well as due and overdue Administration grants, thereby number 1018–0094. For additional final listing determinations (like the one providing another avenue for section 7 information concerning these permits at issue in this case). consultation. and associated requirements, see 50 CFR Listing Thlaspi californicum would 17.62. Requests for copies of the Available Conservation Measures provide for development of a recovery regulations concerning listed plants and Conservation measures provided to plan for this plant. Such a plan would general inquiries regarding prohibitions species listed as endangered or bring together both State and Federal and permits may be addressed to the threatened under the Act include efforts for conservation of the plant U.S. Fish and Wildlife Service, recognition, recovery actions, species. The plan would establish a Endangered Species Permits, 911 N.E. requirements for Federal protection, and framework for agencies to coordinate 11th Avenue, Portland, Oregon 97232– prohibitions against certain activities. activities and cooperate with each other 4181 (telephone 503/231–2063; Recognition through listing results in in conservation efforts. The plan would facsimile 503/231–6243). public awareness and conservation set recovery priorities and estimate costs It is our policy, published in the actions by Federal, State, and local of various tasks necessary to accomplish Federal Register (59 FR 34272) on July agencies, private organizations, and recovery. It also would describe site- 1, 1994, to identify to the maximum individuals. The Act provides for specific management actions necessary extent practicable those activities that possible land acquisition and to achieve conservation and survival of would or would not be likely to cooperation with the States and requires the plant. Additionally, under section 6 constitute a violation of section 9 of the that recovery actions be carried out for of the Act, we would be able to grant Act if a species is listed. The intent of all listed species. The protection funds to the State for management this policy is to increase public required of Federal agencies and the actions promoting the protection and awareness of the effect of the species’ prohibitions against certain activities recovery of this species. involving listed plants are discussed, in The Act and its implementing listing on proposed and ongoing part, below. regulations set forth a series of general activities within its range. Collection of Section 7(a) of the Act requires prohibitions and exceptions that apply listed plants or activities that would Federal agencies to evaluate their to all endangered plants. All damage or destroy listed plants on actions with respect to any species that prohibitions of section 9(a)(2) of the Act, Federal lands are prohibited without a is proposed or listed as endangered or implemented by 50 CFR 17.61 for Federal endangered species permit. threatened and with respect to its endangered plants, apply. These Such activities on non-Federal lands critical habitat, if any is designated. prohibitions, in part, make it illegal for would constitute a violation of section Regulations implementing this any person subject to the jurisdiction of 9 of the Act if they were conducted in interagency cooperation provision of the the United States to import or export an knowing violation of California State Act are codified at 50 CFR part 402. endangered plant, transport such a plant law or regulation, or in the course of Section 7(a)(4) of the Act requires in interstate or foreign commerce in the violation of California State criminal Federal agencies to confer with the course of a commercial activity, sell or trespass law. Otherwise such activities Service on any action that is likely to offer for sale an endangered plant in would not constitute a violation of the jeopardize the continued existence of a interstate or foreign commerce, or Act on non-Federal lands. proposed species or result in remove and reduce an endangered plant Questions on whether specific destruction or adverse modification of to possession from areas under Federal activities would likely constitute a proposed critical habitat. If a species is jurisdiction. In addition, for plants violation of section 9 should be directed listed subsequently, section 7(a)(2) listed as endangered, the Act prohibits to the Field Supervisor of the Carlsbad requires Federal agencies to ensure that malicious damage or destruction on Fish and Wildlife Office (see ADDRESSES activities they authorize, fund, or carry areas under Federal jurisdiction, and the section).

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Regulatory Planning and Review Paperwork Reduction Act, 44 U.S.C. recordkeeping requirements, This rule is not subject to review by 3501 et seq. is required. An information Transportation. the Office of Management and Budget collection related to the rule pertaining to permits for endangered and Regulation Promulgation under Executive Order 12866. threatened species has OMB approval Accordingly, we hereby amend part National Environmental Policy Act and is assigned clearance number 1018– 17, subchapter B of chapter I, title 50 of We have determined that an 0094. For additional information the Code of Federal Regulations, as set environmental assessment and concerning permits and associated forth below: environmental impact statement, as requirements for endangered plants, see defined under the authority of the 50 CFR 17.62 and 17.63. PART 17Ð[AMENDED] National Environmental Policy Act of References Cited 1. The authority citation for part 17 1969, need not be prepared in A complete list of all references cited connection with regulations adopted in this rule is available upon request continues to read as follows: pursuant to section 4(a) of the from the Field Supervisor, Sacramento Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Endangered Species Act of 1973, as Fish and Wildlife Office (see ADDRESSES 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– amended. We published a notice section). 625, 100 Stat. 3500, unless otherwise noted. outlining our reasons for this determination in the Federal Register Author 2. Amend § 17.12(h) by adding the on October 25, 1983 (48 FR 49244). The primary author of this final rule following, in alphabetical order under is Kirsten Tarp, Sacramento Fish and Flowering Plants, to the List of Paperwork Reduction Act Endangered and Threatened Plants: Wildlife Office (see ADDRESSES section). This rule does not contain any § 17.12 Endangered and threatened plants. information collection requirements for List of Subjects in 50 CFR Part 17 which Office of Management and Endangered and threatened species, * * * * * Budget (OMB) approval under the Exports, Imports, Reporting and (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Thlaspi californicum Kneeland Prairie U.S.A. (CA) ...... Brassicaceae ...... E 684 NA NA penny-cress.

*******

Dated: January 13, 2000. Jamie Rapport Clark, Director, U.S. Fish and Wildlife Service. [FR Doc. 00–2950 Filed 2–8–00; 8:45 am] BILLING CODE 4310±55±U

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Proposed Rules Federal Register Vol. 65, No. 27

Wednesday, February 9, 2000

This section of the FEDERAL REGISTER of sick leave each leave year to care for at 5 CFR 630.201, which includes the contains notices to the public of the proposed a family member who is incapacitated following relatives of the employee: (a) issuance of rules and regulations. The or to make arrangements for or attend Spouse and parents thereof; (b) purpose of these notices is to give interested the funeral of a family member. Federal children, including adopted children, persons an opportunity to participate in the employees and agencies have expressed rule making prior to the adoption of the final and spouses thereof; (c) parents; (d) rules. full support for the use of sick leave for brothers and sisters, and spouses family care or bereavement purposes. thereof; and (e) any individual related Federal agencies believe the program by blood or affinity whose close OFFICE OF PERSONNEL fosters goodwill and creates a more association with the employee is the MANAGEMENT compassionate, family-friendly work equivalent of a family relationship. environment, resulting in a more 5 CFR Part 630 productive workforce that enables the Part-Time and Uncommon Tours Government to accomplish its mission. RIN 3206±AI76 Under the proposed regulations, the However, because of the 13-day entitlement to use sick leave to care for Sick Leave for Family Care Purposes limitation, many employees face extended periods of leave without pay a family member with a serious health AGENCY: Office of Personnel when caring for a family member after condition would be prorated for part- Management. they have exhausted their entitlement to time employees or employees with an ACTION: Proposed rule. use annual and sick leave. In a survey uncommon tour of duty. For those for our 1997 report to Congress on the employees, the amount of sick leave SUMMARY: The Office of Personnel available to care for a family member Management is issuing proposed use of sick leave for family care purposes, OPM found there was concern with a serious health condition would regulations to expand the use of sick be equal to 12 times the average number leave for family care purposes. Under that the 13-day limitation was inadequate for employees affected by of hours in the employee’s regularly the proposed regulations, an employee scheduled administrative workweek. would be able to use a total of up to 12 long-term, catastrophic illnesses of weeks of sick leave each year to care for family members. Requesting and Approving Sick Leave a family member with a serious health Under the proposed regulations, for Family Care Purposes condition. This benefit would broaden mothers and fathers caring for their the options available for employees to children, grandparents who are raising Employees who wish to use more meet their family responsibilities. their grandchildren, and employees than 13 days of sick leave in a leave year caring for other family members, DATES: Comments must be received on to care for a family member with a including mothers- and fathers-in-law, or before March 27, 2000. serious health condition would be would all greatly benefit from the more subject to the requirements in 5 CFR ADDRESSES: Comments may be sent or generous leave entitlement. The new 630.402 for requesting sick leave. To the delivered to Donald J. Winstead, benefit also would address the Assistant Director for Compensation extent possible, employees would be dilemmas faced by parents of children required to request advance approval for Administration, Office of Personnel with special needs when trying to Management, Room 7H31, 1900 E Street sick leave to provide care for a family balance their work and family NW., Washington, DC 20415–8200, FAX member with a serious health condition. responsibilities. Allowing an employee (202) 606–0824, or email to In addition, employees would be subject to use up to 12 weeks of his or her own [email protected]. to the requirements in 5 CFR 630.403 for accrued sick leave each year would providing administratively acceptable FOR FURTHER INFORMATION CONTACT: Jo reduce the need for extended periods of evidence or medical certification of a Ann Perrini, (202) 606–2858, FAX (202) leave without pay, which has a negative serious health condition. Most agencies 606–0824, or email to effect on an employee’s pay and [email protected]. have established procedures for benefits, such as within-grade increases requesting and approving sick leave, SUPPLEMENTARY INFORMATION: On May and health benefits. As a result, and employees would continue to 24, 1999, President Clinton issued a employees would be better able to deal follow these procedures when memorandum directing the Office of with the financial and personal strain requesting sick leave for family care caused by a family member’s medical Personnel Management (OPM) to purposes. expand the use of paid sick leave for needs. family care purposes. Consistent with Under the proposed regulations, the In addition, we are proposing to the President’s goal of eliminating ‘‘a term ‘‘serious health condition’’ would revise 5 CFR 630.403 to permit agencies significant barrier to caring for a family have the same meaning as found in to establish a uniformly applied policy member with a serious health OPM’s regulations at 5 CFR 630.1202 for that requires employees to provide condition,’’ we are issuing proposed administering the Family and Medical administratively acceptable evidence or regulations that would permit full-time Leave Act of 1993 (FMLA). That medical certification for a request for employees to use a total of up to 12 definition includes such conditions as sick leave within a specified time administrative workweeks of sick leave cancer, heart attacks, strokes, severe period. An employee who does not each leave year to care for a family injuries, Alzheimer’s disease, provide the required evidence or member with a serious health condition. pregnancy, and childbirth. The term medical certification within the Current regulations permit Federal ‘‘family member’’ would have the same specified time period would not be employees to use a maximum of 13 days meaning as found in OPM’s regulations entitled to sick leave.

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Relationship to Other Family-Friendly entitlement to 10 days (80 hours) of sick family care or bereavement purposes, an Leave Programs leave for general family care purposes or agency may not advance sick leave to An employee would continue to be up to 7 weeks and 2 days (296 hours) fulfill the 80-hour requirement. In entitled to a total of up to 12 workweeks of sick leave to care for a family member addition, an agency may not advance of unpaid leave under the FMLA for with a serious health condition. sick leave to allow an employee who An employee would continue to be certain family and medical needs. has a minimum of 80 hours of sick leave responsible for notifying the employing Therefore, an employee would be in his or her account to use additional agency as to whether he or she is permitted to substitute up to12 weeks of sick leave for family care purposes. requesting sick leave for family care or sick leave for unpaid leave under the Since the President directed OPM to bereavement purposes or to care for a FMLA if he or she is caring for a spouse, issue proposed regulations, we have family member with a serious health son or daughter, or parent with a serious received numerous inquiries from condition. The employing agency would health condition. employees, agency officials, and other continue to be responsible for Employees would continue to be interested parties who are experiencing maintaining a record of each employee’s entitled to use a total of up to 13 days a family medical emergency and need use of sick leave for all family care or of sick leave each leave year to (1) additional paid time off. To bereavement purposes, as required by 5 provide care for a family member as a accommodate the pressing need for this CFR 630.408. result of physical or mental illness; benefit, we are shortening the normal Employees who exhaust their 60-day public comment period to 45 injury; pregnancy; childbirth; or available sick and annual leave as a medical, dental, or optical examination days in order to expedite final action on result of caring for a family member may this proposal. or treatment; or (2) make arrangements request donated annual leave under the necessitated by the death of a family voluntary leave transfer or leave bank Regulatory Flexibility Act member or attend the funeral of a family programs. However, an employee’s I certify that these regulations would member, subject to the requirements expanded entitlement to use 12 weeks and limitations in 5 CFR 630.401. The not have a significant economic impact of sick leave under the proposed on a substantial number of small entities proposed regulations simply extend the regulations would have to be considered period during which sick leave may be because they would affect only Federal in determining his or her eligibility to agencies and employees. used to care for a family member with become a leave recipient under these a serious health condition. Under the programs. Under the proposed E.O. 12866, Regulatory Review proposed regulations, however, any regulations, if an employee wishes to This rule has been reviewed by the portion of the 13 days of sick leave become a leave recipient, and the Office of Management and Budget in previously used in a leave year for medical emergency involves a family accordance with Executive Order 12866. general family care purposes would be member, the employee would have to subtracted from the new entitlement to use all sick leave available to him or her Family Assessment Certification use a total of up to 12 weeks of sick under 5 CFR 630.401 for family care I certify that these regulations would leave to care for a family member with purposes before qualifying for donated strengthen the stability of the family, a serious health condition. annual leave. help families meet their responsibilities, Example 1: An employee uses 13 days Minimum Sick Leave Balance and increase the disposable income of (104 hours) of sick leave for family care families in accordance with section 654 purposes early in the leave year (leave A full-time employee is entitled to use of the Treasury and General year 1). On April 1, the employee up to 5 days (40 hours) of his or her Government Appropriations Act, 1999, requests additional sick leave to care for accrued or accumulated sick leave (or in as contained in section 101(h) of Public a mother-in-law with a serious health the case of a part-time employee or an Law 105–277, the Omnibus condition. Since the employee has employee on an uncommon tour of Consolidated and Emergency already used the 13-day (104-hour) duty, the number of days in his or her Supplemental Appropriations Act, entitlement to sick leave to care for a regularly scheduled workweek) for 1999. family member under § 630.401(a)(3)(i), family care or bereavement purposes she may use only 9 weeks and 2 days without regard to his or her sick leave List of Subjects in 5 CFR Part 630 (376 hours) of sick leave in the same balance. To use more than 5 days (40 Government employees. leave year to care for a family member hours) of sick leave to care for a family with a serious health condition. As of member, up to a maximum of 13 days U.S. Office of Personnel Management. the beginning of the next leave year (104 hours), an employee must maintain Janice R. Lachance, (leave year 2), the employee has a new a sick leave balance of at least 10 days Director. entitlement to use up to 13 days of sick (80 hours) at all times. Under the Accordingly, OPM is proposing to leave for family care or bereavement proposed regulations, if an employee amend part 630 of title 5 of the Code of purposes and a new entitlement to use uses sick leave to care for a family Federal Regulations as follows: up to 480 hours of sick leave to care for member with a serious health condition, a family member with a serious health these same limitations would apply. In PART 630ÐABSENCE AND LEAVE condition. summary, an employee may not use 1. The authority citation for part 630 Example 2: An employee used 3 days more than 5 days (40 hours) of sick continues to read as follows: (24 hours) of sick leave to attend the leave for any family-care purpose, funeral of her grandmother in January. unless he or she maintains a sick leave Authority: 5 U.S.C. 6311; § 630.301 also The employee then requested an balance of at least 10 days (80 hours) issued under Pub. L. 103–356, 108 Stat. 3410; additional 4 weeks (160 hours) of sick (or, in the case of a part-time employee § 630.303 also issued under 5 U.S.C. 6133(a); §§ 630.306 and 630.308 also issued under 5 leave to care for her grandfather, who or an employee with an uncommon tour U.S.C. 6304(d)(3), Pub. L. 102–484, 106 Stat. had pneumonia, a serious health of duty, two times the number of days 2722, and Pub. L. 103–337, 108 Stat. 2663; condition. The employee has used 184 in his or her regularly scheduled subpart D also issued under Pub. L. 103–329, hours of sick leave for all family care workweek). Although an agency may 108 Stat. 2423; § 630.501 and subpart F also purposes. She has a remaining advance up to 40 hours of sick leave for issued under E.O. 11228, 30 FR 7739, 3 CFR,

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1974 Comp., p. 163; subpart G also issued average number of hours in his or her DEPARTMENT OF AGRICULTURE under 5 U.S.C. 6305; subpart H also issued scheduled tour of duty each week) under 5 U.S.C. 6326; subpart I also issued during a leave year, subject to the Agricultural Marketing Service under 5 U.S.C. 6332, Pub. L. 100–566, 102 limitation found in paragraph (c)(2) of Stat. 2834, and Pub. L. 103–103, 107 Stat. 7 CFR Part 989 1022; subpart J also issued under 5 U.S.C. this section. 6362, Pub. L. 100–566, and Pub. L. 103–103; (2) If, at the time an employee uses [Docket No. FV00±989±2 PR] subpart K also issued under Pub. L. 105–18, sick leave to care for a family member 111 Stat. 158; subpart L also issued under 5 Raisins Produced From Grapes Grown with a serious health condition under U.S.C. 6387 and Pub. L. 103–3, 107 Stat. 23; in California; Increase in paragraph (a)(3)(ii) of this section, he or and subpart M also issued under 5 U.S.C. Compensation Rate for Handlers' she has used any portion of the sick 6391 and Pub. L. 102–25, 105 Stat. 92. Services Performed Regarding leave authorized under paragraph (b) of Reserve Raisins Subpart BÐDefinitions and General this section during that leave year, that Provisions for Annual and Sick Leave amount must be subtracted from the AGENCY: Agricultural Marketing Service, 2. In § 630.201(b), a new definition of maximum number of hours authorized USDA. serious health condition is added in under paragraph (c)(1) of this section to ACTION: Proposed rule. alphabetical order to read as follows: determine the total amount of sick leave that may be used during the remainder SUMMARY: This rule invites comments § 630.201 Definitions. of the leave year to care for a family on increasing, by approximately 15 * * * * * member with a serious health condition. percent, the compensation rate for handlers’ services performed in Serious health condition has the * * * * * meaning given that term in § 630.1202. connection with reserve raisins covered under the Federal marketing order for * * * * * 4. Section 630.403 is revised to read as follows: California raisins (order). The order Subpart DÐSick Leave regulates the handling of raisins § 630.403 Supporting Evidence. produced from grapes grown in 3. In § 630.401, the introduction to (a) An agency may grant sick leave California and is administered locally paragraph (a) and paragraphs (a)(3) and only when supported by evidence by the Raisin Administrative Committee (b) are revised; paragraphs (c) through (Committee). These changes are (e) are redesignated as paragraphs (d) administratively acceptable. Regardless of the duration of the absence, an necessary to reflect current industry through (f), respectively; a new costs. paragraph (c) is added; and in newly agency may consider an employee’s DATES: designated paragraph (e), ‘‘(c)’’ is certification as to the reason for his or Comments must be received by removed and ‘‘(d)’’ is added in its place her absence as evidence April 10, 2000. wherever it appears to read as follows: administratively acceptable. For an ADDRESSES: Interested persons are absence in excess of 3 workdays, or for invited to submit written comments § 630.401 Grant of sick leave. a lesser period when determined concerning this proposal. Comments (a) Subject to paragraphs (b) through necessary, the agency may also require must be sent to the Docket Clerk, (f) of this section, an agency must grant a medical certificate or other Marketing Order Administration sick leave to an employee when the administratively acceptable evidence as Branch, Fruit and Vegetable Programs, employee— to the reason for an absence for any of AMS, USDA, room 2525–S, PO Box * * * * * the purposes described in § 630.401(a). 96456, Washington, DC 20090–6456; (3)(i) Provides care for a family Fax: (202) 720–5698, or E-mail: (b) An agency may establish a member who is incapacitated as the [email protected]. All result of physical or mental illness, uniformly applied policy that requires comments should reference the docket injury, pregnancy, or childbirth or who employees to provide administratively number and the date and page number receives medical, dental, or optical acceptable evidence or medical of this issue of the Federal Register and examination or treatment; or certification for a request for sick leave will be made available for public (ii) Provides care for a family member within a specified time period. An inspection in the Office of the Docket with a serious health condition. employee who does not provide Clerk during regular business hours. * * * * * required administratively acceptable FOR FURTHER INFORMATION CONTACT: (b) The amount of sick leave granted evidence or medical certification within Maureen T. Pello, Marketing Specialist, to an employee during any leave year his or her agency’s specified time period California Marketing Field Office, for the purposes described in is not entitled to sick leave. Marketing Order Administration paragraphs (a)(3)(i) and (4) of this Branch, Fruit and Vegetable Programs, § 630.405 [Amended.] section may not exceed a total of 104 AMS, USDA, 2202 Monterey Street, hours (or, in the case of a part-time 5. In paragraph (a), remove ‘‘(e)’’ and suite 102B, Fresno, California 93721; employee or an employee with an add in its place ‘‘(f),’’ and in paragraph telephone: (559) 487–5901, Fax: (559) uncommon tour of duty, the number of (b), remove the last sentence. 487–5906; or George Kelhart, Technical Advisor, Marketing Order hours of sick leave normally accrued by * * * * * that employee during a leave year). Administration Branch, Fruit and (c)(1) An employee who is caring for [FR Doc. 00–2932 Filed 2–4–00; 4:26 pm] Vegetable Programs, AMS, USDA, room a family member with a serious health BILLING CODE 6325±01±P 2525–S, PO Box 96456, Washington, DC condition under paragraph (a)(3)(ii) of 20090–6456; telephone: (202) 720–2491, this section may use a total of up to 480 or Fax: (202) 720–5698. hours of sick leave (or, in the case of a Small businesses may request part-time employee or an employee with information on complying with this an uncommon tour of duty, an amount regulation by contacting Jay Guerber, of sick leave equal to 12 times the Marketing Order Administration

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Branch, Fruit and Vegetable Programs, $2.00 to $2.30 per ton for the first 3 rate provided for such services AMS, USDA, PO Box 96456, room months, and from $1.03 to $1.18 per ton performed in connection with reserve 2525–S, Washington, DC 20090–6456; per month for the remaining 9 months. raisins be increased from $40 to $46 per telephone (202) 720–2491, Fax: (202) This action was unanimously ton to reflect current industry costs. 720–5698; or E-mail: recommended by the Committee on Paragraph (a)(1) of § 989.401 is proposed [email protected]. January 13, 2000. to be modified accordingly. The order provides authority for In addition, the Committee SUPPLEMENTARY INFORMATION: This volume regulation designed to promote recommended that payment to handlers proposal is issued under Marketing orderly marketing conditions, stabilize for reserve raisins held beyond the end Agreement and Order No. 989 (7 CFR prices and supplies, and improve of a crop year be increased by the same part 989), both as amended, regulating producer returns. When volume percentage (15 percent). Additional the handling of raisins produced from regulation is in effect, a certain payment for reserve raisins held beyond grapes grown in California, hereinafter percentage of the California raisin crop the crop year of acquisition would be referred to as the ‘‘order.’’ The order is may be sold by handlers to any market increased from $2.00 to $2.30 per ton for effective under the Agricultural (free tonnage) while the remaining the first 3 months (August through Marketing Agreement Act of 1937, as percentage must be held by handlers in October), and from $1.03 to $1.18 per amended (7 U.S.C. 601–674), hereinafter a reserve pool (or reserve) for the ton per month for the remaining 9 referred to as the ‘‘Act.’’ account of the Committee. Reserve months (November through July). The Department of Agriculture raisins are disposed of through certain Appropriate modifications are proposed (Department) is issuing this rule in programs authorized under the order. to paragraph (b) of § 989.401. conformance with Executive Order For instance, reserve raisins may be sold This rule would also make a minor 12866. by the Committee to handlers for free correction to paragraph (b) of § 989.401. This rule has been reviewed under use; used in diversion programs; carried That paragraph, which, as indicated Executive Order 12988, Civil Justice over as a hedge against a short crop the above, specifies the additional payment Reform. This rule is not intended to following year; or disposed of in other for reserve raisins held beyond the crop have retroactive effect. This rule will outlets not competitive with those for year of acquisition, states such not preempt any State or local laws, free tonnage raisins, such as government additional payment for months regulations, or policies, unless they purchase, distilleries, or animal feed. reflecting a crop year from September 1 present an irreconcilable conflict with Proceeds generated from sales of reserve through August 31. However, the order this rule. raisins are also used to support handler was amended in 1976 to change the The Act provides that administrative sales to export markets, which are crop year from August 1 through July proceedings must be exhausted before generally lower-priced than the 31. Thus, the first 3 months of the crop parties may file suit in court. Under domestic market. Net proceeds from year should be August through October, section 608c(15)(A) of the Act, any sales of reserve raisins are distributed to rather than September through handler subject to an order may file the reserve pool’s equity holders, November, and the remaining 9 months with the Secretary a petition stating that primarily producers. of the crop year would be the period the order, any provision of the order, or Section 989.66(f) of the order specifies November through July. Accordingly, any obligation imposed in connection that handlers be compensated for appropriate modifications are proposed with the order is not in accordance with receiving, storing, fumigating, and to paragraph (b) of § 989.401. law and request a modification of the handling that tonnage of reserve raisins Finally, this rule would make a order or to be exempted therefrom. A determined by the reserve percentage of conforming change to paragraph (c) of handler is afforded the opportunity for a crop year and held by them for the § 989.401 regarding rental payment on a hearing on the petition. After the account of the Committee, in boxes and bins containing raisins held hearing, the Secretary would rule on the accordance with a schedule of payments beyond the crop year of acquisition. petition. The Act provides that the established by the Committee and Persons who furnish boxes or bins used district court of the United States in any approved by the Secretary. Such for storing reserve raisins are district in which the handler is an compensation is paid by the Committee compensated for the use of such inhabitant, or has his or her principal to handlers as soon as practicable after containers. Section 989.401(c) currently place of business, has jurisdiction in the end of the second quarter of the crop reflects a crop year from September 1 equity to review the Secretary’s ruling year (January) and quarterly thereafter. through August 31 and should be on the petition, provided an action is The crop year runs from August 1 modified to reflect the current August 1 filed not later than 20 days after the date through July 31. The order also requires through July 31 crop year. Appropriate of the entry of the ruling. that the Committee review this rate changes are proposed to § 989.401(c). This rule invites comments on annually. Pursuant to requirements set forth in increasing the compensation rate for Section 989.401(a) of the order’s rules the Regulatory Flexibility Act (RFA), handlers’ services performed in and regulations specifies that handlers the Agricultural Marketing Service connection with reserve raisins covered be compensated at a rate of $40 per ton (AMS) has considered the economic under the order. Under the order, (natural condition weight at the time of impact of this action on small entities. handlers are compensated for receiving, acquisition) for receiving, storing, Accordingly, AMS has prepared this storing, fumigating, and handling fumigating, and handling reserve raisins initial regulatory flexibility analysis. reserve tonnage raisins acquired during acquired during a particular crop year. The purpose of the RFA is to fit a crop year. This rule would increase The Committee conducted a survey regulatory actions to the scale of this rate from $40 to $46 per ton to among handlers to obtain data on the business subject to such actions in order reflect current industry costs. This current costs of receiving, storing, that small businesses will not be unduly action was unanimously recommended fumigating, and handling raisins. The or disproportionately burdened. by the Committee on November 10, survey showed that such costs ranged Marketing orders issued pursuant to the 1999. Additional payment for reserve from about $40 to $71.50 per ton. After Act, and rules issued thereunder, are raisins held beyond the crop year of analyzing the survey, the Committee unique in that they are brought about acquisition would be increased from recommended that the compensation through group action of essentially

VerDate 272000 16:16 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM pfrm08 PsN: 09FEP1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules 6343 small entities acting on their own years and that handlers have been compliance guide should be sent to Jay behalf. Thus, both statutes have small absorbing these costs. Increasing the $40 Guerber at the previously mentioned entity orientation and compatibility. per ton fee to $46 per ton for reserve address in the FOR FURTHER INFORMATION There are approximately 20 handlers raisins acquired during a particular crop CONTACT section. of California raisins who are subject to year would more appropriately reflect A 60-day comment period is invited regulation under the order and the costs incurred by handlers and to allow interested persons to respond approximately 4,500 raisin producers in thereby reduce net proceeds to equity to this proposal. All written comments the regulated area. Small agricultural holders. There should be no timely received will be considered service firms have been defined by the disproportionate impact of this before a final determination is made on Small Business Administration (13 CFR proposed action on small entities. Costs this matter. 121.201) as those having annual receipts are allocated to equity holders based on List of Subjects in 7 CFR Part 989 of less than $5,000,000, and small their proportionate share of raisins in agricultural producers are defined as the reserve pool. In addition, this cost Grapes, Marketing agreements, those having annual receipts of less than is incorporated into the price of reserve Raisins, Reporting and recordkeeping $500,000. Thirteen of the 20 handlers raisins that are sold to handlers for free requirements. have annual sales estimated to be at use. Thus, the reserve pool is ultimately For the reasons set forth in the least $5,000,000, and the remaining 7 reimbursed for some of this cost. preamble, 7 CFR part 989 is proposed to handlers have estimated sales less than Other alternatives to the proposed be amended as follows: $5,000,000, excluding receipts from any rates were considered by the raisin other sources. No more than 7 handlers, industry prior to the Committee’s PART 989ÐRAISINS PRODUCED and a majority of producers, of recommendations. The Committee’s FROM GRAPES GROWN IN California raisins may be classified as Administrative Issues Subcommittee CALIFORNIA small entities. met on November 9, 1999, and 1. The authority citation for 7 CFR Pursuant to § 989.66(f) of the order, considered rates of $44 and $50 per ton part 989 continues to read as follows: this rule would increase the for services performed in connection compensation rate for handlers’ services with reserve raisins acquired during a Authority: 7 U.S.C. 601–674. performed in connection with reserve crop year. Ultimately, the Committee 2. In § 989.401, paragraphs (a)(1), (b), raisins covered under the order. This concluded that the proposed $46 per ton and (c) are revised to read as follows: rule would revise paragraphs (a)(1) and rate for services performed during the (b) of § 989.401, respectively, to increase year of acquisition, and comparable § 989.401 Payments for services the handlers’ compensation for performed with respect to reserve tonnage rates for the succeeding crop year, were raisins. receiving, storing, fumigating, and appropriate. handling reserve raisins acquired during This proposed rule would increase (a) Payment for crop year of a particular crop year from $40 to $46 the compensation rate for handlers’ acquisition.—(1) Receiving, storing, per ton, and increase such additional services regarding reserve tonnage fumigating, and handling. Each handler payment for reserve raisins held beyond raisins. Accordingly, this action would shall be compensated at a rate of $46 per the crop year of acquisition from $2.00 not impose any additional reporting or ton (natural condition weight at the time to $2.30 per ton for the first 3 months recordkeeping requirements on either of acquisition) for receiving, storing, (August through October), and from small or large raisin handlers. As with fumigating, and handling the reserve $1.03 to $1.18 per ton per month for the all Federal marketing order programs, tonnage raisins, as determined by the remaining 9 months (November through reports and forms are periodically final reserve tonnage percentage, July). These changes are necessary to reviewed to reduce information acquired during a particular crop year reflect current industry costs. requirements and duplication by and held by the handler for the account Conforming changes are also proposed industry and public sector agencies. of the Committee during all or any part to paragraphs (b) and (c) of § 989.401 to Finally, the Department has not of the same crop year. reflect the current August 1 through July identified any relevant Federal rules * * * * * 31 crop year. that duplicate, overlap or conflict with (b) Additional payment for reserve Regarding the impact of this rule on this proposed rule. tonnage raisins held beyond the crop affected entities, handlers and In addition, the Committee’s year of acquisition. Additional payment producers, the order provides that Administrative Issues Subcommittee for reserve tonnage raisins held beyond handlers store reserve raisins for the meeting on November 9, 1999, and the the crop year of acquisition shall be account of the Committee. Net proceeds Committee meetings on November 10, made in accordance with this from sales of such reserve raisins are 1999, and on January 13, 2000, where paragraph. Each handler holding such distributed back to the reserve pool’s this action was deliberated were all raisins for the account of the Committee equity holders, primarily producers. public meetings widely publicized on August 1 shall be compensated for Handlers are compensated from reserve throughout the raisin industry. All storing, handling, and fumigating such pool funds for their costs in receiving, interested persons were invited to raisins at the rate of $2.30 per ton per storing, fumigating, and handling attend the meetings and participate in month, or any part thereof, between reserve raisins. Currently, handlers are the industry’s deliberations. Finally, all August 1 and October 31, and at the rate compensated at a rate of $40 per ton for interested persons are invited to submit of $1.18 per ton per month, or any part reserve raisins acquired during a information on the regulatory and thereof, between November 1 and July particular crop year. For example, for informational impacts of this action on 31. Such services shall be completed so the 1997–98 crop year, about 130,000 small businesses. that the Committee is assured that the tons of raisins were held in reserve, and A small business guide on complying raisins are maintained in good handlers were compensated a total of with fruit, vegetable, and specialty crop condition. about $5.7 million from the 1997–98 marketing agreements and orders may (c) Payment of rental on boxes and reserve pool. A Committee survey be viewed at the following web site: bins containing raisins held beyond the showed that handler costs regarding http://www.ams.usda.gov/fv/moab/ crop year of acquisition. Payment of reserve raisins has increased in recent html. Any questions about the rental on boxes and bins containing

VerDate 272000 14:19 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM pfrm01 PsN: 09FEP1 6344 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules reserve tonnage raisins held beyond the departments (STDs) clarification and to the regulation were published at 53 crop year of acquisition shall be made more flexibility in implementing it. FR 2829 and 53 FR 24932; and on July in accordance with this paragraph. Each DATES: Comments in response to this 5, 1995, when a final rule was published handler, producer, dehydrator, and NPRM must be received on or before at 60 FR 34846. The February 2, 1988, other person who furnishes boxes or April 10, 2000. amendment provided that each State bins in which such raisins are held for ADDRESSES: Submit written, signed must decide, as part of its utility the account of the Committee on August comments to the docket number relocation plan, whether to allow 1 shall be compensated for the use of appearing at the top of this document. longitudinal utility installations within such boxes and bins. The rate of You must submit your comments to the the access control limits of freeways and compensation shall be: For boxes, two Docket Clerk, U.S. DOT Dockets Room, if allowed under what circumstances. and one-half cents per day, not to Room PL–401, 400 Seventh Street, SW., The July 1, 1988, amendment clarified exceed a total payment of $1 per box per Washington, DC 20590. All comments that costs incurred by highway agencies year, per average net weight of raisins in will be available for examination at the in implementing projects solely for a sweatbox, with equivalent rates for above address between 9 a.m. and 5 safety corrective measures to reduce the raisins in boxes other than sweatboxes; p.m., e.t., Monday through Friday, hazards of utilities to highway users are and for bins 20 cents per day per bin, except Federal holidays. To receive eligible for Federal-aid participation. not to exceed a total of $10 per bin per notification of receipt of comments you The July 5, 1995, amendment raised the year. For purposes of this paragraph, must include a pre-addressed, stamped upper limit for FHWA forgoing box means any container with a envelope or postcard. preaward review and/or approval of capacity of less than 1,000 pounds and consultant contracts for preliminary FOR FURTHER INFORMATION CONTACT: Mr. bin means any container with a capacity engineering from $10,000 to $25,000; Paul Scott, (202) 366–4104, Office of of 1,000 pounds, or more. The average increased the ceiling for lump sum Program Administration, HIPA–20, or net weight of raisins in each type of box agreements from $25,000 to $100,000; Mr. Reid Alsop, (202) 366–0791, Office shall be the industry average as clarified the methodology to be used to of the Chief Counsel, HCC–31. Office computed by the Committee for the box compute indirect or overhead rates; hours are from 7:45 a.m. to 4:15 p.m., in which the raisins are so held. No required utilities to submit final billings e.t., Monday through Friday, except further compensation shall be paid within 180 calendar days following Federal holidays. unless the raisins are so held in the completion of the work; brought the boxes on the succeeding August 1. SUPPLEMENTARY INFORMATION: definition of ‘‘clear zone’’ into * * * * * Electronic Access conformance with the American Association of State Highway and Dated: February 3, 2000. Internet users may access all Transportation Officials (AASHTO) comments received by the U.S. DOT Robert C. Keeney, ‘‘Roadside Design Guide’’; and Dockets, Room PL–401, by using the Deputy Administrator, Fruit and Vegetable conformed the utilities regulations to universal resource locator (URL): http:/ Programs. the Intermodal Surface Transportation /dms.dot.gov. It is available 24 hours [FR Doc. 00–2980 Filed 2–8–00; 8:45 am] Efficiency Act of 1991 (ISTEA), Public each day, 365 days each year. Please BILLING CODE 3410±02±P Law 102–240, 105 Stat. 1914. follow the instructions online for more The proposed amendments would information and help. An electronic copy of this document change the regulation as follows: DEPARTMENT OF TRANSPORTATION may be downloaded by using a modem —Eliminate the $100,000 upper limit for lump-sum agreements. Federal Highway Administration and suitable communications software from the Government Printing Office’s —Allow reimbursement for labor surcharge, material, and supply costs 23 CFR Part 645 Electronic Bulletin Board Service at (202) 512–1661. Internet users may to be based upon unit costs, as well [FHWA Docket No. FHWA±99±6232] reach the Office of the Federal Register’s as average costs, in lieu of actual home page at: http://www.nara.gov/ costs. RIN 2125±AE68 fedreg and the Government Printing —Apply the utility regulations to Utilities Office’s database at: http:// facilities similar to utilities, i.e., www.access.gpo.gov/nara. facilities, such as wireless AGENCY: Federal Highway telecommunications towers, that are Administration (FHWA), DOT. Background included in the definition of utility ACTION: Notice of proposed rulemaking Present FHWA regulations regarding and are considered to be utilities by (NPRM); request for comments. utility relocation and accommodation many, but not all, of the States. matters have evolved from basic —Suggest the Federal share of net SUMMARY: The FHWA proposes to principles established decades ago, with income from revenues obtained by amend its regulation prescribing many of the policies remaining STDs for utility use of highway rights- policies, procedures, and unchanged. The present regulations are of-way on Federal-aid highway reimbursement provisions for the found in 23 CFR part 645. Subpart A of projects be used by the State for adjustment and relocation of existing this part pertains to utility relocations, projects eligible under title 23, U.S.C. utility facilities, and for the adjustments, and reimbursement. —Clarify the intent of the regulations accommodation of new utility facilities Subpart B pertains to the that STDs control utility use of and private lines on the right-of-way of accommodation of utilities. highway right-of-way on Federal-aid Federal-aid and direct Federal highway The utility regulations were revised highway projects within the State and projects. These amendments will bring on May 15, 1985, when a final rule was its political subdivisions, but not the FHWA’s utilities regulation into published in the Federal Register at 50 necessarily on all Federal-aid conformance with recent laws, FR 20344. Three significant changes highways. regulations, or guidance, and will have occurred since then, on February —Set forth as the most important provide State transportation 2 and July 1, 1988, when amendments consideration in determining whether

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a proposed installation is a utility or (HA)’’ would be changed to ‘‘State following completion of work. The not is how the STD views it under its transportation department’’ and intent was to authorize STDs to require own State laws and/or regulations. ‘‘Transportation department,’’ utilities to submit final bills for utility —Suggest when a STD intends to permit respectively, to conform the utilities relocation work within one year of utilities to use and occupy the right- regulation to section 1212(a) of the completion of the work, and if final bills of-way on a Federal-aid highway TEA–21. The definition ‘‘adjustment’’ were not submitted within that time project, such potential use should be would be added, and the definition frame, to consider previous payments to a consideration in determining the ‘‘relocation’’ would be revised. the utility to be final. This regulation extent and adequacy of the right-of- Adjustment and relocation are two was intended to be a tool to help STDs way needed for the project. separate activities in subpart A, but both close out projects in a timely manner; —Suggest when acquiring highway are included under the definition for however, the intent was also to allow right-of-way, the STD, in consultation relocation. This amendment would STDs to make exceptions. If they desire, with the utilities, should consider merely separate the one, all-inclusive STDs may pay bills received from acquiring sufficient right-of-way to definition, into two separate definitions utilities more than one year following accommodate utility needs. without changing the intent or meaning completion of the work and be —Indicate when a STD acquires and of either activity. reimbursed with Federal-aid highway funds for eligible items. retains right-of-way on a Federal-aid Section 645.113 Agreements and highway project for use by utilities in Authorizations Section 645.119 Alternate Procedure accordance with established standard criteria pursuant to State law, Paragraph (f) would be amended to The first sentence in paragraph (c) ordinance, or administrative practice, eliminate the $100,000 ceiling for using would be amended to delete the such right-of-way may be considered the lump sum payment arrangement for provision encouraging STDs to adopt eligible for Federal-aid reimbursement reimbursement for utility adjustments the alternate procedure for utilities, but as an integral part of the project right- on Federal-aid and direct Federal would continue to indicate that if they of-way. highway projects. The proposed want to adopt the alternate procedure, —Eliminate a confusing provision to amendment would provide the States they may do so by filing a formal clarify the intent that the utility greater flexibility in utilizing the lump application to the FHWA for approval. regulations are not applicable to sum payment arrangement. The purpose The alternate procedure was a longitudinal installations of private of allowing lump sum agreements, in forerunner of the certification lines. lieu of agreements based on an acceptance process and was similar in —Delete the provision encouraging accounting of actual costs, is to reduce many ways. But, with passage of the STDs to adopt the alternate procedure the administrative burden associated TEA–21, the States were given the for utilities. with utility relocation projects. Under option of exempting the FHWA from —Incorporate an amendment the lump sum process, cost accounting oversight on many Federal-aid projects conforming the utilities regulations to is easier, project billings are simplified, under the provisions of 23 U.S.C. and a final audit of detailed cost records the Transportation Equity Act for the 106(b). As a result, there became limited is not required. The FHWA believes the 21st Century (TEA–21), Public Law interest in using the alternate procedure small degree of accuracy that might be 105–178, 112 Stat. 107. for utilities. The alternate procedure The FHWA proposes to amend these realized if more detailed cost accounting will remain available for STDs that want regulations in the following manner and methods were followed does not justify to use it, but the FHWA will no longer for the reasons indicated below. the extra cost involved in carrying out encourage STDs to use it. detailed audits. This revision would Section-by-Section Analysis increase the number of utility Section 645.201 Purpose The term ‘‘utility facilities’’ would be Section 645.101 Purpose relocations potentially eligible for lump sum payment. changed to ‘‘utilities.’’ The term The term ‘‘utility facilities’’ would be ‘‘utilities’’ has commonly been used to changed to ‘‘utilities.’’ The term Section 645.117 Cost Development describe lines, facilities, or systems for ‘‘utilities’’ has commonly been used to and Reimbursement producing, transmitting, or distributing describe lines, facilities, or systems for Paragraphs (c)(1) and (e)(4) would be communications, electricity, or any producing, transmitting, or distributing revised to: Allow reimbursement for other similar commodity. The term communications, electricity, or any labor surcharge, material, and supply ‘‘utility facilities,’’ as presently used to other similar commodity. Hence, the costs based upon unit costs, as well as describe the purpose of subpart B, term ‘‘utility facilities,’’ as presently average costs, in lieu of actual costs; though technically correct, is not all used to describe the purpose of subpart indicate average rates or unit costs may inclusive as it fails to cover ‘‘lines’’ and A, though technically correct, is not all be adjusted as deemed appropriate by ‘‘systems.’’ The term ‘‘utilities’’ better inclusive as it fails to cover ‘‘lines’’ and the STD or the FHWA; and indicate covers all possible accommodation ‘‘systems.’’ The term ‘‘utilities’’ is a approval of the methodology to be used activities. more common term and better covers all and periodic STD reviews may provide possible adjustment or relocation all the oversight necessary to satisfy the Section 645.203 Applicability activities. intent of the regulations. The proposed Paragraph (e) would be added to amendments would provide the States apply the utility regulations to facilities Section 645.105 Definitions greater flexibility in utilizing the lump similar to utilities, i.e., facilities, such as Paragraph designations would be sum payment arrangement. They would wireless telecommunications towers, removed from all definitions and all also decrease unnecessary paperwork that are considered by the FHWA to be definitions would be placed in and encourage innovation. included in the definition of ‘‘utility’’ in alphabetical order in order to conform Paragraph (i)(2) would be revised to this subpart and are considered to be subpart A to the existing format in clarify the intent of the regulation utilities by many, but not all, of the subpart B. Also, the definitions ‘‘State requiring utilities to submit final States. This proposed amendment highway agency’’ and ‘‘Highway agency billings within 180 calendar days would only effect the FHWA

VerDate 272000 14:19 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM pfrm01 PsN: 09FEP1 6346 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules accommodation procedures. Presently, covers all possible accommodation telecommunications towers and other utilities may be accommodated on activities. similar facilities as discussed above in highway right-of-way under provisions The definition of ‘‘clear zone’’ is § 645.203. As in many utility-related in this subpart; whereas, non-utilities amended to remove the date of the matters, the FHWA policy is broad may also be accommodated on highway referenced publication and to indicate enough in this instance to cover most right-of-way, but under provisions in that the most current edition should be situations, but nonetheless, in States another regulation, 23 CFR 1.23(c). The used, and to remove the reference to where the State policy is more FHWA definition of ‘‘utilities’’ and FHWA Regional Offices. The purpose restrictive, and sometimes more liberal, many States’ definitions of ‘‘utilities’’ for deleting the date of the publication than the FHWA policy, the FHWA will cover wireless telecommunications and making reference to ‘‘the most normally look upon a particular towers; whereas, some States’ current edition’’ would be to ensure the situation in the same manner the State definitions of ‘‘utilities’’ do not. The most recent information is used. does. proposed amendment would allow Reference to FHWA Regional Offices Paragraph (n) would be added to wireless telecommunications towers, would be deleted because in a recent encourage STDs, when they intend to and other similar facilities, whether reorganization all FHWA Regional permit utilities to use and occupy the considered by an individual State to be Offices were abolished. All utility- right-of-way on a Federal-aid highway ‘‘utilities’’ or not, to be accommodated related responsibilities of the FHWA project, to consider such potential use under the provisions contained in this Regional Offices have been delegated to in determining the extent and adequacy part of the utility regulations. This will FHWA Division Offices. of the right-of-way needed for the project. Paragraph (n) would also provide uniformity by avoiding wireless Section 645.209 General Requirements telecommunications towers, and similar encourage STDs, in consultation with facilities, from being accommodated Paragraph (d) would be amended to the utilities, to consider acquiring the under one FHWA procedure in one clarify the intent that STDs control right-of-way needed to accommodate State and a different FHWA procedure utility use of highway right-of-way on the utilities, with the understanding in another State. Federal-aid highway projects within the they may keep the acquired right-of- State and its political subdivisions, but way, or may sell, lease, or somehow Section 645.205 Policy not necessarily on all Federal-aid convey it to the utilities. This will Paragraph (e) is added to indicate highways. The FHWA’s concern in this minimize inconvenience to property States may charge a fee for utility use of regard is limited to streets and highways owners. Right-of-way acquired for highway rights-of-way on Federal-aid that have been developed and utility purposes and retained by STDs highway projects, but suggests that if constructed using Federal-aid highway may be eligible for Federal-aid they do the proceeds should be used for funds. Even though STDs may only be reimbursement. title 23, U.S.C., projects. It has been the required to regulate utility use on The FHWA’s authority for allowing FHWA’s policy for many years to allow Federal-aid highway projects, as a utility use and occupancy of the right- States to charge fees for utility use if practical matter it is difficult for them of-way of Federal-aid and direct Federal they desire, but to allow them to use the to adopt one policy for Federal-aid highway projects is contained in 23 CFR proceeds as they see fit. The FHWA has funded projects versus a different policy 1.23. Under the provisions of this informally encouraged the States to use for adjoining State funded projects. As section, the State must acquire right-of- such proceeds for transportation a result, STDs normally adopt a utility way which is adequate not only for the purposes. This proposed amendment accommodation policy that covers construction of the highway facility, but would formally establish the FHWA’s highway routes under their jurisdiction also for its operation and maintenance. desire for proceeds from fees charged for as a group. Even so, the distinction in The right-of-way must be devoted utility use of highway right-of way to be this regard between Federal-aid projects exclusively to public highway purposes. used for title 23, U.S.C., purposes. and Federal-aid highways may be Section 1.23(c) permits certain non- helpful. highway uses of the right-of-way which Section 645.207 Definitions Paragraph (j) would be amended to are found to be in the public interest, The definitions ‘‘State highway remove the date of the referenced provided such uses do not impair the agency’’ and ‘‘Highway agency’’ would publication and indicate the most highway or interfere with the free and be changed to ‘‘State transportation current edition should be used, and to safe flow of traffic thereon. Such a department’’ and ‘‘transportation remove the reference to FHWA Regional public interest finding has been made department,’’ respectively, to conform Offices. The reasons for doing this are for utility facilities. A direct the utilities regulation to section 1212(a) the same as discussed in § 645.207 relationship exists between § 1.23 of the TEA–21. above. requirements concerning the adequacy The definition ‘‘utility facility’’ would Paragraph (m) would be added to of right-of-way to be acquired and the be changed to ‘‘utility,’’ and in the clarify existing policy that the most provisions for permitted non-highway definition ‘‘private lines’’ the term important consideration in determining uses. Proposed non-highway uses ‘‘utility facility’’ would be changed to whether a proposed installation is a cannot be of a nature which would ‘‘utility.’’ As discussed previously, the ‘‘utility’’ or not is how the STD views negate the general requirement term ‘‘utilities’’ has commonly been it under its own State laws and/or regarding the adequacy of the right-of- used to describe lines, facilities, or regulations, and a lesser, but way. Therefore, it is implicit in the systems for producing, transmitting, or nonetheless important consideration in public interest finding for utility use of distributing communications, making this determination is the the right-of-way of Federal-aid or direct electricity, or any other similar definition of a ‘‘utility’’ in the Federal highway projects that there commodity. Hence, the term ‘‘utility definitions section of subpart B. This must be adequate space available to facilities,’’ as presently used to describe determination is important because locate the utility facilities in a manner the purpose of subpart B, though utilities are handled under this which does not interfere with the safe technically correct, is not all inclusive regulation; whereas, private lines and and efficient operations of the highway. as it fails to cover ‘‘lines’’ and other non-utilities are handled under Consequently, when a State intends to ‘‘systems.’’ The term ‘‘utilities’’ better other regulations, except for wireless permit utilities to use and occupy

VerDate 272000 14:19 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM pfrm01 PsN: 09FEP1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules 6347 public highway right-of-way, such Section 645.211 State Highway Agency persons should continue to examine the potential use should be a consideration Accommodation Policies docket for new material. in determining the extent and adequacy Executive Order 12866 (Regulatory of the right-of-way needed for the The section heading would be Planning and Review) and DOT project. Failure to recognize the impact changed to reflect the statutory name Regulatory Policies and Procedures of such use, as well as other uses on change from ‘‘State highway agency’’ to private property located adjacent to the ‘‘State transportation department.’’ The The FHWA has determined that this public highway right-of-way, may affect introductory paragraph would be proposed action is not a significant the safe and efficient operations of the amended to remove the dates of the regulatory action within the meaning of highway and may result in the referenced publications and indicate Executive Order 12866, nor would it be acquisition of right-of-way which is that the most current editions should be a significant regulatory action within inadequate to meet the needs of the used, and to remove the reference to the Department of Transportation’s highway and the traveling public. FHWA Regional Offices. This is for the regulatory policies and procedures. The same reasons as discussed in § 645.207 proposed amendments would simply For example, little would be gained above. by acquiring restricted right-of-way and make minor changes to update the denying its use to certain utilities if Section 645.215 Approvals utilities regulations to conform to recent these utilities could locate their laws, regulations, or guidance, and to Paragraph (d) would be amended to facilities on private property adjacent to clarify existing policies. It is anticipated remove all references to the approval of the restricted right-of-way with that the economic impact of this longitudinal installations of private rulemaking will be minimal because the substantially the same impact on the lines. In § 645.203, it is indicated that proposed amendments would only highway and its user. The issue of private lines installed longitudinally on simplify or clarify procedures presently adequate accommodation of utilities is a highway right-of-way are to be approved being used by STDs and utilities. legitimate consideration in the under the provisions of § 1.23(c) which Therefore, a full regulatory evaluation is development of highway projects. This cover the use of highway right-of-way, not required. is particularly true of land service including air space, for non-highway facilities where the highway user and purposes. This provision in § 645.203 Regulatory Flexibility Act utility consumer tend to be one and the was intended to exclude longitudinal In compliance with the Regulatory same. private line installations from coverage Flexibility Act (5 U.S.C. 601–612), the A corresponding issue then becomes under the utility regulations. It was not FHWA has evaluated the effects of this who pays for right-of-way acquired to originally intended, however, for rule on small entities. Based on the accommodate utilities, the STD or the longitudinal private lines to be handled evaluation, the FHWA certifies that this utilities. This is a matter to be under the FHWA’s air space provisions, action will not have a significant determined by the affected parties. No but since that time, air space has come economic impact on a substantial matter who ends up paying for the right- to be defined to include everything over, number of small entities. This is of-way, it is normally desirable for the under, and on the right-of-way, and it because the proposed amendments STD to approach a property owner for has become common practice to include would only clarify or simplify the purpose of acquiring all the right-of- longitudinal private lines in this procedures used by STDs and utilities way needed for both the highway and category. Not knowing that this would in accordance with existing laws, the utilities. The STD may later sell, happen when § 645.203 was written, regulations, or guidance. lease, or somehow convey a portion of another reference was made to the right-of-way to the utilities for their longitudinal private lines in National Environmental Policy Act use. At any rate, the property owner is § 645.215(d)(2) relative to approvals. The FHWA has also analyzed this only inconvenienced once. Should the This reference is no longer applicable proposed action for the purpose of the STD decide to acquire right-of-way for and conflicts with existing requirements National Environmental Policy Act (42 utilities and retain possession, Federal- for handling air space items; therefore, U.S.C. 4321 et seq.), and anticipates this aid highway funds may be eligible to it would be removed from the utility action would not have any effect on the participate in the acquisition costs of regulations. quality of the human and natural the needed right-of-way. Utility use of Rulemaking Analyses and Notices environment. highway right-of-way is not considered Executive Order 13132 (Federalism to be a use for a highway purpose. All comments received before the Assessment) Therefore, Federal-aid highway funds close of business on the comment are, theoretically, not eligible to closing date indicated above will be This proposed action has been participate in right-of-way acquired considered and will be available for analyzed in accordance with the solely for the purpose of examination using the docket number principles and criteria contained in accommodating utility facilities in appearing at the top of this document in Executive Order 13132, dated August 4, excess of that normally acquired in the docket room at the above address or 1999, and it has been determined this accordance with standard criteria and via the electronic addresses provided action does not have a substantial direct procedures. Even so, when a State or above. The FHWA will file comments effect or sufficient Federalism locality routinely dedicates or permits a received in the docket and will consider implications on States that would limit portion of the road and street right-of- late comments to the extent practicable. the policymaking discretion of the way for use by utilities in accordance The FHWA may, however, issue a final States. Nothing in this document with established standard criteria rule at any time after the close of the directly preempts any State law or pursuant to State law, ordinance, or comment period. In addition to late regulation. This proposed rule would administrative practice, such right-of- comments, the FHWA will also merely reduce the level of Federal way may be considered eligible for continue to file in the docket relevant approval actions by placing greater Federal-aid reimbursement as an information becoming available after the responsibility at the State or local level. integral part of the project right-of-way. comment closing date, and interested Throughout the proposed regulation

VerDate 272000 15:51 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM pfrm06 PsN: 09FEP1 6348 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules there is an effort to keep administrative Reform, to minimize litigation, Old reference New reference burdens to a minimum. eliminate ambiguity, and reduce burden. State highway agency State transportation Executive Order 12372 department (Intergovernmental Review) Executive Order 13045 (Protection of State highway agen- State transportation Catalog of Federal Domestic Children) cies. departments Assistance Program Number 20.205, We have analyzed this action under HA ...... TD SHA ...... STD Highway Planning and Construction. Executive Order 13045, Protection of The regulations implementing Executive Children from Environmental Health 3. Revise § 645.101 to read as follows: Order 12372 regarding Risks and Safety Risks. This proposed intergovernmental consultation on rule is not an economically significant § 645.101 Purpose. Federal programs and activities apply to rule and does not concern an The purpose of this subpart is to this program. environmental risk to health or safety prescribe policies, procedures, and that may disproportionately affect Unfunded Mandates Reform Act of reimbursement provisions for the children. 1995 adjustment and relocation of utilities on Federal-aid and direct Federal highway This proposed rule does not impose a Executive Order 12630 (Taking of projects. Federal mandate resulting in the Private Property) 4. Amend § 645.105 by removing the expenditure by State, local, and tribal This proposed rule will not effect a paragraph designations from all governments, in the aggregate, or by the taking of private property or otherwise definitions; by placing all definitions in private sector, of $100 million or more have taking implications under alphabetical order; by adding the in any one year (2 U.S.C. 1531 et seq.). Executive Order 12630, Governmental definition ‘‘adjustment’; and by revising Paperwork Reduction Act Actions and Interference with the definition ‘‘relocation’’ to read as Constitutionally Protected Property follows: Under the Paperwork Reduction Act Rights. of 1995 (PRA) (44 U.S.C. 3501, et seq.), § 645.105 Definitions. Federal agencies must determine Regulation Identification Number * * * * * whether requirements contained in A regulation identification number Adjustment—the adjustment of utility proposed rulemakings are subject to the (RIN) is assigned to each regulatory facilities required by the highway information collection provisions of the action listed in the Unified Agenda of project. It includes moving, rearranging, PRA. The FHWA has determined that Federal Regulations. The Regulatory or changing the type of existing facilities this proposed action would not Information Service Center publishes at the existing location, and taking any constitute an information collection the Unified Agenda in April and necessary safety and protective within the scope or meaning of the PRA. October of each year. The RIN contained measures. It also means constructing a Implementation of this proposal would in the heading of this document can be replacement facility in place that is both impose no burden on the States and used to cross reference this action with functionally equivalent to the existing private entities because it merely the Unified Agenda. facility and necessary for continuous provides clarification and more operation of the utility service, the flexibility to STDs in implementing the List of Subjects in 23 CFR Part 645 project economy, or sequence of FHWA’s utilities regulations contained Grant Programs—transportation, highway construction. in 23 CFR 645. As a result, no additional Highways and roads, Utilities— information collection burdens will be relocations. * * * * * imposed on the States, the local In consideration of the foregoing, the Relocation—the relocation of utility governments, or the private sector. FHWA proposes to amend title 23, Code facilities required by the highway At present, the FHWA sponsors four of Federal Regulations, by revising part project. It includes removing and information collections that are related 645, subparts A and B to read as set reinstalling the facility at a new to public utilities requirements. Each of forth below. location, including necessary temporary these collections is currently cleared by facilities, acquiring necessary right-of- Issued on: January 28, 2000. the Office of Management and Budget way on the new location, moving, (OMB). These FHWA collections are Kenneth R. Wykle, rearranging or changing the type of entitled as follows: (1) Develop and Administrator. existing facilities, and taking any Submit Utility Accommodation Policies, necessary safety and protective PART 645Ð[REVISED] OMB Control No. 2125–0514; (2) measures. It also means constructing a Eligibility Statement for Utility 1. The authority citation for part 645 replacement facility that is both Adjustments, OMB Control No. 2125– continues to read as follows: functionally equivalent to the existing 0515; (3) Developing and Recording facility and necessary for continuous Authority: 23 U.S.C. 101, 109, 111, 116, operation of the utility service, the Costs for Utility Adjustments, OMB 123, and 315; 23 CFR 1.23 and 1.27; 49 CFR Control No. 2125–0519; and (4) Utility 1.48(b); and E.O. 11990, 42 FR 26961 (May project economy, or sequence of Use and Occupancy Agreements, OMB 24, 1977). highway construction. Control No. 2125–0522. The currently * * * * * 2. In part 645, revise all references in approved burden hours for these 5. Revise § 645.113(f) to read as the left column wherever they appear to collections would not be affected by this follows: read as shown in the right column: proposal. § 645.113 Agreements and authorizations. Old reference New reference Executive Order 12988 (Civil Justice * * * * * Reform) Highway agency ...... Transportation de- (f) When proposed utility adjustment This action meets applicable partment or relocation work on a project for a standards in sections 3(a) and 3(b)(2) of Highway agencies ..... Transportation de- specific utility company can be clearly Executive Order 12988, Civil Justice partments defined and the cost can be accurately

VerDate 272000 14:19 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM pfrm01 PsN: 09FEP1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules 6349 estimated, the FHWA may approve an in lieu of actual, average, or unit costs lines’’ by revising the definition heading agreement between the TD and the for handling. ‘‘utility facility’’ to read ‘‘utility’’ and by utility company for a lump-sum * * * * * placing all definitions in alphabetical payment without later confirmation by (i) Billings. * * * order to read as follows: audit of actual costs. (2) The utility shall provide one final § 645.207 Definitions. * * * * * and complete billing of all costs incurred, or of the agreed-to lump-sum, * * * * * 6. Revise § 645.117(c)(1), (e)(4), and Clear zone—the total roadside border (i)(2) to read as follows: within one year following completion of the utility relocation work, otherwise area starting at the edge of the traveled § 645.117 Cost development and previous payments to the utility may be way, available for safe use by errant reimbursement. considered final, except as agreed to vehicles. This area may consist of a * * * * * between the STD and the utility. shoulder, a recoverable slope, a non- recoverable slope, and/or the area at the (c) Labor surcharges. (1) Labor Billings received from utilities more than one year following completion of toe of a non-recoverable slope available surcharges include worker for safe use by an errant vehicle. The compensation insurance, public liability the utility relocation work may be paid if the STD so desires, and Federal-aid desired width is dependent upon the and property damage insurance, and traffic volumes and speeds, and on the such fringe benefits as the utility has highway funds may participate in these payments. roadside geometry. The current edition established for the benefit of its of the AASHTO ‘‘Roadside Design * * * * * employees. The cost of labor surcharges Guide’’ should be used as a guide for will be reimbursed at actual cost to the 7. Revise the introductory paragraph in § 645.119(c) to read as follows: establishing clear zones for various utility, or, at the option of the utility, types of highways and operating average rates or unit costs which are § 645.119 Alternate procedure. conditions. It is available for inspection representative of actual costs may be and copying from the FHWA used in lieu of actual costs if approved * * * * * (c) To adopt the alternate procedure, Washington Headquarters and all by the STD and the FHWA. Prior FHWA the STD must file a formal application FHWA Division Offices as prescribed in approval of the methodology to be used for approval by the FHWA. The 49 CFR part 7. Copies of current in developing average rates or unit costs application must include the following: AASHTO publications are available for and periodic STD reviews may provide purchase from the American all the oversight that is necessary to * * * * * 8. Revise § 645.201 to read as follows: Association of State Highway and satisfy the intent of the regulations in Transportation Officials, Suite 225, 444 this subpart. These average rates or unit § 645.201 Purpose. North Capitol Street, NW., Washington, costs should be adjusted at least once The purpose of this subpart is to DC 20001.). annually, or as otherwise deemed prescribe policies and procedures for * * * * * appropriate by the STD and the FHWA, accommodating utilities and private Private lines—privately-owned to take into account known anticipated lines on the right-of-way of Federal-aid facilities which convey or transmit the changes and correction for any over or and direct Federal highway projects. commodities outlined in the definition under applied costs for the preceding 9. Amend § 645.203 in paragraph (c) of ‘‘utility’’ of this section, but are period. by removing the last word ‘‘and’’; in devoted exclusively to private use. * * * * * paragraph (d) by replacing the last * * * * * (e) Material and supply costs. *** period with ‘‘, and’’; and by adding 12. In § 645.209, revise paragraphs (d) (4) The actual and direct costs of paragraph (e) to read as follows: and (j); and add paragraphs (m) and (n) handling and loading materials and § 645.203 Applicability. to read as follows: supplies at company stores or material * * * * * yards, and of unloading and handling § 645.209 General requirements. (e) Facilities similar to utilities (i.e., * * * * * recovered materials accepted by the facilities, such as wireless utility at its stores or material yards are (d) Uniform policies and procedures. telecommunications towers, that are For a highway agency to fulfill its reimbursable. In lieu of actual costs, included in the definition of ‘‘utility’’ in average rates or unit costs which are responsibilities to control utility use of this subpart and are considered to be highway right-of-way on Federal-aid representative of actual costs may be utilities by many, but not all, of the used if approved by the STD and the highway projects within the State and States). its political subdivisions, it must FHWA. Prior FHWA approval of the 10. Amend § 645.205 by adding exercise or cause to be exercised, methodology to be used in developing paragraph (e) to read as follows: average rates or unit costs and periodic adequate regulation over such use and STD reviews may provide all the § 645.205 Policy. occupancy through the establishment oversight that is necessary to satisfy the * * * * * and enforcement of reasonably uniform intent of the regulations in this subpart. (e) States may charge a fee for utility policies and procedures for utility These average rates or unit costs should use of highway rights-of-way on accommodation. be adjusted at least once annually, or as Federal-aid highway projects. When this * * * * * otherwise deemed appropriate, to take is done, the Federal share of net income (j) Traffic control plan. Whenever a into account known anticipated changes from the revenues obtained should be utility installation, adjustment or and correction for any over or under used by the State for projects eligible maintenance activity will affect the applied costs for the preceding period. under title 23, United States Code. movement of traffic or traffic safety, the At the option of the utility, five percent Disposition of income received shall be utility shall implement a traffic control of the amounts billed for the materials the STD’s responsibility and credit to plan and utilize traffic control devices and supplies issued from company Federal funds is not required. as necessary to ensure the safe and stores and material yards or the value of 11. Amend § 645.207 by revising the expeditious movement of traffic around recovered materials will be reimbursed definitions ‘‘clear zone’’ and ‘‘private the work site and the safety of the utility

VerDate 272000 14:19 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM pfrm01 PsN: 09FEP1 6350 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules work force in accordance with North Capitol Street, NW., Washington, ADDRESSES: The public meeting will be procedures established by the DC 20001.). At a minimum, such held at the Bachelors Officers’ Quarters transportation department. The traffic policies shall make adequate provisions (B.O.Q.) conference room at the Coast control plan and the application of with respect to the following: Guard Yard, Building 28A, 2401 traffic control devices shall conform to * * * * * Hawkins Point Road, Baltimore, MD the standards set forth in the current 14. Revise § 645.215(d) to read as 21226–1791. edition of the ‘‘Manual on Uniform follows: Because of heightened security Traffic Control Devices’’ (MUTCD) and considerations on Federal installations, 23 CFR part 630, subpart J. (This § 645.215 Approvals. we will require photo identification (a publication is incorporated by reference * * * * * driver’s license, merchant mariner’s and is on file at the Office of the Federal (d) When a utility files a notice or document, or State identification) for Register in Washington, DC. It is makes an individual application or admittance to the Coast Guard Yard. available for inspection and copying request to a STD to use or occupy the Please register in advance of the meeting from the FHWA Washington right-of-way of a Federal-aid highway with Mr. Timothy Farley, Office of Headquarters and all FHWA Division project, the STD is not required to Investigations and Analysis (G–MOA), Offices as prescribed in 49 CFR part 7.). submit the matter to the FHWA for prior Coast Guard, phone 202–267–1414, e- * * * * * concurrence, except when the proposed mail [email protected]. For (m) Utility determination. In installation is not in accordance with security and organizational purposes, determining whether a proposed this subpart or with the STD’s utility we want to know your name and installation is a ‘‘utility’’ or not, the accommodation policy approved by the whether you intend to speak at the most important consideration is how the FHWA for use on Federal-aid highway meeting. The resulting list will assist STD views a particular facility under its projects. security guards at the gate and provide own State law and/or regulations. * * * * * the order of speakers at the meeting. (n) Right-of-way considerations. When [FR Doc. 00–2674 Filed 2–8–00; 8:45 am] Individuals who do not call in advance an STD intends to permit utilities to use BILLING CODE 4910±22±P may be required to sign in at the gate. and occupy the right-of-way on a Vehicles and possessions are subject to Federal-aid highway project, such search pursuant to Title 41 of the Code potential use should be a consideration DEPARTMENT OF TRANSPORTATION of Federal Regulations, part 101–20. in determining the extent and adequacy To make sure your comments and of the right-of-way needed for the Coast Guard related material are not entered more project. When acquiring highway right- than once in the docket, please submit of-way, the STD in consultation with 46 CFR Part 15 them by only one of the following the utilities should consider acquiring means: [USCG 1999±6097] sufficient right-of-way to accommodate (1) By mail to the Docket Management utility needs. This will minimize Federal Pilotage for Foreign-Trade Facility (USCG 1999–6097), U.S. inconvenience to property owners. The Vessels in Maryland Department of Transportation, room PL– STD may retain possession of the 401, 400 Seventh Street SW., acquired right-of-way, or may sell, lease, AGENCY: Coast Guard, DOT. Washington, DC 20590–0001. or convey it to the utilities. When an ACTION: Notice of public meeting and (2) By delivery to room PL–401 on the STD acquires and retains right-of-way extension of comment period. Plaza level of the Nassif Building, 400 on a Federal-aid highway project for use Seventh Street SW., Washington, DC, by utilities in accordance with SUMMARY: The Coast Guard is holding a between 9 a.m. and 5 p.m., Monday established standard criteria pursuant to public meeting to solicit comments on through Friday, except Federal holidays. State law, ordinance, or administrative a proposed change to the licensing The telephone number is 202–366– practice, such right-of-way may be requirements for pilots of vessels 9329. considered eligible for Federal-aid engaged in foreign trade, under way on (3) By fax to the Docket Management reimbursement as an integral part of the the navigable waterways within the Facility at 202–493–2251. project right-of-way. State of Maryland. We have proposed to (4) Electronically through the Web 13. Amend § 645.211 by revising the require that such vessels be under the Site for the Docket Management System introductory paragraph to read as direction and control of Federally- at http://dms.dot.gov. follows: licensed pilots when not under the The Docket Management Facility § 645.211 State transportation department direction and control of State-licensed maintains the public docket for this accommodation policies. pilots. Because of substantial interest, notice. Comments and material received The FHWA should use the current we have scheduled a public meeting on from the public will become part of this editions of the AASHTO publications, March 1, 2000, regarding the proposed docket and will be available for ‘‘A Guide for Accommodating Utilities rule, and we have extended the public inspection or copying at room PL–401 Within Highway Right-of-Way’’ and comment period until April 1, 2000. We on the Plaza level of the Nassif Building, ‘‘Roadside Design Guide’’ to assist in the encourage you to provide oral and 400 Seventh Street SW., Washington, evaluation of adequacy of STD utility written comments about the proposed DC, between 9 a.m. and 5 p.m., Monday accommodation policies. They are change. through Friday, except Federal holidays. available for inspection from the FHWA DATES: The public meeting is scheduled You may also find this docket on the Washington Headquarters and all for Wednesday, March 1, 2000, from 7 Internet at http://dms.dot.gov. FHWA Division Offices as prescribed in p.m. to 10 p.m. The meeting will FOR FURTHER INFORMATION CONTACT: For 49 CFR part 7. Copies of current convene at 7 p.m.; however, it may questions on this proposed rule, contact AASHTO publications are available for conclude before 10 p.m. if we finish Mr. Timothy Farley, Office of purchase from the American early. Comments and related material Investigations and Analysis (G-MOA), Association of State Highway and must reach the Docket Management Coast Guard, telephone 202–267–1414, Transportation Officials, Suite 225, 444 Facility on or before April 1, 2000. e-mail [email protected]; or you

VerDate 272000 14:19 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM pfrm01 PsN: 09FEP1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules 6351 may contact Lieutenant Michael Dreier, Maryland carrying various types of Dated: February 2, 2000. Office of Standards, Evaluation and freight, oil, and hazardous substances Joseph J. Angelo, Development (G–MSR), Coast Guard, and materials, as well as large quantities Acting Assistant Commandant for Marine telephone 202–267–6490, e-mail of bunkers. Under Maryland law Safety and Environmental Protection. [email protected]. For questions [General Statutes of Maryland, § 11– [FR Doc. 00–2894 Filed 2–8–00; 8:45 am] on viewing or submitting material to the 501], every vessel (foreign or domestic) BILLING CODE 4910±15±P docket, call Dorothy Walker, Chief, sailing under register must use a State- Dockets, Department of Transportation licensed pilot if it is under the control at 202–366–9329. of a docking master while maneuvering DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: with tug assistance during berthing or National Oceanic and Atmospheric Request for Comments unberthing, or shifting within a port. Maryland does not license, establish Administration We encourage you to participate in qualifications for, or regulate the this rulemaking by submitting competency of docking masters. 50 CFR Part 660 comments and related material. If you Although all docking masters now do so, please include your name and [I.D. 012400C] operating in the Port of Baltimore address, identify the docket number for already hold valid Federal pilots’ Western Pacific Fishery Management this rulemaking (USCG 1999–6097), Council; Notice of Intent; Public indicate the specific section of this licenses (or pilotage endorsements on Scoping Meetings document to which each comment Federal licenses), holding these is voluntary and is as yet neither a State applies, and give the reason for each AGENCY: National Marine Fisheries nor a Federal requirement. Anyone may comment. You may submit your Service (NMFS), National Oceanic and serve as a docking master, and, by law, comments and material by mail, Atmospheric Administration (NOAA), no one needs to demonstrate proficiency delivery, fax, or electronic means to the Commerce. or competency to do so. Docket Management Facility at the ACTION: Notice of intent to prepare an address under ADDRESSES but please We have determined that it is unsafe EIS; notice of intent to prepare submit your comments and material by for certain vessels to undertake intra- amendments; public scoping sessions; only one means. If you submit them by port transits, or otherwise navigate in request for comments. mail or delivery, submit them in an the waters of the State of Maryland, unbound format, no larger than 81⁄2 by except when under the direction and SUMMARY: The Western Pacific Fishery 11 inches, suitable for copying and control of pilots accountable to the State Management Council (Council) electronic filing. If you submit them by or the Coast Guard. Operating these announces its intention to prepare an mail and would like to know they vessels with docking masters who are environmental impact statement (EIS) reached the facility, please enclose a either not licensed (or endorsed) as on the Federal management of precious self-addressed, stamped postcard or Federal or State pilots or not operating corals in the Western Pacific Region. envelope. We will consider all under the authority of pilots’ licenses The scope of the EIS analysis will comments and material received during presents an unacceptable risk to human include all activities related to the the comment period. We may change life, property, and the environment. conduct of the fisheries and will this proposed rule in view of the examine the impacts of precious coral To ensure accountability, the Coast comments. harvest on, among other things, Guard proposed changes to its licensing protected species. The Council will hold Information on Services for Individuals regulations in a notice of proposed With Disabilities public scoping meetings and accept rulemaking entitled, ‘‘Federal Pilotage written comments to provide for public For information on facilities or for Foreign-Trade Vessels in Maryland’’ input into the range of actions, services for individuals with [October 21, 1999 (64 FR 56720)]. These alternatives, and impacts that the EIS disabilities, or to request special changes would require persons should consider. assistance at the meeting, contact Mr. providing pilotage to operate under the The Council also announces its Timothy Farley, phone 202–267–1414, authority of either a valid State or a intention to develop amendments to the e-mail [email protected], as soon valid Federal pilot’s license. The Fishery Management Plan (FMP) for as possible. proposed rule would add a new section Bottomfish and Seamount Groundfish Background and Purpose to Subpart I of 46 CFR part 15 to require Fisheries of the Western Pacific Region, that a foreign-trade vessel be under the the FMP for Crustacean Fisheries of the Under 46 U.S.C. 8503(a) the Secretary direction and control of a Federally- Western Pacific Region, and the FMP for of Transportation may require a licensed pilot when operating in Precious Coral Fisheries of the Western Federally-licensed pilot to be aboard a designated waters of Baltimore Harbor Pacific Region. The Council will hold self-propelled vessel engaged in foreign from the Key Bridge to moor, except meetings to give the public an trade and operating on the navigable when under the direction and control of opportunity to consider management waters of the United States when State a State-licensed pilot operating under alternatives and provide comments on law does not require a pilot. 46 U.S.C. the authority of his or her State license. these amendments. 8503(b) provides the Coast Guard the authority to require Federally-licensed The rule would ensure that vessels are DATES: Written comments on the intent pilots on vessels engaged in foreign navigated by competent, qualified to prepare an EIS will be accepted on or trade. This authority terminates when persons, knowledgeable in the local area before March 15, 2000. Public scoping the State having jurisdiction establishes and accountable to either the State or meeting will be held between February a superseding requirement for a State the Coast Guard. It would also promote 16 and March 1, 2000. See pilot and notifies the Coast Guard of navigational safety by increasing the SUPPLEMENTARY INFORMATION for specific that fact. level of accountability and reducing the dates, times and locations. Commercial vessels transit the risk of marine casualties in the waters ADDRESSES: Written comments on navigable waters of the State of of Maryland. suggested alternatives and potential

VerDate 272000 14:19 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM pfrm01 PsN: 09FEP1 6352 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Proposed Rules impacts should be sent to Kitty will be assessed for impacts on essential vessel monitoring systems; observer Simonds, Executive Director, Western fish habitat, target and non-target program; closed season; closed areas; Pacific Regional Fishery Management species of fish, discarded fish, marine gear restrictions; size limits; catch Council, 1164 Bishop St., Suite 1400, mammals (Hawaiian monk seals and quotas; and prohibitions on the use of Honolulu, HI 96813, and to Dr. Charles cetaceans), and other protected species destructive fishing techniques, Karnella, Administrator, National present in the western Pacific including the use of explosives, poisons, Marine Fisheries Service, Pacific Islands ecosystem. In addition, the bottomset gill-nets, bottom trawls, and Area Office, 2570 Dole St., Honolulu, HI environmental consequences section tangle nets. 96822. Copies of the documents for the will contain an analysis of socio- Dates, Times, and Locations of the precious corals EIS are available from economic impacts of the fishery on the Scoping Meetings the Council office. Public scoping following groups of individuals: (1) meetings will be held in Hawaii and the Those who participate in harvesting the The public scoping meetings will be Commonwealth of the Mariana Islands fishery resources and other living held on: (CNMI). See SUPPLEMENTARY marine resources; (2) those who process Wednesday, February 16, 2000, from INFORMATION for specific scoping and market the fish and fish products; 6:30–8:30 p.m., Joeten-Kiyu Public meeting locations and for special (3) those who are involved in allied Library Conference Room, Saipan, accommodations. support industries; (4) those who CNMI. Phone the Division of Fish and consume fish products; (5) those who FOR FURTHER INFORMATION CONTACT: Wildlife Resources, 670–322–9834, for rely on living marine resources in the information; Kitty M. Simonds, Executive Director, management area, either for subsistence Thursday, February 24, 2000, from Western Pacific Fishery Management needs or for recreational benefits; (6) 8:30 a.m–12:00 p.m., 73rd Scientific and Council, 808–522–8220. those who benefit from non- Statistical Committee meeting, Council SUPPLEMENTARY INFORMATION: Scoping consumptive uses of living marine meetings for the precious corals EIS will resources; (7) those involved in Office Conference Room, Honolulu, HI. be held at the locations listed here. A managing and monitoring fisheries; and Phone the Council Office, 808–522– summary of the current Federal (8) fishing communities. 8220, for information; and management system for precious corals The Council is evaluating the need to Thursday, March 1, 2000, Hibiscus in the western Pacific region will be amend the bottomfish, crustacean and Ballroom, Ala Moana Hotel, Honolulu, reviewed during a public scoping precious corals FMPs to better achieve HI. Phone the Council Office, 808–522– hearing. A principal objective of the the management objectives of these 8220, for information. scoping and public input process is to FMPs. Currently, no Federal regulations These meetings will be advertised in identify a reasonable set of management are in place to manage the bottomfish, the local newspapers. alternatives that, with adequate crustacean and precious coral fishery Special Accommodations analysis, will sharply define critical resources in the EEZ waters surrounding issues and provide a clear basis for the CNMI. There are also no Federal These meetings are physically choice among the alternatives. The regulations for the bottomfish and accessible to people with disabilities. intent of the EIS is to present an overall crustacean fisheries for the EEZ waters Requests for sign language picture of the environmental effects of surrounding the Pacific Remote Island interpretation or other auxiliary aids fishing as conducted under the FMPs. Areas (PRIAs). The amendments will should be directed to Kitty M. Simonds, The EIS will include a range of consider a wide range of management 808–522–20 (voice) or 808–522–8226 reasonable management alternatives and alternatives to address data shortfalls (fax), at least 5 days prior to the meeting an analysis of their impacts in order to and possible impacts from the date. define issues and provide a clear basis bottomfish, crustacean, and precious Authority: 16 U.S.C. 1801 et seq. for public comments and for choices coral fisheries in the PRIAs and the among options by the Council. CNMI. The Council seeks to solicit Dated: February 3, 2000. The EIS will discuss the impacts of public comment and input on a wide Bruce C. Morehead, potential precious coral harvest on the range of management alternatives Acting Director, Office of Sustainable human environment and consider a including, but not limited to, the Fisheries, National Marine Fisheries Service. range of representative alternative following: Federal permit and data [FR Doc. 00–2933 Filed 2–8–00; 8:45 am] management regulations. Alternatives reporting requirements; limited access; BILLING CODE 3510±22±F

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Notices Federal Register Vol. 65, No. 27

Wednesday, February 9, 2000

This section of the FEDERAL REGISTER column, the SUMMARY and DATES Tucker County, West Virginia. These contains documents other than rules or sections are corrected to read: proposed research activities are in proposed rules that are applicable to the ‘‘SUMMARY: Notice is hereby given compliance with the Monongahela public. Notices of hearings and investigations, that the Federal-State Marketing National Forest Management Plan, committee meetings, agency decisions and which provides overall guidance for rulings, delegations of authority, filing of Improvement Program (FSMIP) was petitions and applications and agency allocated $1,200,000 in the Federal management of the area, including statements of organization and functions are budget for FY 2000. Funds remain direction for management of the Fernow examples of documents appearing in this available for this program. States Experimental Forest. Public comment is section. interested in obtaining funds under this invited on the scope of the analysis that program are invited to submit proposals. should be conducted and on the While only State Departments of identification of alternatives. DEPARTMENT OF AGRICULTURE Agriculture or other appropriate State DATES: Comments must be submitted in Agencies are eligible to apply for funds, writing and received by March 27, 2000. Agricultural Marketing Service State Agencies are encouraged to ADDRESSES: Written comments [TM±00±200] involve industry groups and concerning the scope of the proposed community-based organizations in the research activities should be directed to Notice of Program Continuation; development of proposals and the Dr. Mary Beth Adams, Project Leader Correction conduct of projects.’’ and and Responsible Official, Timber and ‘‘DATES: Funds will be allocated on the Watershed Laboratory, P.O. Box 404, AGENCY: Agricultural Marketing Service, basis of two rounds of consideration. Parsons, WV 26287. USDA. Proposals received by February 18, 2000 Comments also may be submitted via ACTION: Notice; correction. will be considered during the first facsimile to (304) 478–8692 or by e-mail round. Proposals which are not selected to madams/[email protected]. SUMMARY: The Agricultural Marketing for funding during the first round and Comments received in response to this Service (AMS) is correcting a notice that other proposals received by May 1, 2000 notice, including name and address appeared in the Federal Register on will be considered during the second when provided, will be considered part January 12, 2000. The notice announces round.’’ of the public record and will be that the Federal-State Marketing available for public inspection. Improvement Program (FSMIP) was Dated: February 3, 2000. Eileen Stommes, The public may inspect comments allocated $1,200,000 in the Federal received at the Office of the Project budget for Fiscal Year 2000; however, Deputy Administrator, Transportation and Marketing. Leader, Timber and Watershed pertinent information in the SUMMARY Laboratory, Nursery Bottom, Parsons, [FR Doc. 00–2977 Filed 2–8–00; 8:45 am] and DATES sections of the notice was West Virginia. omitted. BILLING CODE 3410±02±M FOR FURTHER INFORMATION CONTACT: Dr. FOR FURTHER INFORMATION CONTACT: Mary Beth Adams, Project Leader, FSMIP Staff, Transportation and DEPARTMENT OF AGRICULTURE Timber and Watershed Laboratory, at Marketing, Agricultural Marketing (304) 478–2000, ext. 130. Service, U.S. Department of Agriculture, Forest Service SUPPLEMENTARY INFORMATION: Room 4006 South Building, P.O. Box 96456, Washington, D.C. 20090–6456. Intent To Prepare an Environmental Background SUPPLEMENTARY INFORMATION: Impact Statement; Fernow The charter of the Fernow Experimental Forest, Tucker County, Experimental Forest is to facilitate Background WV ecological research on the central AMS published a notice that appeared AGENCY: Forest Service, USDA. Appalachian forests. The 4700-acre Fernow Experimental Forest (the Forest) in the January 12, 2000 Federal Register ACTION: Notice. at 65 FR 1846. The notice announced is situated inside the parameters of the that the FSMIP was allocated $1,200, SUMMARY: The Forest Service intends to Monongahela National Forest and is 000 in the Federal budget for fiscal year prepare an environmental impact located south of Parsons, West Virginia. 2000. Pertinent information in the statement (EIS) for proposed research The Forest is administered by the Forest SUMMARY and DATES sections of the activities on the Fernow Experimental Service Northeastern Research Station, notice was omitted. In the SUMMARY, a Forest. The purpose of the proposed Research Work Unit NE–4353, reference to community-based research is to evaluate the effectiveness ‘‘Sustainable Forest Ecosystems in the organizations was omitted. In the DATES of silvicultural tools that include cutting Central Appalachians.’’ The Research section, reference to a two-round and prescribed burning on central Work Unit is located at the Timber and consideration of proposals was not Appalachian forests. The goal of the Watershed Laboratory in Parsons, West made. Accordingly, this document proposed research is to improve Virginia. The mission of this research makes the appropriate corrections to understanding about and management unit is: (1) To explain the role of natural those sections of the notice. of central Appalachian hardwood and human-induced factors in forests. sustaining central Appalachian forest Correction The 4700-acre Fernow Experimental ecosystems and (2) to provide In FR Doc. 00–714, published on Forest is situated inside the parameters guidelines for managing central January 12, 2000, on page 1846, first of the Monongahela National Forest in Appalachian forests for a range of

VerDate 272000 17:14 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6354 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices products and benefits while maintaining have received training in the use of National Environmental Policy Act at 40 the productivity and diversity of the prescribed fire and in fire suppression. CFR 1503.3 in addressing these points. soil, water, and forest resources. The At this early stage, the Forest Service Comments Are Requested goal of the proposed research activities believes it is important to give reviewers is to improve understanding about and The Forest Service is soliciting notice of several court rulings related to management of central Appalachian comments from Federal, State, and local public participation in the hardwood forests. agencies and other individuals or environmental review process. First, The Forest Service proposes to organizations that may be interested in reviewers of a draft EIS must structure continue some research activities begun or affected by the proposed research their participation in the environmental in the 1950s and to initiate some new activities in: review of the proposal so that it is research activities in the year 2000. • Identifying potential issues; meaningful and alerts an agency to the These actions are consistent with the • Identifying issues to be analyzed in reviewer’s position and contentions Research Work Unit Description; depth; (Vermont Yankee Nuclear Power Corp. • individual Study Plans; the Eliminating insignificant issues or v. NRDC, 435 U.S. 519, 553 (1978)). Monongahela National Forest Land and those which have been covered by a Also, environmental objections that Resource Management Plan, relevant previous environmental could be raised at the draft EIS stage but Management Prescription 8, page 202, analysis; that are not raised until after completion • Vegetation; and the General Plan for the Identifying potential environmental of the final EIS may be waived or Fernow Experimental Forest. effects of the proposed activities; • dismissed by the courts. (City of Angoon The purpose of the research initiated Identifying and exploring v. Hodel 803 f. 2d 1016, 1022 (9th Cir. in the 1950s was to study the effects of alternatives to the proposed research 1986) and Wisconsin Heritage, Inc. v. various silvicultural practices on forest activities; and • Harris, 490F. Suppl. 1334, 1338 (E.D. productivity, species composition and Determining potential cooperating Wis. 1980)). Because of these court diversity, wildlife populations, and agencies and task assignments. rulings, it is very important that those The following issues already have ecosystem processes. This research interested in this proposed action been identified: continues and involves the application participate by the close of the comment • Potential impacts to Threatened, of experimental treatments, including period so that substantive comments diameter-limiting cutting on 186 acres, Endangered or Sensitive Species; • and objections are made available to the single-tree selection on 229.6 acres, a Potential impacts on Biodiversity, including concerns about fragmentation Forest Service at a time when it can financial maturity harvesting method meaningfully consider them and based on projected rates of return on of interior habitat, and loss of old growth habitat; respond to them in the final EIS. investment on 343.4 acres, and small The final EIS will be completed in • Sediment impacts on streams from clearcuts on 26 acres. June 2000. In the final EIS, the Forest The proposed new research activities roads, skid trails, and log landings. Comments received will be Service will respond to comments would involve application of received in response to the silvicultural treatments to stands of considered in preparation of the draft EIS. The draft EIS is expected to be filed environmental consequences discussed trees as part of an ongoing research in the draft EIS and applicable laws, experiment. The silvicultural treatments with the Environmental Protection Agency (EPA) and to be available for regulations, and policies considered in involve cutting individual trees, making the decision regarding this according to the silvicultural public review in March 2000. EPA will publish a notice of availability of the proposal. The responsible official will prescription, and removing the stems document the decision and the rationale from the stand. Branches and tree tops Draft EIS in the Federal Register. The for that decision in the Record of remain in the stand. Rubber-tired comment period on the draft will be 45 Decision. That decision will be subject skidders and cable logging systems will days from the date the EPA notice to Forest Service Administrative Appeal be used to remove the trees. Existing appears in the Federal Register. Copies Regulations at 36 CFR part 215. skid trails and roads will be utilized. No of the draft EIS will be distributed to new permanent roads will be interested and affected agencies, Dated: January 28, 2000. constructed. After completion of organizations, tribes, and members of Randle G. Phillips, silvicultural treatments, roads and decks the public for their review and Deputy Chief, Programs and Legislation. used in the logging process will be comment. It is very important that those [FR Doc. 00–2748 Filed 2–8–00; 8:45 am] closed. interested in the management of the BILLING CODE 3410±11±P One of the purposes of the proposed Fernow Experimental Forest comment new research activities is to evaluate the at that time. effectiveness of prescribed burning as a To assist the Forest Service in DEPARTMENT OF AGRICULTURE silvicultural and ecological tool on the identifying and considering issues and central Appalachian forests. An area of concerns on the proposed action, Forest Service 119 acres will be treated with prescribed comments on the draft environmental fire. Research activities that include impact statement should be as specific John Day/Snake Resource Advisory prescribed fires will be conducted as possible. It is also helpful if Council, Hells Canyon Subgroup according to State regulations comments refer to specific pages or AGENCY: Forest Service, USDA. administered by the West Virginia chapters of the draft statement. ACTION: Notice of meeting. Division of Forestry. A slow-moving fire Comments may also address the (1–5 ft/min) that produces high amounts adequacy of the draft environmental SUMMARY: The Hells Canyon Subgroup of heat (2–4 ft flame lengths) conducted impact statement or the merits of the of the John Day/Snake Resource in the spring is deemed to have the most alternatives formulated and discussed in Advisory Council will meet on March 9 beneficial effect in improving oak the statement. Reviewers may wish to and 10, 2000, at the Baker Ranger competitiveness and will be used in refer to the Council on Environmental District, 3165 10th Street, Baker City, these research activities. All personnel Quality Regulations for implementing Oregon. The meeting will begin at 9 a.m. supervising and working on the fire will the procedural provisions of the and continue until 5 p.m. the first day

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6355 and will begin at 8 a.m. and continue Washington, D.C. Submit individual economy and responsiveness to these until 4 p.m. on the second day. Agenda inquiries and return any comments in programs. The absence of the data over items to be covered include: (1) Review writing to William Hughey, National the past 4 years has highlighted the draft CMP alternatives and, (2) Open Agricultural Engineer, Natural need for measures of private industry Public forum. All meetings are open to Resources Conservation Service, Post spending on pollution abatement the public. Public comments will be Office Box 2890, Room 6139–S, activities. With support from the EPA, received at 1:30 p.m. on March 9. Washington, D.C. 20013–2890. the Census Bureau proposes to reinstate FOR FURTHER INFORMATION CONTACT: Telephone Number 202–720–5023. The this survey. Direct questions regarding this meeting standards are also available and can be The survey will collect information to Kendall Clark, Area Ranger, USDA, downloaded from the Internet at: http: similar to that previously collected: Hells Canyon National Recreation Area, //www.ftw.nrcs.usda.gov/ Pollution abatement expenditures, 88401 Highway 82, Enterprise, OR practicelstds.html. operating costs for pollution abatement, each by media, air pollution control, 97828, 541–426–5501. SUPPLEMENTARY INFORMATION: Section water pollution control and multi- Dated: February 3, 2000. 343 of the Federal Agriculture media, and waste disposal. In addition, Karyn L. Wood, Improvement and Reform Act of 1996 the survey will include the nature of the Forest Supervisor. requires NRCS to make available for costs incurred, distinguishing between [FR Doc. 00–2985 Filed 2–8–00; 8:45 am] public review and comment proposed prevention and treatment. The survey revisions to conservation practice BILLING CODE 3410±11±M will include approximately 20,000 standards used to carry out the highly establishments selected to represent erodible land and wetland provisions of manufacturing, mining and electric DEPARTMENT OF AGRICULTURE the law. For the next 60 days, NRCS will utilities industries defined by the North receive comments relative to the American Industry Classification Natural Resources Conservation proposed changes. Following that System (NAICS) with emphasis on Service period, a determination will be made by industries most heavily involved in NRCS regarding disposition of those pollution abatement activities. The Notice of Proposed Changes in the comments, and a final determination of survey sample will also include National Handbook of Conservation change will be made. representation of establishments in the Practices Signed at Washington, DC, on January 27, apparel and textile industry and AGENCY: Natural Resources 2000. manufacturing establishments with less Conservation Service, USDA. Danny D. Sells, than 20 employees. These groups had been excluded from the earlier survey ACTION: Notice and request for Associate Chief, Natural Resources comments. Conservation Service. design under the assumption that they [FR Doc. 00–2863 Filed 2–8–00; 8:45 am] contributed little or nothing to the SUMMARY: Notice is hereby given of the BILLING CODE 3410±16±P estimates. Representation from these intention of NRCS to issue a series of groups will be used to confirm the new or revised conservation practice assumption. standards in its National Handbook of DEPARTMENT OF COMMERCE The EPA will use the data to monitor Conservation Practices. These standards the impact of environmental programs include Alley Cropping, Constructed Submission for OMB Review; and to estimate cost projections for its Wetland, Firebreak, Forest Site Comment Request regulatory impact analysis for proposed Preparation, Forest Stand Improvement, pollution regulations. Capital DOC has submitted to the Office of Forest Trails and Landings, Prescribed expenditures for pollution abatement is Management and Budget (OMB) for Burning, Riparian Forest Buffer, Spring an important component of total capital clearance the following proposal for Development, Tree/Shrub expenditures when analyzing collection of information under the Establishment, Tree/Shrub Pruning, Use investment and productivity at the provisions of the Paperwork Reduction Exclusion, Windbreak/Shelterbelt Bureau of Labor Statistics and the Act (44 U.S.C. chapter 35). Establishment, and Windbreak/ Bureau of Economic Analysis. State and Agency: Census Bureau. Shelterbelt Renovation. These standards local governments, trade associations, Title: Pollution Abatement Costs and are used to convey national guidance the academic community, and private Expenditures (PACE) Survey. when developing Field Office Technical businesses will use the data to evaluate Agency Form Number(s): MA–200. Guide Standards used in the States. regional pollution abatement spending, OMB Approval Number: 0607–0176. NRCS State Conservationists who local legislation, and performance of Type of Request: Reinstatement, with specific industries. choose to adopt these practices for use change, of an expired collection. within their States will incorporate Affected Public: Businesses or other Burden Hours: 160,000 hours. for-profit organizations. them into Section IV of their Field Number of Respondents: 20,000. Office Technical Guide. These practices Frequency: Annually. Average Hours Per Response: 8 hours. Respondent’s Obligation: Mandatory. may be used in conservation systems Needs and Uses: The Pollution OMB Desk Officer: Susan Schechter, that treat highly erodible land or on Abatement Costs and Expenditures (202) 395–5103. land determined to be wetland. (PACE) Survey was conducted annually Copies of the above information DATES: Comments will be received on or prior to 1995 but suspended due to collection proposal can be obtained by before April 10, 2000. T his series of Census Bureau budget limitations. The calling or writing Linda Engelmeier, new or revised conservation practice PACE Survey provided measures of the DOC Forms Clearance Officer, (202) standards will be adopted after the close cost to private industry for the Nation’s 482–3272, U.S. Department of of the 60-day period. commitment to protecting the Commerce, Room 5027, 14th and FOR FURTHER INFORMATION CONTACT: environment. This survey is an essential Constitution Avenue, NW, Washington, Single copies of these standards are source of data for monitoring the impact DC 20230 (or via the Internet at available from NRCS–CED in of environmental programs on the U.S. [email protected]).

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Written comments and related to housing. In most other group of primary RFS data users and recommendations for the proposed demographic surveys, the unit of mortgage finance experts from in and information collection should be sent reference is the person, household, or out of government to develop the within 30 days of publication of this housing unit; questionnaire content. We are also notice to Susan Schechter, OMB Desk • Provides the only source of conducting cognitive testing with Officer, Room 10201, New Executive information on property, mortgage, and property owners and mortgage lenders Office Building, Washington, DC 20503. financial characteristics for multi-unit to obtain their input on the RFS content Dated: February 1, 2000. rental properties.; and and collection procedures, and to • Conducts interviews of property improve the validity of the questions Linda Engelmeier, owners and mortgage lenders, resulting asked. Departmental Forms Clearance Officer, Office in more accurate information on of the Chief Information Officer. II. Method of Collection property and mortgage characteristics. [FR Doc. 00–2963 Filed 2–8–00; 8:45 am] Some uses of the RFS data are: In the RFS, we select a sample of BILLING CODE 3510±07±P • As benchmark data for estimates of addresses identified in Census 2000. several economic aggregates prepared by From this sample, we first decide if a the Bureau of Economic Analysis, such property is a homeowner property or a DEPARTMENT OF COMMERCE as the gross domestic product (GDP) and rental property. This determines the type of questionnaire the respondent Census Bureau the national income accounts; • As the only source of information will complete. A homeowner property is 2001 Residential Finance Survey on the acquisition, financing, and defined as one having fewer than five ownership of multifamily rental units where the owner of the property ACTION: Proposed collection; comment properties; lives in one of the units. A rental request. • As source of data for developing property is one with five or more units benchmark per-unit estimates of rents or a property of fewer than five units SUMMARY: The Department of collected, operating expenses, and with none being owner occupied. Commerce, as part of its continuing capital expenditures on different classes Condominium apartments are effort to reduce paperwork and of rental properties; homeowner properties if the owner lives respondent burden, invites the general • As the basis for developing an in the unit and rental properties if the public and other federal agencies to take estimate of the number of age-restricted owner does not live in the unit. this opportunity to comment on housing units and other categories of proposed and/or continuing information seniors’ housing units, and to study how Forms collections, as required by the they are financed; We anticipate using the following four Paperwork Reduction Act of 1995, • As data to help the Department of questionnaires to collect data for the Public Law 104–13 (44 U.S.C. Housing and Urban Development 2001 RFS. 3506(c)(2)(A). regulate the Government Sponsored • An ‘‘owner seeker’’ letter will be DATES: Written comments must be Enterprises and to monitor these mailed to units at basic street addresses submitted on or before April 10, 2000. organizations’ progress in reaching having two or more housing units in order to identify the name and address ADDRESSES: Direct all written comments established goals, such as to expand of the owner or the owner’s agent and to Linda Engelmeier, Departmental housing opportunities for working class to determine if the property is a Forms Clearance Officer, Department of and low-income families, and for homeowner property or a rental Commerce, Room 5027, 14th and families in underserved communities; • As a source of information on the property. Constitution Avenue, NW, Washington, sources and uses of mortgage credit in • A homeowner questionnaire will be DC 20230, or by e-mail at rural areas and the rates and terms mailed to all addresses with only one [email protected]. relative to metropolitan areas; unit, to all mobile homes, and to units FOR FURTHER INFORMATION CONTACT: • As a source of data on credit identified on the ‘‘owner seeker’’ letter Requests for additional information or extensions of individuals and on as having fewer than five units, one of copies of the information collection residential investor-property finance; which is owner occupied. If the instruments and instructions should be • As the only source of information property is mortgaged, the respondent directed to Walter L. Busse, U.S. Census on non-traditional sources of mortgage will be asked to report the person or Bureau, Housing and Household credit, such as individuals, trust funds, institution to whom mortgage payments Economic Statistics Division, Room and philanthropic organizations; are made. 1445–3, Washington, DC 20233–8500, • As the basis for studying the role • A rental and vacant property and telephone (301)457–3220. second mortgages, mortgage questionnaire will be mailed to owners SUPPLEMENTARY INFORMATION: refinancings, and home equity loans or agents of properties with five or more play in financing modeling; housing units or those with fewer than I. Abstract • As an excellent and comprehensive five units when none is owner occupied The U.S. Census Bureau has source of information on the ability of as indicated by responses on the ‘‘owner conducted the Residential Finance all Americans to have equal access to seeker’’ letter and the homeowner Survey (RFS) every 10 years as part of mortgage credit; and questionnaire. As with the homeowner the decennial census since 1950. The • As the basis for strategic planning questionniare, the respondents are RFS is the only survey designed to and business decisions by firms asked to whom mortgage payments are collect and produce data about the involved with housing or mortgage made. financing of nonfarm, privately-owned credit. • A lender questionnaire will be residential properties. We are undertaking several steps to mailed to financial institutions, The RFS does the following: make sure that the content for the 2001 government agencies, firms or • Collects, tabulates, and presents RFS addresses the changes that occurred individuals to whom mortgage data for properties, the standard unit of in the mortgage industry during the payments are made, as indicated on the reference for financial transactions 1990s. This includes bringing together a homeowner and the rental and vacant

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6357 property questionnaires. The necessary to respond to this survey. DC 20230, (or via e-mail at questionnaire is designed to collect data There is no monetary cost to the [email protected]). on both first and junior (second or third) respondent. FOR FURTHER INFORMATION CONTACT: mortgages, including home equity lines Respondent’s Obligation: Mandatory. Requests for additional information or of credit. Legal Authority: Title 13, U.S.C., copies of the information collection Section 141 and Section 1113(d) of the Timing instrument and instructions should be Right to Financial Privacy Act (12 directed to: Verna M. Learnard, U.S. The ‘‘owner seeker’’ letters and the U.S.C. Section 3413(d)). first round of the homeowner Department of Commerce, Bureau of questionnaires are scheduled for IV. Request for Comments Economic Analysis, BE–53, Washington, DC 20230, or by telephone at 202–606– mailout in early 2001. A second mailing Comments are invited on: (a) Whether 9690. of the homeowner questionnaires (those the proposed collection of the identified by the owner seeker letter) is information is necessary for the proper SUPPLEMENTARY INFORMATION: expected in early spring 2001. The performance of the functions of the I. Abstract rental and vacant property agency, including whether the questionnaires are scheduled for initial information shall have practical utility; As one of the Nation’s leading mailing in early 2001. The lender (b) the accuracy of the agency’s estimate statistical agencies, the Bureau of questionnaires are to be mailed in two of the burden (including hours and cost) Economic Analysis (BEA) provides primary cycles, the first in summer 2001 of the proposed collection of reliable and consistent measures of and the second in early fall 2001, with information; (c) ways to enhance the economic activity that are essential to possible additional smaller mailings quality, utility, and clarity of the intelligent decision making of business from follow-up operations. information to be collected; and (d) people and policy makers and to the efficient operations of financial markets. Enumeration ways to minimize the burden of the collection of information on The purpose of the BEA Customer The RFS is essentially a centralized respondents, including through the use Satisfaction Survey will be to obtain mail-out/mail-back operation. We will of automated collection techniques or feedback from customers on the quality limit our field interviewing for property other forms of information technology. of BEA products and services. The owners to cases in which the owner was Comments submitted in response to results of the information collected will either not identified or failed to respond this notice will be summarized and/or serve to assist BEA in improving the to the original mailed questionnaires included in the request for OMB quality of its data products and its and follow-up letters. Follow-up approval of this information collection; methods of dissemination. interviewing of lenders will occur in they also will become a matter of public II. Method of Collection two stages. For financial institutions, record. follow-up telephone inquiries will be The Survey and a cover letter with made. Follow-up for mortgages held by Dated: February 3, 2000. instructions on how to complete the individuals will involve a telephone call Linda Engelmeier, survey will be mailed to 7,500 potential and, if necessary, a personal visit by Departmental Forms Clearance Officer, Office respondents. BEA will request that Census Bureau field representatives of the Chief Information Officer. responses be returned 30 days after the from the 12 census regional offices. [FR Doc. 00–2962 Filed 2–8–00; 8:45 am] mailing. The survey will be designed so BILLING CODE 3510±07±P that all responses are anonymous and III. Data therefore eliminates the necessity for OMB Number: Not available. recordkeeping of respondents. Form Number: DEPARTMENT OF COMMERCE III. Data D–2900 (Homeowner Questionnaire) D–2901 (Rental and Vacant Property Bureau of Economic Analysis OMB Number: lllll. Qustionnaire) Type of Review: New. D–2902 (Lender Questionnaire) BEA Customer Satisfaction Survey; Affected Public: Individuals from D–2905(L) (Owner Seeker Letter) Proposed Information Collection; profit and non-profit organizations and Comment Request Type of Review: Regular submission. individuals from other Federal, state, Affected Public: Individual property SUMMARY: The U.S. Department of and local government agencies. owners and lending institutions. Commerce, as part of its continuing Estimated Number of Respondents: Estimated Number of Respondents: effort to reduce paperwork and 7,500. D–2900—35,000 respondents respondent burden, invites the general Estimated Response Time: 15 D–2901—35,000 respondents public and other Federal agencies to minutes. D–2902—50,000 respondents take this opportunity to comment on Estimated Total Annual Burden D–2905(L)—210,000 respondents proposed and/or continuing information Hours: 1,875. Estimated Time Per Response: collections, as required by the Estimated Total Annual Cost: The D–2900 @ 30 minutes/response = Paperwork Reduction Act of 1995, only cost to the respondents is that of 17,500 hours Public Law 104–13 (44 U.S.C. their time. D–2901 @ 45 minutes/response = 3506(c)(2)(A)). Legal Authority: Executive Order 26,250 hours 12862, Section 1(b), of September 11, D–2902 @ 30 minutes/response = DATES: Interested persons are invited to 1993. 25,000 hours submit comments on or before April 10, D–2905(L) @ 2.5 minutes/response = 2000. IV. Request for Comments 8,750 hours ADDRESSES: Direct all written comments Comments are invited on: (a) Whether Estimated Total Annual Burden to Linda Engelmeier, Departmental the proposed collection of information Hours: 77,500 hours. Forms Clearance Officer, Department of is necessary for the proper performance Estimated Total Annual Cost: The Commerce, Room 5027, 14th and of the functions of the agency, including only cost to a respondent is the time Constitution Avenue, NW, Washington, whether the information shall have

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On June 1, 1999, the Department initiated, and the Commission clarity of the information to be Dated: February 3, 2000. instituted, sunset reviews (64 FR 23596 collected; and (d) ways to minimize the Brian Nilsson, burden of the collection of information and 64 FR 23677, respectively) of the Acting Assistant Secretary. on respondents, including through the antidumping duty order and use of automated collection techniques [FR Doc. 00–2860 Filed 2–8–00; 8:45 am] countervailing duty order on new steel or other forms of information BILLING CODE 3510±33±M rail from Canada pursuant to section technology. 751(c) of the Act. As a result of these Comments submitted in response to reviews, the Department found that this notice will be summarized and/or DEPARTMENT OF COMMERCE revocation of the antidumping duty order would likely lead to continuation included in the request for OMB International Trade Administration approval of this information collection; or recurrence of dumping and they also will become a matter of public revocation of the countervailing duty [A±122±804, C±122±805] record. order would likely lead to continuation Dated: February 3, 2000. Continuation of Antidumping Duty or recurrence of a countervailable subsidy. The Department notified the Linda Engelmeier, Order and Countervailing Duty Order: New Steel Rail From Canada Commission of the magnitude of the Departmental Forms Clearance Officer, Office margin likely to prevail, the net of the Chief Information Officer. AGENCY: Import Administration, countervailable subsidy, and the nature [FR Doc. 00–2961 Filed 2–8–00; 8:45 am] International Trade Administration, of the subsidy likely to prevail were the BILLING CODE 3510±06±U Department of Commerce. antidumping duty order and 1 ACTION: Notice of continuation of countervailing duty order revoked. On January 26, 2000, the Commission DEPARTMENT OF COMMERCE antidumping duty order and countervailing duty order: new steel rail determined, pursuant to section 751(c) Bureau of Export Administration from Canada. of the Act, that revocation of the antidumping duty order and President's Export Council SUMMARY: On December 29, and countervailing duty order would likely Subcommittee on Encryption; Notice December 30, 1999, respectively, the lead to continuation or recurrence of of Open Meeting Department of Commerce (‘‘the material injury to an industry in the Department’’), pursuant to sections United States within a reasonably The President’s Export Council 751(c) and 752 of the Tariff Act of 1930, foreseeable time.2 Subcommittee on Encryption as amended (‘‘the Act’’), determined Scope (PECSENC) will meet on February 25, that revocation of the antidumping duty 2000, at the Hewlett-Packard Company, order and countervailing duty order on The merchandise subject to this Spyglass Room, Building 5, 1501 Page new steel rail from Canada would likely antidumping duty order and this Mill Road, Palo Alto, California, 94304. lead to continuation or recurrence of countervailing duty order is new steel The meeting will begin at 9:00 a.m. and dumping and a countervailable subsidy rail, whether of carbon, high carbon, is scheduled to adjourn at 4 p.m. The (64 FR 73013 (December 29, 1999) and alloy or other quality steel from Canada. Subcommittee provides advice on 64 FR 73519 (December 30, 1999), Subject merchandise includes, but is not matters pertinent to policies regarding respectively). On January 26, 2000, the limited to, standard rails, all main line commercial encryption products. International Trade Commission (‘‘the sections (at least 30 kilograms per meter Open Session: 9:00 a.m.–4 p.m. Commission’’), pursuant to section or 60 pounds per yard), heat-treated or 751(c) of the Act, determined that head-hardened (premium) rails, transit 1. Opening remarks by the Chairman revocation of the antidumping duty rails, contact rails (or ‘‘third rail’’) and 2. Presentation of papers or comments order and countervailing duty order on crane rails. Rails are used by the by the public new steel rail from Canada would be railroad industry, by rapid transit lines, 3. Update on Bureau of Export by subways, in mines, and in industrial Administration initiatives likely to lead to continuation or recurrence of material injury to an applications. 4. Issue briefings Specifically excluded from the order 5. Open discussion industry in the United States within a reasonably foreseeable time (65 FR 4261 are light rails (less than 30 kilograms per The meeting is open to the public and meter or 60 pounds per yard). Also a limited number of seats will be (January 26, 2000)). Therefore, pursuant to 19 CFR 351.218(f)(4), the Department excluded from the order are relay rails, available. Reservations are not required. which are used rails taken up from To the extent time permits, members of is publishing this notice of the continuation of the antidumping duty primary railroad track and relaid in a the public may present oral statements railroad yard or on a secondary track. As to the PECSENC. The public may submit order and countervailing duty order on new steel rail from Canada. a result of a changed circumstances written statements at any time before or review in 1996, the antidumping duty after the meeting. However, to facilitate DATES: February 9, 2000. distribution of public presentation FOR FURTHER INFORMATION CONTACT: 1 See Final Results of Expedited Sunset Review: materials to PECSENC members, the Darla D. Brown or Melissa G. Skinner, New Steel Rail from Canada, 64 FR 73013 PECSENC suggests that public Office of Policy for Import (December 29, 1999) and Final Results of Expedited presentation materials or comments be Administration, International Trade Sunset Review: New Steel Rail from Canada, 64 FR 73519 (December 30, 1999) . forwarded before the meeting to the Administration, U.S. Department of 2 See Steel Rails From Canada, Investigations address listed below: Ms. Lee Ann Commerce, 14th Street and Constitution Nos. 701–TA–297 (Review) and 731–TA–422 Carpenter, Advisory Committees MS: Ave., NW, Washington, DC 20230; (Review), 65 FR 4261(January 26, 2000).

VerDate 272000 18:41 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6359 order on new steel rail was partially DEPARTMENT OF COMMERCE Dated: January 28, 2000. revoked with regard to 100ARA–A new Richard O. Weible, steel rail, except light rail, from International Trade Administration Acting Deputy Assistant Secretary for AD/ Canada.3 Also, nominal 60 pounds per CVD Enforcement Group III. yard steel rail is outside the scope of [A±583±008] [FR Doc. 00–2972 Filed 2–8–00; 8:45 am] this order.4 BILLING CODE 3510±DS±P Certain Circular Welded Carbon Steel This merchandise is currently Pipes and Tubes From Taiwan classifiable under the Harmonized Tariff DEPARTMENT OF COMMERCE Schedule (HTS) items 7302.10.1010, AGENCY: Import Administration, 7302.10.1015, 7302.10.1035, International Trade Administration, International Trade Administration 7302.10.1045, 7302.10.5020, Department of Commerce. 8548.90.0000.5 The HTS item numbers [A±201±809] ACTION: Notice of extension of time are provided for convenience and Certain Cut-to-Length Carbon Steel limit for preliminary results of customs purposes. The written Plate From Mexico: Rescission of antidumping duty administrative description remains dispositive. Antidumping Administrative Review review. Determination AGENCY: Import Administration, As a result of the determinations by SUMMARY: The Department of Commerce International Trade Administration, the Department and the Commission is extending the time limit for the Department of Commerce. that revocation of these antidumping preliminary results of the administrative SUMMARY: The Department of Commerce duty and countervailing duty orders review of the antidumping duty order (‘‘the Department’’) is rescinding the would likely lead to continuation or on certain circular welded carbon steel review it initiated on October 1, 1999 of pipes and tubes from Taiwan. The recurrence of dumping and a the antidumping duty order on certain review covers one manufacturer/ countervailable subsidy and material cut-to-length carbon steel plate from exporter of the subject merchandise, and injury to an industry in the United Mexico (64 FR 53318). the period of review May 1, 1998 States, pursuant to section 751(d)(2) of EFFECTIVE DATE: Febraury 9, 2000. through April 30, 1999. the Act, the Department hereby orders FOR FURTHER INFORMATION CONTACT: Tom the continuation of the antidumping EFFECTIVE DATE: Febraury 9, 2000. Killiam or Robert James, Import duty order and countervailing duty Administration, International Trade FOR FURTHER INFORMATION CONTACT: Administration, U.S. Department of order on new steel rail from Canada. Thomas Killiam or Robert James, The Department will instruct the U.S. Commerce, 14th Street and Constitution Enforcement Group III, Office 8, Import Avenue, NW., Washington DC 20230; Customs Service to continue to collect Administration, International Trade deposits at the rate in effect at the time telephone (202) 482–3019 and 482– Administration, U.S. Department of 0649, respectively. of entry for all imports of subject Commerce, 14th Street and Constitution merchandise. Avenue, NW, Washington, DC 20230; Applicable Statute Pursuant to section 751(c)(6)(A) of the telephone (202) 482–3019 or 482–0649, Unless otherwise indicated, all Act, the Department intends to initiate respectively. citations to the Tariff Act of 1930, as the next five-year review of these orders SUPPLEMENTARY INFORMATION: We amended (‘‘the Act’’), are references to not later than January 2005. initiated the review on June 30, 1999 (64 the provisions effective January 1, 1995, Dated: February 3, 2000. FR 35125) following a request made by the effective date of the Uruguay Round Agreements Act (‘‘URAA’’). In addition, Holly A. Kuga, the petitioners on May 28, 1999. Section unless otherwise indicated, all citations Acting Assistant Secretary for Import 751(a)(3)(A) of the Act directs the Department to make a preliminary to the Department’s regulations are to Administration. the regulations codified at 19 CFR part [FR Doc. 00–2974 Filed 2–8–00; 8:45 am] determination within 245 days for each administrative review. The section 351 (1999). BILLING CODE 3510±DS±P provides, however, that if it is not Background practicable to complete the review On August 31, 1999, the sole within the foregoing time, the respondent, Altos de Hornos de Mexico administering authority may extend that (AHMSA), and the petitioners, 245-day period to 365 days. Due to the Bethlehem Steel Corporation, Geneva reasons enumerated in the Steel, Gulf Lakes Steel, Inc., of Alabama, Memorandum from Richard Weible to Inland Steel Industries, Inc., Lukens Joseph A. Spetrini, Certain Circular Steel Company, Sharon Steel Welded Carbon Steel Pipes and Tubes 3 See New Steel Rail, Except Light Rail, From Corporation, and U.S. Steel Group (a from Taiwan, Extension of Time Limit unit of USX Corporation) requested that Canada; Final Results of Changed Circumstances for the Preliminary Results, dated Antidumping and Countervailing Duty the Department conduct an Administrative Reviews, and Revocation in Part of January 28, 2000, the Department has administrative review of subject Antidumping and Countervailing Duty Orders, 61 determined that it is not practicable to merchandise exported by AHMSA from FR 11607 (March 21, 1996). complete this review within the 245-day Mexico to the United States for the 4 See New Steel Rail, Except Light Rail, From time limit. period August 1, 1998 through July 31, Canada; Notice of Termination of Changed Therefore, in accordance with section Circumstances Administrative Reviews and 1999. On October 1, 1999, the Clarification of Scope Language, 63 FR 43137 751(a)(3)(A) of the Act, the Department Department published in the Federal (August 12, 1998). is extending the time limits for the Register (64 FR 53318) a notice of 5 Per conversation with April Avalone at U.S. preliminary results of the administrative initiation of administrative review with Customs on September 7, 1999. review by 120 days to May 30, 2000. respect to AHMSA for that period. The

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 6360 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices petitioners withdrew their request for a three manufacturers/exporters of the DATES: Written or telefaxed comments review on December 21, 1999; AHMSA subject merchandise and the period must be received on or before March 10, withdrew its request on December 28, June 1, 1998 through May 31, 1999. 2000. 1999. EFFECTIVE DATE: February 9, 2000. ADDRESSES: The application and related Rescission of Review FOR FURTHER INFORMATION CONTACT: documents are available for review upon written request or by appointment Pursuant to 19 CFR 351.213(d)(1), the Michael J. Heaney or Robert James, Office of AD/CVD Enforcement, Group in the following office(s): Department will rescind an Permits and Documentation Division, administrative review if a party that III, Import Administration, International Trade Administration, U.S. Department Office of Protected Resources, NMFS, requested the review withdraws the 1315 East-West Highway, Room 13130, request within 90 days of the date of of Commerce, 14th Street and Constitution Avenue, NW, Washington, Silver Spring, MD 20910 (301/713– publication of the notice of initiation of 2289); and the requested review. Because both DC 20230, telephone: (202) 482–4475 or 482–0649, respectively. Regional Administrator, Alaska parties’ withdrawals were submitted Region, NMFS, 709 W. 9th Street, within the 90-day time limit, we are Postponement of Preliminary Results of Federal Building, Room 461, P.O. Box rescinding this review. We will issue Review 21668, Juneau, AK 99802 (907/586– appropriate appraisement instructions On July 29, 1999, the Department 7235). directly to the US Customs Service. initiated this administrative review of Written comments or requests for a This notice serves as a reminder to public hearing on this application parties subject to administrative the antidumping duty order on polyethylene terephthalate film, sheet, should be mailed to the Chief, Permits protective orders (APO) of their and Documentation Division, F/PR1, responsibility concerning the and strip from Korea. (64 FR 41075). The current deadline for the preliminary Office of Protected Resources, NMFS, disposition of proprietary information 1315 East-West Highway, Room 13705, disclosed under APO in accordance results is February 29, 2000. We determine that it is not practicable to Silver Spring, MD 20910. Those with 19 CFR 351.305(a)(3)(1999). individuals requesting a hearing should Timely written notification of the return complete this review within the original time frame. (See Memorandum to set forth the specific reasons why a or destruction of APO materials, or hearing on this particular request would conversion to judicial protective order, Joseph A. Spetrini dated February 3, 2000.) be appropriate. is hereby requested. Failure to comply Comments may also be submitted by with the regulations and terms of an Accordingly, the deadline for issuing the preliminary results of this review is facsimile at (301) 713–0376, provided APO is a sanctionable violation. the facsimile is confirmed by hard copy This notice is in accordance with now no later than May 1, 2000. The deadline for issuing the final results of submitted by mail and postmarked no section 777(i)(1) of the Act, 19 CFR later than the closing date of the 351.213(d)(1) and 19 CFR 351.213(d)(4). this review will be no later than 120 days from the publication of the comment period. Please note that Dated: January 28, 2000. preliminary results. comments will not be accepted by e- Richard O. Weible, This extension is in accordance with mail or by other electronic media. Acting Deputy Assistant Secretary for AD/ section 751(a)(3)(A) of the Tariff Act of FOR FURTHER INFORMATION CONTACT: CVD Enforcement Group III. 1930, as amended (19 U.S.C. 1675 Jeannie Drevenak, 301/713–2289. [FR Doc. 00–2975 Filed 2–8–00; 8:45 am] (a)(3)(A)). SUPPLEMENTARY INFORMATION: The BILLING CODE 3510±DS±P Dated: February 3, 2000. subject permit is requested under the Richard Weible, authority of the Marine Mammal Protection Act of 1972, as amended DEPARTMENT OF COMMERCE Acting Deputy Assistant Secretary for AD/ CVD Enforcement, Group III. (MMPA; 16 U.S.C. 1361 et seq.), the International Trade Administration [FR Doc. 00–2976 Filed 2–8–00; 8:45 am] Regulations Governing the Taking and Importing of Marine Mammals (50 CFR [A±580±807] BILLING CODE 3519±DS±M part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 Polyethelene Terephthalate, Film, DEPARTMENT OF COMMERCE et seq.), the regulations governing the Sheet, and Strip From Korea; taking, importing, and exporting of Postponement of Preliminary Results National Oceanic and Atmospheric endangered fish and wildlife (50 CFR of Antidumping Duty Administrative Administration 222–226). Review The applicant is requesting [I.D. 012800G] AGENCY: Import Administration, authorization to harass, up to 6 times International Trade Administration, Marine Mammals; File No. 962±1562 each, up to 500 North Pacific humpback Department of Commerce whales (Megaptera novaeangliae) ACTION: Notice of extension of time AGENCY: National Marine Fisheries annually, over a five year period, during limit. Service (NMFS), National Oceanic and photo-identification studies in Alaska Atmospheric Administration (NOAA), waters. SUMMARY: The Department of Commerce Commerce. In compliance with the National (the Department) is extending the time ACTION: Receipt of application. Environmental Policy Act of 1969 (42 limit for the preliminary results of the U.S.C. 4321 et seq.), an initial administrative review of the SUMMARY: Notice is hereby given that determination has been made that the antidumping duty order on The North Gulf Oceanic Society, P.O. activity proposed is categorically polyethylene terephthalate film, sheet, Box 15191, Homer, Alaska 99603, has excluded from the requirement to and strip from Korea. The review of the applied in due form for a permit to take prepare an environmental assessment or antidumping duty order on North Pacific humpback whales environmental impact statement. polyethylene terephthalate film, sheet, (Megaptera novaeangliae) for purposes Concurrent with the publication of and strip from Korea. The review covers of scientific research. this notice in the Federal Register,

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NMFS is forwarding copies of this telephone (202) 418–5278. Facsimile CONSUMER PRODUCT SAFETY application to the Marine Mammal number: (202) 418–5527. Electronic COMMISSION Commission and its Committee of mail: [email protected]. Request for Comments Concerning Scientific Advisors. SUPPLEMENTARY INFORMATION: The Proposed Request for Approval of a Dated: February 2, 2000. proposed designation applications were Collection of InformationÐSafety Eugene T. Nitta, submitted pursuant to the Commission’s Fast Track procedures for streamlining Standard for Automatic Residential Acting Chief, Permits and Documentation Garage Door Operators Division, Office of Protected Resources, the review of futures contract rule National Marine Fisheries Service. amendments and new contract AGENCY: Consumer Product Safety [FR Doc. 00–2934 Filed 2–8–00; 8:45 am] approvals (62 FR 10434). Under those Commission. BILLING CODE 3510±22±F procedures, the proposals, absent any ACTION: Notice. contrary action by the Commission, may be deemed approved at the close of SUMMARY: As required by the Paperwork COMMODITY FUTURES TRADING business on March 13, 2000, 45 days Reduction Act (44 U.S.C., Chapter 35), COMMISSION after receipt of the proposals. In view of the Consumer Product Safety the limited period under the Fast Track Commission requests comments on a Applications of the Chicago Mercantile procedures, the Commission has proposed request for extension of Exchange for Designation as a determined to publish for public approval of a collection of information Contract Market in Futures and comment notice of the availability of the from manufacturers and importers of Options on Five Year Agency Notes terms and conditions for 15 days, rather residential garage door operators. The and Ten Year Agency Notes than 30 days as provided for proposals collection of information consists of testing and recordkeeping requirements AGENCY: Commodity Futures Trading submitted under the regular review in certification regulations Commission. procedures. Copies of the terms and conditions implementing the Safety Standard for ACTION: Notice of availability of terms will be available for inspection at the Automatic Residential Garage Door and conditions of proposed commodity Operators (16 CFR part 1211). The futures and options contracts. Office of the Secretariat, Commodity Futures Trading Commission, Three Commission will consider all comments SUMMARY: The Chicago Mercantile Lafayette Centre, 1155 21st Street NW, received in response to this notice Exchange (CME or Exchange) has Washington, DC 20581. Copies of the before requesting approval of this applied for designation as a contract proposed amendments can be obtained extension of a collection of information market in futures and options on five through the Office of the Secretariat by from the Office of Management and year agency notes and ten year agency mail at the above address, by phone at Budget. notes. The proposals were submitted (202) 418–5100, or via the internet on DATES: The Office of the Secretary must under the Commission’s 45-day Fast the CFTC website at www.cftc.gov receive written comments not later than Tract procedures. The Acting Director of under ‘‘What’s New & Pending’’. April 10, 2000. the Division of Economic Analysis Other materials submitted by the CME ADDRESSES: Written comments should (Division) of the Commission, acting in support of the applications for be captioned ‘‘Residential Garage Door pursuant to the authority delegated by contract market designation may be Operators’’ and mailed to the Office of Commission Regulation 140.96, has available upon request pursuant to the the Secretary, Consumer Product Safety determined that publication of the Freedom of Information Act (5 U.S.C. Commission, Washington, DC 20207, or proposals for comment is in the public 552) and the Commission’s regulations delivered to that office, Room 502, 4330 interest, will assist the Commission in thereunder (17 CFR Part 145 (1997)), East-West Highway, Bethesda, Maryland considering the views of interested except to the extent they are entitled to 20814. Written comments may also be persons, and is consistent with the confidential treatment as set forth in 17 sent to the Office of the Secretary by purpose of the Commodity Exchange CFR 145.5 and 145.9. Requests for facsimile at (301) 504–0127 or by e-mail Act. copies of such materials should be made at [email protected]. DATES: Comments must be received on to the FOI, Privacy and Sunshine Act FOR FURTHER INFORMATION CONTACT: For or before February 24, 2000. Compliance Staff of the Office of information about the proposed ADDRESSES: Interested persons should Secretariat at the Commission’s extension of approval of the collection submit their views and comments to headquarters in accordance with 17 CFR of information, or to obtain a copy of 16 Jean A. Webb, Secretary, Commodity 145.7 and 145.8. CFR Part 1211, call or write Linda L. Futures Trading Commission, Three Any person interested in submitting Glatz, Office of Planning and Lafayette Centre, 1155 21st Street, NW written data, views, or arguments on the Evaluation, Consumer Product Safety Washington, DC 20581. In addition, proposed amendments, or with respect Commission, Washington, DC 20207; comments may be sent by facsimile to other materials submitted by the telephone (301) 504–0416, extension transmission to facsimile number (202) CME, should send such comments to 2226. Jean A. Webb, Secretary, Commodity 418–5521, or by electronic mail to SUPPLEMENTARY INFORMATION: In 1990, [email protected]. Reference should be Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Congress enacted legislation requiring made to the CME five and ten year residential garage door operators to agency notes futures and options Washington, DC 20581 by the specified date. comply with the provisions of a contracts. standard published by Underwriters FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, on February 3, Laboratories to protect against Please contact Thomas Leahy of the 2000. entrapment. The Consumer Product Division of Economic Analysis, Richard Shilts, Safety Improvement Act of 1990 (the Commodity Futures Trading Acting Director. Improvement Act) (Pub. L. 101–608, 104 Commission, Three Lafayette Centre, [FR Doc. 00–2916 Filed 2–8–00; 8:45 am] Stat. 3110) includes requirements that 1155 21st NW, Washington, DC 20581, BILLING CODE 6351±01±M residential garage door operators

VerDate 272000 17:14 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6362 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices manufactured on or after January 1, records to demonstrate compliance with CONSUMER PRODUCT SAFETY 1993, must comply with the entrapment the requirements for testing to support COMMISSION protection provisions in UL Standard certification of compliance. 16 CFR Part 325 in effect on or before January 1, 1211, Subparts B and C. Sunshine Act Meeting 1992. The entrapment protection The Commission uses the information requirements of UL Standard 325 are compiled and maintained by TIME AND DATE: Monday, February 14, codified as the Safety Standard for manufacturers and importers of 2000, 11:30 a.m. Automatic Residential Garage Door residential garage door operators to LOCATION: Room 410, East West Towers, Operators, 16 CFR part 1211. protect consumers from risks of death 4330 East West Highway, Bethesda, The Office of Management and Budget and injury resulting from entrapment Maryland. (OMB) approved the collection of accidents associated with garage door STATUS: information concerning the Safety operators. More specifically, the Closed to the Public. Standard for Automatic Residential Commission uses this information to Matter to be Considered: Garage Door Operators under control determine whether the products Compliance Operational Matter (OS# number 3041–0125. OMB’s most recent produced and imported by those firms 5756) approval will expire on April 30, 2000. comply with the standard. The The Commission and staff will The Commission now proposes to Commission also uses this information discuss a compliance operational request an extension of approval to facilitate corrective action if any matter. without changes of this collection of residential garage door operators fail to For a recorded message containing the information. comply with the standard in a manner latest agenda information, call (301) A. Certification Requirements that creates a substantial risk of injury 504–0709. to the public. CONTACT PERSON FOR ADDITIONAL The Improvement Act provides that INFORMATION: Sadye E. Dunn, Office of UL Standard 325 shall be considered to B. Estimated Burden the Secretary, 4330 East West Highway, be a consumer product safety standard The Commission staff estimates that Bethesda, MD 20207 (301) 504–0800. issued by the Consumer Product Safety about 22 firms are subject to the testing Dated: February 7, 2000. Commission under section 9 of the and recordkeeping requirements of the Consumer Product Safety Act (CPSA) certification regulations. The staff Sadye E. Dunn, (15 U.S.C. 2058). Section 14(a) of the estimates that each respondent will Secretary. CPSA (15 U.S.C. 2063(a)) requires spend 60 hours annually on the [FR Doc. 00–3151 Filed 2–7–00; 2:58 pm] manufacturers, importers, and private collection of information for a total of BILLING CODE 6355±01±M labelers of a consumer product subject about 1320 hours. Using an hourly rate to a consumer product safety standard of $13.50, based on 1999 Statistical to issue a certificate stating that the Abstract data for average all private DEPARTMENT OF EDUCATION product complies with all applicable sector wages, the total industry cost consumer product safety standards. would be about $18,000. Submission of Data by State Section 14(a) of the CPSA also requires Educational Agencies that the certificate of compliance must C. Request for Comments AGENCY: National Center for Education be based on a test of each product or The Commission solicits written Statistics, Department of Education. upon a reasonable testing program. comments from all interested persons Section 14(b) of the CPSA (15 U.S.C. about the proposed collection of ACTION: Notice of dates of submission 2063(b)) authorizes the Commission to information. The Commission of state revenue and expenditure reports issue regulations to prescribe a specifically solicits information relevant for fiscal year 1999 and of revisions to reasonable testing program to support to the following topics: those reports. certificates of compliance with a —Whether the collection of SUMMARY: The Secretary of Education consumer product safety standard. information described above is Section 14(b) of the CPSA allows firms announces dates for the submission by necessary for the proper performance of state educational agencies (SEAs) of that are required to issue certificates of the Commission’s functions, including compliance to use an independent expenditure and revenue data and whether the information would have average daily attendance statistics on ED third-party organization to conduct the practical utility; testing required to support the Form 2447 (the National Public —Whether the estimated burden of Education Financial Survey) for fiscal certificate of compliance. the proposed collection of information Section 16(b) of the CPSA (15 U.S.C. year (FY) 1999. The Secretary sets these is accurate; dates to ensure that data are available to 2065(b)) authorizes the Commission to —Whether the quality, utility, and issue rules to require establishment and serve as the basis for timely distribution clarity of the information to be collected of Federal funds. The U.S. Bureau of the maintenance of records necessary to could be enhanced; and implement the CPSA or determine Census is the data collection agent for —Whether the burden imposed by the the Department’s National Center for compliance with rules issued under the collection of information could be authority of the CPSA. On December 22, Education Statistics (NCES). The data minimized by use of automated, will be published by NCES and will be 1992, the Commission issued rules electronic or other technological prescribing requirements for a used by the Secretary in the calculation collection techniques, or other forms of of allocations for FY 2001 appropriated reasonable testing program to support information technology. certificates of compliance with the funds. Safety Standard for Automatic Dated: February 4, 2000. DATES: The date on which submissions Residential Garage Door Operators (57 Sadye E. Dunn, will first be accepted is March 15, 2000. FR 60449). These regulations also Secretary, Consumer Product Safety The mandatory deadline for the final require manufacturers, importers, and Commission. submission of all data, including any private labelers of residential garage [FR Doc. 00–2918 Filed 2–8–00; 8:45 am] revisions to previously submitted data, door operators to establish and maintain BILLING CODE 6355±01±P is September 5, 2000.

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ADDRESSES: SEAs may mail ED Form Elementary and Secondary Education Electronic Access to This Document 2447 to: Bureau of the Census, Act of 1965 (ESEA) (20 U.S.C. 8801(12)). You may view this document, as well ATTENTION: Governments Division, In addition to using the SPPE data as as all other Department of Education Washington, DC 20233–6800. useful information on the financing of documents published in the Federal Alternatively, SEAs may hand deliver elementary and secondary education, Register, in text or Adobe Portable submissions by 4 p.m. (Eastern Time) to: the Secretary uses these data directly in Document Format (PDF) on the Internet Governments Division, Bureau of the calculating allocations for certain at either of the following sites: Census, 8905 Presidential Parkway, formula grant programs, including Title Washington Plaza II, Room 508, Upper http://ocfo.ed.gov/fedreg.htm I of the Elementary and Secondary http://www.ed.gov/news.html Marlboro, MD. Education Act of 1965 as amended by If an SEA’s submission is received by the Improving America’s Schools Act of To use the PDF you must have the the Bureau of the Census after 1994 (Title I), Impact Aid, and Indian Adobe Acrobat Reader Program with September 5, in order for the Education. Other programs such as the Search, which is available free at either submission to be accepted, the SEA Goals 2000: Educate America Act, the of the previous sites. If you have must show one of the following as proof Technology Literacy Challenge Fund, questions about using the PDF, call the that the submission was mailed on or the Education for Homeless Children U.S. Government Printing Office (GPO), before the mandatory deadline date: and Youth Program under Title VII of toll free, at 1–888–293–6498; or in the 1. A legibly dated U.S. Postal Service the Stewart B. McKinney Homeless Washington, DC area at (202) 512–1530. postmark. Assistance Act, the Dwight D. Note: The official version of this document 2. A legible mail receipt with the date Eisenhower Professional Development is the document published in the Federal Register. Free Internet access to the official of mailing stamped by the U.S. Postal Program, and the Safe and Drug-Free Service. edition of the Federal Register and the Code Schools and Communities Program of Federal Regulations is available on GPO 3. A dated shipping label, invoice, or make use of SPPE data indirectly access at: http://www.access.gpo.gov/nara/ receipt from a commercial carrier. because their formulas are based, in index.html 4. Any other proof of mailing whole or in part, on State Title I acceptable to the Secretary. allocations. Authority: 20 U.S.C. 9003(a). If the SEA mails ED Form 2447 In January 2000, the Bureau of the Dated: February 4, 2000. through the U.S. Postal Service, the Census, acting as the data collection C. Kent McGuire, Secretary does not accept either of the agent for NCES, will mail to SEAs ED following as proof of mailing: Assistant Secretary for Educational Research Form 2447 with instructions and and Improvement. 1. A private metered postmark. request that SEAs submit data to the [FR Doc. 00–2948 Filed 2–8–00; 8:45 am] 2. A mail receipt that is not dated by Bureau of the Census on March 15, the U.S. Postal Service. 2000, or as soon as possible thereafter. BILLING CODE 4000±01±P Note: The U.S. Postal Service does not SEAs are urged to submit accurate and uniformly provide a dated postmark. Before complete data on March 15, or as soon relying on this method, an SEA should check as possible thereafter, to facilitate timely DEPARTMENT OF ENERGY with its local post office. processing. Submissions by SEAs to the [Docket Nos. EA±151±A and EA±152±A] FOR FURTHER INFORMATION CONTACT: Mr. Bureau of the Census will be checked Lawrence R. MacDonald, Chief, Bureau for accuracy and returned to each SEA Application To Export Electric Energy; of the Census, ATTENTION: for verification. All data, including any Tractebel Energy Marketing, Inc. Governments Division, Washington, DC revisions, must be submitted to the AGENCY: Office of Fossil Energy, DOE. 20233–6800. Telephone: (301) 457– Bureau of the Census by an SEA not 1574. If you use a telecommunications later than September 5, 2000. ACTION: Notice of application. device for the deaf (TDD), you may call Having accurate and consistent SUMMARY: Tractebel Energy Marketing, the Federal Information Relay Service information, on time, is critical to an Inc. (TEMI) has applied for renewal of (FIRS) at 1–800–877–8339. efficient and fair allocation process, as its authority to transmit electric energy Individuals with disabilities may well as the NCES statistical process. To from the United States to Mexico and to obtain this document in an alternative ensure timely distribution of Federal Canada pursuant to section 202(e) of the format (e.g., Braille, large print, education funds based on the best, most Federal Power Act. audiotape, or computer diskette) on accurate data available, NCES DATES: Comments, protests or requests request to: Frank Johnson, National establishes, for allocation purposes, to intervene must be submitted on or Center for Education Statistics, U.S. September 5, 2000, as the final date by before March 10, 2000. Department of Education, Washington, which ED Form 2447 must be DC 20208–5651. Telephone: (202) 219– submitted. However, if an SEA submits ADDRESSES: Comments, protests or 1618. revised data after the final deadline that requests to intervene should be SUPPLEMENTARY INFORMATION: Under the results in a lower SPPE figure, its addressed as follows: Office of Coal & authority of section 404(a) of the allocations may be adjusted downward Power Im/Ex (FE–27), Office of Fossil National Education Statistics Act of or the Department may request the SEA Energy, U.S. Department of Energy, 1994 (20 U.S.C. 9003(a)), which to return funds. SEAs should be aware 1000 Independence Avenue, SW, authorizes NCES to gather data on the that all of these data are subject to audit Washington, DC 20585–0350 (FAX 202– financing of education, NCES collects and that, if any inaccuracies are 287–5736). data annually from SEAs through ED discovered in the audit process, the FOR FURTHER INFORMATION CONTACT: Form 2447. The report from SEAs Department may seek recovery of Steven Mintz (Program Office) 202–586– includes attendance, revenue, and overpayments for the applicable 9506 or Michael Skinker (Program expenditure data from which NCES programs. If an SEA submits revised Attorney) 202–586–2793. determines the average state per pupil data after September 5, the data may SUPPLEMENTARY INFORMATION: Exports of expenditure (SPPE) for elementary and also be too late to be included in the electricity from the United States to a secondary education, as defined in the final NCES published dataset. foreign country are regulated and

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 6364 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices require authorization under section Spahr Andrews & Ingersoll, 601 13th SUPPLEMENTARY INFORMATION: Purpose of 202(e) of the Federal Power Act (FPA) Street, NW, Suite 1000 South, the Board: The purpose of the Board is (16 U.S.C. 824a(e)). Washington, DC 20005–2205 and Jeff to advise the Department of Energy and On July 14, 1997, the Office of Fossil Brattain, Tractebel Energy Marketing, its regulators in the areas of Energy (FE) of the Department of Energy Inc., 1177 West Loop South, Suite 800, environmental restoration, waste issued Order No. EA–151 authorizing Houston, TX 77027. management, and related activities. TEMI to transmit electric energy from DOE notes that the circumstances Tentative Agenda: the United States to Mexico as a power described in these applications are 1:00—Welcome-Agenda Review- marketer using the international electric virtually identical to those for which Approval of minutes transmission facilities owned and export authority had previously been 1:15—Co-Chair Comments operated by San Diego Gas and Electric granted in FE Order EA–151 and FE 1:30—Task Force/Subcommittee Company, El Paso Electric Company, Order EA–152. Consequently, DOE Reports Central Power and Light Company, and believes that it has adequately satisfied 2:00—Updates-Occurrence Reports-DOE Comision Federal de Electricidad, the its responsibilities under the National 2:30—Ex-Officio Reports national electric utility of Mexico. That Environmental Policy Act of 1969 3:00—Presentation and Questions and two-year authorization expired on July through the documentation of a Answers (To Be Decided) 14, 1999. categorical exclusion in the FE Docket 3:45—Groundwater Briefing on On August 13, 1997, FE issued Order EA–151 and FE Docket EA–152 Remediation Program No. EA–152 authorizing TEMI to proceedings. 4:15—Public Comments transmit electric energy to Canada as a Copies of this application will be 4:30—Closing Comments power marketer using the international made available, upon request, for public 4:45—Adjourn electric transmission facilities owned inspection and copying at the address and operated by Basin Electric Power Public Participation: The meeting is provided above or by accessing the open to the public. Written statements Cooperative, Bonneville Power Fossil Energy Home Page at http:// Administration, Citizens Utilities, may be filed with the Committee either www.fe.doe.gov. Upon reaching the before or after the meeting. Individuals Detroit Edison, Eastern Maine Electric Fossil Energy Home page, select Cooperative, Joint Owners of the who wish to make oral statements ‘‘Regulatory Programs,’’ then pertaining to agenda items should Highgate Project, Maine Electric Power ‘‘Electricity Regulation,’’ and then Company, Maine Public Service contact Jerry Johnson’s office at the ‘‘Pending Proceedings’’ from the options Company, Minnesota Power, Minnkota address or telephone number listed menus. Power Cooperative, New York Power above. Requests must be received 5 days Authority, Niagara Mohawk Power Issued in Washington, D.C., on February 3, prior to the meeting and every Corp., Northern States Power, and 2000. reasonable provision will be made to Vermont Electric Transmission Anthony J. Como, accommodate the request in the agenda. Company. That two-year authorization Deputy Director, Electric Power Regulation, The Deputy Designated Federal Official expired on August 13, 1999. Office of Coal and Power Im/Ex, Office of is empowered to conduct the meeting in On January 13, 2000, TEMI filed two Coal and Power Systems, Office of Fossil a fashion that will facilitate the orderly separate applications with FE for Energy. conduct of business. Each individual renewal of the export authority [FR Doc. 00–2921 Filed 2–8–00; 8:45 am] wishing to make public comment will contained in Order Nos. EA–151 and BILLING CODE 6450±01±P be provided a maximum of 5 minutes to EA–152. TEMI has requested those present their comments. This notice is authorizations be issued for five year being published less than 15 days before terms and that the international DEPARTMENT OF ENERGY the date of the meeting due to transmission facilities of Long Sault, programmatic issues that had to be Environmental Management Site- resolved prior to publication. Inc. be added to the list of authorized Specific Advisory Board, Pantex Plant export points in the authorization to Minutes: The minutes of this meeting export to Canada. AGENCY: Department of Energy. will be available for public review and copying at the Pantex Public Reading Procedural Matters ACTION: Notice of open meeting. Rooms located at the Amarillo College Any person desiring to become a SUMMARY: This notice announces a Lynn Library and Learning Center, 2201 party to this proceeding or to be heard meeting of the Environmental South Washington, Amarillo, TX phone by filing comments or protests to this Management Site-Specific Advisory (806) 371–5400. Hours of operation are application should file a petition to Board (EM SSAB), Pantex Plant, from 7:45 am to 10:00 p.m. Monday intervene, comment or protest at the Amarillo, Texas. The Federal Advisory through Thursday; 7:45 am to 5:00 p.m. address provided above in accordance Committee Act (Pub. L. 92–463, 86 Stat. on Friday; 8:30 am to 12:00 noon on with §§ 385.211 or 385.214 of the 770) requires that public notice of these Saturday; and 2:00 p.m. to 6:00 p.m. on FERC’s Rules of Practice and Procedures meetings be announced in the Federal Sunday, except for Federal holidays. (18 CFR 385.211, 385.214). Fifteen Register. Additionally, there is a Public Reading copies of each petition and protest Room located at the Carson County DATE AND TIME: Tuesday, February 22, should be filed with the DOE on or Public Library, 401 Main Street, 2000: 1:00 p.m.—5:00 p.m. before the date listed above. Panhandle, TX phone (806) 537–3742. Comments on TEMI’s request to ADDRESSES: Amarillo College, Business Hours of operation are from 9:00 am to export to Mexico should be clearly Center, 1314 South Polk Street, 7:00 pm on Monday; 9:00 am to 5:00 marked with Docket EA–151–A. Amarillo, TX. p.m. Tuesday through Friday; and Comments on the TEMI request to FOR FURTHER INFORMATION CONTACT: Jerry closed Saturday and Sunday as well as export to Canada should be clearly S. Johnson, Assistant Area Manager, Federal Holidays. Minutes will also be marked with Docket EA–152–A. Department of Energy, Amarillo Area available by writing or calling Jerry S. Additional copies are to be filed directly Office, P.O. Box 30030, Amarillo, TX Johnson at the address or telephone with Howard H. Shafferman, Ballard 79120 (806) 477–3125. number listed above.

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Issued at Washington, DC on February 4, the above captioned proceeding to application in Docket No. CP99–163– 2000. reflect the final name change, such that 000 et al. to acquire (from Line 90 Rachel M. Samuel, the Section 3 authorization and Company), convert, and operate the Deputy Advisory Committee Management Presidential Permit previously granted heretofore oil pipeline for the Officer. to Interenergy Sheffield will hereafter be transportation of natural gas in [FR Doc. 00–2920 Filed 2–8–00; 8:45 am] in the name of Bear Paw Energy, L.L.C. interstate commerce. BILLING CODE 6450±01±P In the alternative, Bear Paw Energy, Specifically, all of the parties should L.L.C. requests that a new Section 3 be prepared for a discussion on the authorization and Presidential Permit be following questions, among others, DEPARTMENT OF ENERGY granted in its own name. relating to the requested General Any person desiring to be heard or to Counsel interpretation: Federal Energy Regulatory make any protest with reference to said What are the specific activities to be Commission filing should, on or before, February 22, undertaken by Line 90 Company with [Docket No. CP96±684±001] 2000, file with the Federal Energy respect to the oil pipeline and why? Regulatory Commission, Washington, Identify specific equipment/facilities. Interenergy Sheffield Processing DC 20426, a protest or motion to Would the specific activities, Company, Bear Paw Energy, L.L.C.; intervene in accordance with the including removal of facilities and Notice of Filing requirements of Rule 211 or 214 of the equipment, be undertaken regardless of whether the conversion of the oil February 3, 2000. Commission’s Rules of Practice and pipeline to natural gas was planned? Take notice that on January 28, 2000, Procedure (18 CFR 385.211 or 385.214). What are the ‘‘environmental Bear Paw Energy, L.L.C., a Delaware All protests filed with the Commission remediation obligations’’ of ARCO with limited liability company, whose will be considered in determining the respect to the subject pipeline, and what mailing address is 3170 17th Street, appropriate action to be taken, but will is the reason for and nature of Line 90 Suite 2750, Denver, Colorado 80202, not serve to make the Protestants parties Company’s involvement in such filed in Docket No. CP96–684–001, a to the proceeding. Any person wishing measures? What is ARCO’s schedule for request seeking that the Section 3 to become a party to a proceeding or to all remaining activities associated with authorization and Presidential Permit participate as a party in any hearing the oil pipeline? held in the name of its predecessor therein must file a motion to intervene Any party, as defined in 18 CFR company, Interenergy Sheffield in accordance with the Commission’s 385.214, and any participant, as defined Processing Company, be changed to Rules. in 18 CFR 385.102(b), in the above- recognize its company’s reorganization David P. Boergers, captioned proceedings are invited to and change in its corporate name, all as Secretary. participate in the meeting. However, no more fully set forth in the filing which [FR Doc. 00–2886 Filed 2–8–00; 8:45 am] topics other than those pertaining to the is on file with the Commission and open BILLING CODE 6717±01±M requested General Counsel opinion will to public inspection. Bear Paw Energy, L.L.C. states that in be considered. For additional information, please contact Dennis 1997 a Section 3 authorization and DEPARTMENT OF ENERGY Presidential Permit were granted in the Vasapoli (202) 208–0461 or Robert Christin (202) 208–1022, at the above captioned proceeding to Federal Energy Regulatory Commission. Interenergy Sheffield Processing Commission Company (Interenergy Sheffield), a David P. Boergers, [Docket No. CP99±163±000, CP99±165±000 general partnership between Bear Paw and CP99±166±000] Secretary. Energy Inc. and Interenergy [FR Doc. 00–2887 Filed 2–8–00; 8:45 am] Corporation. These authorizations Questar Southern Trails Pipeline BILLING CODE 6717±01±M permitted Interenergy Sheffield, an Company; Notice of Meeting otherwise non-jurisdictional natural gas gathering and processing system, to February 3, 2000. DEPARTMENT OF ENERGY construct and operate natural gas Take notice that a meeting will be facilities at the International Boundary held in the above-docketed proceedings Federal Energy Regulatory line near Portal, North Dakota, to import on Thursday, February 24, 2000, at 10: Commission a.m., in a room to be designated at the gas from Canada. Bear Paw Energy, [Docket No. CP00±48±001] L.L.C. also states that, in 1998, Bear Paw offices of the Federal Energy Regulatory Energy Inc. became the sole and direct Commission, 888 First Street, NE, Tennessee Gas Pipeline Company; owner of the gathering and processing Washington, DC 20426. The purpose of Notice of Application system and the border crossing the meeting is to clarify and ascertain facilities. In the present filing, Bear Paw additional information regarding February 3, 2000. Energy, L.L.C. informs the Commission Questar Line 90 Company’s request of Take notice that on January 24, 2000, that, as of January 20, 2000, Bear Paw November 9, 1999, for an opinion from Tennessee Gas Pipeline Company Energy Inc. was merged into a Delaware the General Counsel that certain (Tennessee), 1001 Louisiana, Houston, limited liability company, with its prospective salvage activities related to Texas 77002, filed in Docket No. CP– ultimate name change to Bear Paw Line 90 Company’s oil pipeline 48–000, to amend its original Energy, L.L.C. Bear Paw Energy, L.L.C. purchased from ARCO Pipe Line application (Application) filed in that states that these transactions do not, in Company are nonjurisdictional and will docket on December 10, 1999. any way, alter the operation of the not require prior certificate Tennessee states that the purpose of the gathering and processing system or the authorization. Line 90 Company is also amendment is to revise that text of the border crossing facilities. concerned that these activities will not Application and certain exhibits to Bear Paw Energy, L.L.C. requests that prejudice Questar Southern Trails correct an inadvertent mistake in the the Commission modify its records in Pipeline Company’s pending certificate rate amounts originally provided. The

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 6366 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices rate is changed from a fixed monthly DEPARTMENT OF ENERGY Comment date: February 17, 2000, in reservation charge of $1,1967 per accordance with Standard Paragraph E dekatherm (Dth) and a fixed commodity Federal Energy Regulatory at the end of this notice. charge of $.0031 per Dth to a fixed Commission 4. Allegheny Energy Service monthly reservation charge of $1.1298 Corporation on behalf of Allegheny per Dth and a fixed commodity charge [Docket No. ER00±1242±000, et al.] Energy Supply Company, LLC of $.0053. Tennessee also states that it seeks to amend certain language in the Cinergy Services, Inc., et al., Electric [Docket No. ER00–1245–000] Application and in an exhibit to the Rate and Corporate Regulation Filings Take notice that on January 27, 2000, transportation agreement included with Allegheny Energy Service Corporation the Application in order to clarify the February 2, 2000. on behalf of Allegheny Energy Supply surcharges that it intends to discount Take notice that the following filings Company, LLC (Allegheny Energy under the negotiated rate agreement have been made with the Commission: Supply) filed Supplement No. 21 to add proposed in the Application. Tennessee 1. Cinergy Services, Inc. one (1) new Customer to the Market requests that the Commission approve Rate Tariff under which Allegheny the Application as amended by [Docket No. ER00–1242–000] Energy Supply offers generation September 1, 2000. Take notice that on January 27, 2000, services. Any person desiring to be heard or to Cinergy Services, Inc. (Cinergy) Allegheny Energy Supply requests a make any protest with reference to said tendered for filing a Firm Point-To-Point waiver of notice requirements to make application should on or before Service Agreement under Cinergy’s service available as of December 28, February 24, 2000, file with the Federal Open Access Transmission Service 1999 to The Dayton Power and Light Energy Regulatory Commission, 888 Tariff (the Tariff) entered into between Company. Copies of the filing have been First Street, NE, Washington, DC 20426, Cinergy and UtiliCorp United, provided to the Public Utilities a motion to intervene or a protest in Inc.(UtiliCorp). Commission of Ohio, the Pennsylvania accordance with the requirements of the Cinergy and British are requesting an Public Utility Commission, the Commission’s Rules of Practice and effective date of January 10, 2000. Maryland Public Service Commission, Procedure (18 CFR 385.214 and Comment date: February 17, 2000, in the Virginia State Corporation 385.211) and the Regulations under the accordance with Standard Paragraph E Commission, the West Virginia Public Natural Gas Act (18 CFR 157.10). All at the end of this notice. Service Commission, and all parties of protests filed with the Commission will 2. Cinergy Services, Inc. record. be considered by it in determining the Comment date: February 17, 2000, in appropriate action to be taken but will [Docket No. ER00–1243–000] Take notice that on January 27, 2000, accordance with Standard Paragraph E not serve to make the protestants parties at the end of this notice. to the proceeding. Any person wishing Cinergy Services, Inc. (Cinergy) to become a party to a proceeding or to tendered for filing a service agreement 5. Wisconsin Public Service participate as a party in any hearing under Cinergy’s Open Access Corporation Transmission Service Tariff (the Tariff) therein must file a motion to intervene [Docket No. ER00–1246–000] entered into between Cinergy and in accordance with the Commission’s Take notice that on January 27, 2000, Rules. Cinergy Services, Inc. (Cinergy, the Customer). Wisconsin Public Service Corporation Take further notice that, pursuant to tendered for filing an executed service This service agreement has a yearly the authority contained in and subject to agreement with Williams Energy firm transmission service with jurisdiction conferred upon the Federal Marketing and Trading Co. under its American Electric Power via the Energy Regulatory Commission by Market-Based Rate Tariff. Zimmer Generating Station Unit No. 1. Section 7 and 15 of the Natural Gas Act Wisconsin Public Service Corporation and the Commission’s Rules of Practice Cinergy and Cinergy, the Customer has requested an effective date of and Procedure, a hearing will be held are requesting an effective date of December 30, 1999. without notice before the Commission January 1, 2000. Comment date: February 17, 2000, in or its designee on this application if no Comment date: February 17, 2000, in accordance with Standard Paragraph E motion to intervene is filed within the accordance with Standard Paragraph E at the end of this notice. time required herein, if the Commission at the end of this notice. 6. Kansas City Power & Light Company on its own review of the matter finds 3. Cinergy Services, Inc. that a grant of the certificate is required [Docket No. ER00–1247–000] by the public convenience and [Docket No. ER00–1244–000] Take notice that on January 27, 2000, necessity. If a motion for leave to Take notice that on January 27, 2000, Kansas City Power & Light Company intervene is timely filed, or if the Cinergy Services, Inc. (Cinergy) (KCPL) tendered for filing nine Service Commission on its motion believes that tendered for filing a service agreement Agreements dated December 20, 1999. a formal hearing is required, further under Cinergy’s Open Access KCPL proposes an effective date of notice of such hearing will be duly Transmission Service Tariff (the Tariff) February 1, 2000. These Agreements given. entered into between Cinergy and provide for the rates and charges for Under the procedure herein provided Cinergy Services, Inc. (Cinergy, the Firm Point-to-Point Transmission for, unless otherwise advised, it will be Customer). Service by KCPL for wholesale unnecessary for Tennessee to appear or This service agreement has a yearly transactions. be represented at the hearing. firm transmission service with Northern In its filing, KCPL states that the rates Indiana Public Service Company via the included in the above-mentioned David P. Boergers, Gibson Unit No. 5 Generating Station. Service Agreements are KCPL’s rates Secretary. Cinergy and Cinergy, the Customer and charges in the compliance filing to [FR Doc. 00–2888 Filed 2–8–00; 8:45 am] are requesting an effective date of FERC Order 888–A in Docket No. BILLING CODE 6717±01±M February 1, 2000. OA97–636–000.

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Comment date: February 17, 2000, in (PGET), 7500 Old Georgetown Road, agreement pursuant to Pepco FERC accordance with Standard Paragraph E Bethesda, Maryland 20814, filed Electric Tariff, Original Volume No. 4, at the end of this notice. revisions to its Electric Rate Schedule entered into between Pepco and: No. 1 providing for the resale of Firm Cinergy Services, Inc. as agent for and 7. Duke Power a division of Duke Transmission Rights pursuant to the on behalf of The Cincinnati Gas and Energy Corporation Commission’s November 10, 1999 Order Electric Company and PSI Energy, Inc. [Docket No. ER00–1248–000] in Docket No. ER 99–3594–000. collectively Cinergy Operating Take notice that on January 27, 2000, Comment date: February 17, 2000, in Companies. Duke Power (Duke), a division of Duke accordance with Standard Paragraph E An effective date of May 6, 1999 for Energy Corporation, tendered for filing at the end of this notice. this service agreement, with waiver of notice, is requested. a Service Agreement with Clinton 11. Potomac Electric Power Company Energy Management Services, Inc. for Comment date: February 17, 2000, in power sales at market-based rates. [Docket No. ER00–1252–000] accordance with Standard Paragraph E Duke requests that the proposed Take notice that on January 27, 2000, at the end of this notice. Service Agreement be permitted to Potomac Electric Power Company 15. Northern States Power Company become effective on January 20, 2000. (Pepco) tendered for filing a service (Minnesota) and Northern States Power Duke states that this filing is in agreement pursuant to Pepco FERC Company (Wisconsin) accordance with Part 35 of the Electric Tariff, Original Volume No. 4, Commission’s Regulations and a copy entered into between Pepco and: [Docket No. ER00–1315–000] has been served on the North Carolina Delmarva Power & Light Company; Take notice that on January 28, 2000, Utilities Commission. Dayton Power and Light Company; Northern States Power Company Comment date: February 17, 2000, in Rainbow Energy Marketing Corporation (Minnesota) and Northern States Power accordance with Standard Paragraph E and Merchant Energy Group of the Company (Wisconsin) (jointly NSP), at the end of this notice. Americas, Inc. tendered for filing two firm An effective date of May 14, 1999 for 8. Virginia Electric and Power Transmission Service Agreements these service agreements, with waiver of Company between NSP and NSP Energy notice, is requested. Marketing. [Docket No. ER00–1249–000] Comment date: February 17, 2000, in NSP requests that the Commission Take notice that on January 27, 2000, accordance with Standard Paragraph E accept the Agreements effective January Virginia Electric and Power Company at the end of this notice. 1, 2000, and requests waiver of the Commission’s notice requirements in (Virginia Power) filed an amended 12. Potomac Electric Power Company Transaction Agreement (Agreement) order for the agreements to be accepted with Constellation Energy Source, Inc. [Docket No. ER00–1253–000] for filing on the date requested. (CES) pursuant to Virginia Power’s Take notice that on January 27, 2000, Comment date: February 18, 2000, in Service Agreement with CES under its Potomac Electric Power Company accordance with Standard Paragraph E FERC Electric Tariff, Second Revised (Pepco) tendered for filing a service at the end of this notice. Volume No. IV. agreement pursuant to Pepco FERC 16. Central Power and Light Company Virginia Power requests that the Electric Tariff, Original Volume No. 4, and West Texas Utilities Company Commission waive its notice of filing entered into between Pepco and DTE requirements to allow the agreement, as Energy Trading, Inc. [Docket No. ER00–1316–000] amended, to become effective January 1, An effective date of June 8, 1999 for Take notice that on January 28, 2000, 2000. this service agreement, with waiver of Central Power and Light Company Comment date: February 17, 2000, in notice, is requested. (CPL), and West Texas Utilities accordance with Standard Paragraph E Comment date: February 17, 2000, in Company (WTU), tendered for filing a at the end of this notice. accordance with Standard Paragraph E service agreement under the Central and at the end of this notice. 9. Tacoma Energy Recovery Company South West Open Access Transmission 13. Potomac Electric Power Company Tariff with Sharyland Utilities, L.P., [Docket No. ER00–1250–000] (Sharyland). Take notice that on January 27, 2000, [Docket No. ER00–1254–000] CPL and WTU seek an effective date Tacoma Energy Recovery Company Take notice that on January 27, 2000, of January 1, 2000 for the agreement. (Operator), a corporation organized Potomac Electric Power Company Copies of the filing were served on under the laws of the State of Delaware, (Pepco) tendered for filing a service Sharyland and the Public Utility petitioned the Commission for an order: agreement pursuant to Pepco FERC Commission of Texas. (1) A ccepting Operator’s Rate Schedule Electric Tariff, Original Volume No. 4, Comment date: February 18, 2000, in FERC No. 1; (2) granting waiver of entered into between Pepco and PG&E accordance with Standard Paragraph E certain requirements under Subparts B Energy Trading—Power, L.P. at the end of this notice. and C of Part 35 of the regulations; and An effective date of October 1, 1999 17. Central Vermont Public Service (3) granting certain blanket approvals. for this service agreement, with waiver Corporation Operator is an indirect subsidiary of of notice, is requested. Northern States Power Company. Comment date: February 17, 2000, in [Docket No. ER00–1317–000] Comment date: February 17, 2000, in accordance with Standard Paragraph E Take notice that on January 28, 2000, accordance with Standard Paragraph E at the end of this notice. Central Vermont Public Service at the end of this notice. 14. Potomac Electric Power Company Corporation tendered for filing Network 10. PG&E Energy Trading—Power, L.P. Integration Transmission Service [Docket No. ER00–1255–000] Agreements and Network Operating [Docket No. ER00–1251–000] Take notice that on January 27, 2000, Agreements with Vermont Electric Take notice that on January 27, 2000, Potomac Electric Power Company Cooperative, Inc.; Woodsville Fire PG&E Energy Trading-Power, L.P. (Pepco) tendered for filing a service District Water and Light Department;

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Village of Johnson Water and Light Public Service Company (SPS) as the 23. New Century Services, Inc. Department; Rochester Electric Light customer. [Docket No. ER00–1323–000] and Power Company; Village of Ludlow TNP has requested an effective date of Take notice that on January 28, 2000, Electric Light Department; Lyndonville January 1, 2000 for capacity and energy New Century Services, Inc. (NCS), on Electric Department; and Village of sales by TNP to SPS at market-based behalf of Public Service Company of Hyde Park Water and Light Department rates under these Agreements. Service to Colorado (Public Service), tendered for for service under Central Vermont’s be provided under these Agreements is filing the Master Power Purchase and Open Access Transmission Tariff No. 7. for one year. Sale Agreement between Public Service Central Vermont requests that the A copy of this filing was served upon and Black Hills Power and Light Commission waive its notice of filing SPS. Company, which is an umbrella service requirements and allow the agreements Comment date: February 18, 2000, in agreement under Public Service’s Rate to become effective as of January 1, accordance with Standard Paragraph E Schedule for Market-Based Power Sales 2000. at the end of this notice. Comment date: February 18, 2000, in (Public Service FERC Electric Tariff, accordance with Standard Paragraph E 21. Metropolitan Edison Company Original Volume No. 6). NCS requests that this agreement at the end of this notice. [Docket No. ER00–1321–000] become effective on January 24, 2000. 18. PG Power Sales Ten, L.L.C. Take notice that on January 28, 2000, Comment date: February 18, 2000, in accordance with Standard Paragraph E [Docket No. ER00–1318–000] Metropolitan Edison Company (doing business and referred to as GPU Energy), at the end of this notice. Take notice that, on January 28, 2000, tendered for filing an amendment to the PG Power Sales Ten, L.L.C., tendered for 24. New Century Services, Inc. Generation Facility Transmission filing initial FERC electric service tariff, Interconnection Agreement between [Docket No. ER00–1324–000] Rate Schedule No. 1, and a petition for GPU Energy and Solar Turbines Take notice that on January 28, 2000, blanket approvals and waivers of Incorporated. (Metropolitan Edison New Century Services, Inc., on behalf of various Commission regulations under Company, Rate Schedule FERC No. 75). Cheyenne Light, Fuel and Power the Federal Power Act. The amendment consists of new Company, Public Service Company of Comment date: February 18, 2000, in Schedule 1 of Appendix E, which Colorado, and Southwestern Public accordance with Standard Paragraph E amends the interconnection agreement Service Company (collectively at the end of this notice. by providing for a fee of $576.40 per Companies), tendered for filing a 19. Wisconsin Energy Corporation month to compensate GPU Energy for Service Agreement under their Joint Operating Companies relaying PJM operating orders. Open Access Transmission Service Tariff for Long Term Firm Point-to-Point [Docket No. ER00–1319–000 Copies of the filing were served upon Solar Turbines and regulators in the Transmission Service between the Take notice that on January 28, 2000, Commonwealth of Pennsylvania. Companies and West Texas Municipal Wisconsin Energy Corporation Comment date: February 18, 2000, in Power Agency. Operating Companies (WEC), tendered Comment date: February 18, 2000, in accordance with Standard Paragraph E for filing a charge for Schedule 2 accordance with Standard Paragraph E at the end of this notice. (Reactive Supply and Voltage Control at the end of this notice. from Generation Sources Service) of 22. Jersey Central Power & Light 25. Cleco Utility Group Inc. Wisconsin Energy Corporation Company and Metropolitan Edison Operating Companies’ FERC Electric Company Docket No. ER00–1304–000 Tariff, Original Volume No. 1. WEC also [Docket No. ER00–1322–000] Take notice that on January 27, 2000 made an addition to Exhibit C Cleco Utility Group Inc., Transmission (Methodology to Assess Available Take notice that on January 28, 2000, services (CLECO), tendered for filing Transmission Capacity) to the OATT to Jersey Central Power & Light Company service agreements for short term firm clarify that other analytic tools may be and Metropolitan Edison Company point-to-point transmission service used in addition to the cited PTI PSS/ (each doing business and hereinafter under its Open Access Transmission E load flow program. collectively referred to as GPU Energy), Tariff with Central and South West WEC requests an effective date of tendered for filing a letter agreement Services, Inc., (CSWS). March 28, 2000. (Agreement) between GPU Energy and CLECO requests an effective date of Copies of the filing have been served PECO Energy (PECO). Under the January 20, 2000. on all transmission service customers, Agreement, PECO has agreed to accept Comment date: February 17, 2000, in the Michigan Public Service certain operational and financial accordance with Standard Paragraph E Commission, and the Public Service responsibilities, including those set at the end of this notice. Commission of Wisconsin. forth in the GPU Energy’s procedure Comment date: February 18, 2000, in manuals, associated with PECO acting 26. Dightom Power Associates Limited accordance with Standard Paragraph E as the Load Serving Entity for the New Partnerships, FPL Energy, L.L.C., at the end of this notice. Jersey boroughs of Butler, Lavallette, Southern Energy New England, L.L.C. Madison, Pemberton, and Seaside and Southern Energy Kendall, L.L.C. v. 20. Texas-New Mexico Power Company Heights, and the Pennsylvania borough ISO New England, Inc. [Docket No. ER00–1320–000] of Middletown. [Docket No. EL00–40–000] Take notice that on January 28, 2000, Copies of the filing were served upon Take notice that on February 1, 2000, Texas-New Mexico Power Company PECO and regulators in the State of New Dighton Power Associates Limited (TNP), tendered for filing under TNP’s Jersey and the Commonwealth of Partnerships, FPL Energy, L.L.C., Market-Based Rate Tariff an executed Pennsylvania. Southern Energy New England, L.L.C., Power Sale Agreement and companion Comment date: February 18, 2000, in Southern Energy Kendall, L.L.C., Service Agreement for Negotiated accordance with Standard Paragraph E tendered for filing pursuant to Sections Market-Based Rates with Southwestern at the end of this notice. 206 and 306 of the Federal Power Act

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6369 a complaint against ISO New England, SUMMARY: Agrium U.S., Inc., has printed, paper versions of any electronic Inc. withdrawn its application to register a comments submitted during an Comment date: February 22, 2000, in pesticide product containing the active applicable comment period, is available accordance with Standard Paragraph E ingredient Burkholderia cepacia strain for inspection in the Public Information at the end of this notice. Ral-3 (EPA File Symbol 70724–R). The and Records Integrity Branch (PIRIB), application is withdrawn without Rm. 119, Crystal Mall #2, 1921 Jefferson 27. Northern Maine Independent prejudice to future filing for registration Davis Hwy., Arlington, VA, from 8:30 System Administrator, Inc. of products containing Burkholderia a.m. to 4 p.m., Monday through Friday, [Docket No. ES00–17–000] cepacia strain Ral-3. excluding legal holidays. The PIRIB Take notice that on January 28, 2000, FOR FURTHER INFORMATION CONTACT: telephone number is (703) 305–5805. the Northern Maine Independent Denise L. Greenway, c/o Product III. Background Information System Administrator, Inc. (NMISA) Manager 91, Biopesticides and Pollution EPA issued a notice in the Federal submitted an application under Section Prevention Division (7511C), Office of Register on March 24, 1998 (63 FR 204 of the Federal Power Act, requesting Pesticide Programs, Environmental 14114) (FRL–5780–3), which announced authorization to enter into a $1,000,000 Protection Agency, Ariel Rios Building, the Agrium U.S., Inc. submission of an revolving line of credit with an effective 1200 Pennsylvania Avenue, NW., application to register a pesticide date of no later than March 1, 2000. Washington, DC 20460, telephone product (EPA File Symbol 70724–R) NMISA also requests that the number (703) 308–8263, e-mail address: Commission waive its competitive containing an active ingredient, the [email protected]. microbial pesticide Burkholderia bidding or negotiated placement SUPPLEMENTARY INFORMATION: requirements of 18 CFR 34.2. cepacia strain Ral-3, an active Comment date: February 23, 2000, in I. Does this Action Apply to Me? ingredient not included in any previously registered pesticide product. accordance with Standard Paragraph E Although this action only applies to at the end of this notice. Subsequently, EPA issued a correction the registrant in question, it is directed notice in the Federal Register on April Standard Paragraph to the public in general. Since various 15, 1998 (63 FR 18410) (FRL–5783–3) individuals or entities may be E. Any person desiring to be heard or for the microbial pesticide Burkholderia interested, the Agency has not to protest such filing should file a cepacia strain Ral-3. attempted to describe all the specific motion to intervene or protest with the The application was the subject of a entities that may be interested in this Federal Energy Regulatory Commission, joint review with the Pest Management action. If you have any questions 888 First Street, NE, Washington, DC Regulatory Agency of Health Canada, regarding this action, please consult the 20426, in accordance with Rules 211 where the application was also person listed under ‘‘FOR FURTHER and 214 of the Commission’s Rules of withdrawn from further consideration INFORMATION CONTACT.’’ Practice and Procedure (18 CFR 385.211 by the applicant. EPA received comments from the and 385.214). All such motions or II. How Can I Get Additional Allegheny University of the Health protests should be filed on or before the Information, Including Copies of this Sciences, the University of Edinburgh comment date. Protests will be Document and Other Related Medical School, Children’s Hospital of considered by the Commission in Documents? Oklahoma, the University of British determining the appropriate action to be 1. Electronically. You may obtain Columbia, and the Cystic Fibrosis taken, but will not serve to make electronic copies of this document, and Foundation. EPA co-chaired and protestants parties to the proceeding. certain other related documents that participated in a symposium entitled, Any person wishing to become a party might be available electronically, from ‘‘Burkholderia cepacia–Friend or Foe?,’’ must file a motion to intervene. Copies the EPA Internet Home Page at http:// at a joint meeting of the American of these filings are on file with the www.epa.gov/. To access this Phytopathological Society (APS) and the Commission and are available for public document, on the Home Page select Entomological Society of America inspection. This filing may also be ‘‘Laws and Regulations’’ and then look (ESA). EPA held and participated in an viewed on the Internet at http:// up the entry for this document under inter-Agency meeting entitled, ‘‘Risk www.ferc.fed.us/ online/rims.htm (call the ‘‘Federal Register—Environmental Assessment for Intentional Use of 202–208–2222 for assistance). Documents.’’ You can also go directly to Opportunistic Pathogens,’’ with the David P. Boergers, the Federal Register listings at http:// Food and Drug Administration (FDA), Secretary. www.epa.gov/fedrgstr/. the United States Department of [FR Doc. 00–2885 Filed 2–8–00; 8:45 am] 2. In person. The Agency has Agriculture (USDA), the Centers for established an official record for this Disease Control and Prevention (CDC) BILLING CODE 6717±01±P action under docket control number within the Department of Health and OPP–30451B. The official record Human Services (HHS), the National consists of the documents specifically Institutes of Health (NIH), the National ENVIRONMENTAL PROTECTION referenced in this action and other Institute of Environmental Health AGENCY information related to this action, Sciences, and Health Canada. EPA also [OPP±30451B; FRL±6487±3] including any information claimed as participated in several meetings of the Confidential Business Information (CBI). International Burkholderia cepacia Burkholderia cepacia Strain Ral-3; This official record includes the Working Group (IBCWG) and held and Withdrawal of an Application to documents that are physically located in participated in a Federal Insecticide, Register a Pesticide Product the docket, as well as the documents Fungicide, and Rodenticide Act (FIFRA) Containing a New Active Ingredient that are referenced in those documents. Scientific Advisory Panel (SAP) meeting AGENCY: Environmental Protection The public version of the official record entitled, ‘‘Burkholderia cepacia: Risk Agency (EPA). does not include any information Assessment of a Biopesticide with claimed as CBI. The public version of Affinities to a Human Opportunistic ACTION: Notice. the official record, which includes Pathogen,’’ a record of which is

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 6370 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices available at http://www.epa.gov/ provided in Unit I.C. of the information claimed as CBI. The public scipoly/sap/1999/index.htm#july. ‘‘SUPPLEMENTARY INFORMATION.’’ version of the official record, which To ensure proper receipt by EPA, it is includes printed, paper versions of any IV. What Action is the Agency Taking? imperative that you identify docket electronic comments submitted during EPA is announcing that Agrium U.S., control number OPP–50865 in the an applicable comment period is Inc., South Ulster St., Suite 1400, subject line on the first page of your available for inspection in the Public Denver, CO 80237, has withdrawn its response. Information and Records Integrity application to register a microbial FOR FURTHER INFORMATION CONTACT: By Branch (PIRIB), Rm. 119, Crystal Mall pesticide containing Burkholderia mail: Alan Reynolds, Biopesticides and #2, 1921 Jefferson Davis Hwy., cepacia strain Ral-3, as provided for in Pollution Prevention Division (7511C), Arlington, VA, from 8:30 a.m. to 4 p.m., section 3(c)(7)(C) of the Federal Office of Pesticide Programs, Monday through Friday, excluding legal Insecticide, Fungicide, and Rodenticide Environmental Protection Agency, Ariel holidays. The PIRIB telephone number Act (FIFRA), as amended by the Food Rios Bldg., 1200 Pennsylvania Ave., is (703) 305–5805. Quality Protection Act of 1996 (FQPA). NW., Washington, DC 20460; telephone C. How and to Whom Do I Submit Burkholderia cepacia strain Ral-3 is an number: (703) 605–0515; and e-mail Comments? active ingredient not included in any address: [email protected]. previously registered pesticide product. You may submit comments through SUPPLEMENTARY INFORMATION: Burkholderia cepacia strain Ral-3 had the mail, in person, or electronically. To been proposed as a microbial pesticide I. General Information ensure proper receipt by EPA, it is imperative that you identify docket for commercial indoor application to A. Does this Action Apply to Me? seed and/or seedlings of conifers and control number OPP–50865 in the deciduous trees. This action is directed to the public subject line on the first page of your in general. This action may, however, be response. List of Subjects of interest to those persons who are or 1. By mail. Submit your comments to: Environmental protection, Pesticides may be required to conduct testing of Public Information and Records and pests. plant-pesticides under the Federal Food, Integrity Branch (PIRIB), Information Drug, and Cosmetic Act (FFDCA), or the Resources and Services Division Dated: January 21, 2000. Federal Insecticide, Fungicide, and (7502C), Office of Pesticide Programs Janet L. Andersen, Rodenticide Act (FIFRA). Since other (OPP), Environmental Protection Director, Biopesticides and Pollution entities may also be interested, the Agency, Ariel Rios Bldg., 1200 Prevention Division, Office of Pesticide Agency has not attempted to describe all Pennsylvania Ave., NW., Washington, Programs. the specific entities that may be affected DC 20460. [FR Doc. 00–2954 Filed 2–8–00; 8:45 am] by this action. If you have any questions 2. In person or by courier. Deliver BILLING CODE 6560±50±F regarding the applicability of this action your comments to: Public Information to a particular entity, consult the person and Records Integrity Branch (PIRIB), listed under ‘‘FOR FURTHER Information Resources and Services ENVIRONMENTAL PROTECTION INFORMATION CONTACT.’’ Division (7502C), Office of Pesticide AGENCY Programs (OPP), Environmental B. How Can I Get Additional [OPP±50865; FRL±6488±4] Protection Agency, Rm. 119, Crystal Information, Including Copies of This Mall #2, 1921 Jefferson Davis Highway, Document and Other Related Plant-Pesticide Insect-Protected Arlington, VA. The PIRIB is open from Documents? Soybean Experimental Use Permit; 8:30 a.m. to 4 p.m., Monday through Receipt of Application 1. Electronically. You may obtain Friday, excluding legal holidays. The electronic copies of this document, and AGENCY: PIRIB telephone number is (703) 305– Environmental Protection certain other related documents that Agency (EPA). 5805. might be available electronically, from 3. Electronically . You may submit ACTION: Notice. the EPA Internet Home Page at http:// your comments electronically by e-mail SUMMARY: This notice announces receipt www.epa.gov/. To access this to: ‘‘[email protected],’’ or you can of application 524–EUP–OR from document, on the Home Page select submit a computer disk as described Monsanto Company, 700 Chesterfield ‘‘Laws and Regulations’’ and then look above. Do not submit any information Parkway North, St. Louis, Missouri up the entry for this document under electronically that you consider to be 63198, requesting an experimental use the ‘‘Federal Register-Environmental CBI. Avoid the use of special characters permit (EUP) for the Cry1Ac protein and Documents.’’ You can also go directly to and any form of encryption. Electronic the genetic material necessary for its the Federal Register listings at http:// submissions will be accepted in production (Vector PV–GMBT01) in www.epa.gov/fedrgstr/. WordPerfect 6.1/8.0 or ASCII file 2. In person. The Agency has soybean. The Agency has determined format. All comments in electronic form established an official record for this that this application may be of regional must be identified by docket control action under docket control number and national significance. Therefore, in number OPP–50865. Electronic OPP–50865. The official record consists accordance with 40 CFR 172.11(a), the comments may also be filed online at of the documents specifically referenced Agency is soliciting comments on this many Federal Depository Libraries. in this action, and other information application. related to this action, including any D. How Should I Handle CBI That I DATES: Comments, identified by docket information claimed as Confidential Want to Submit to the Agency? control number OPP–50865, must be Business Information (CBI). This official Do not submit any information received on or before March 10, 2000. record includes the documents that are electronically that you consider to be ADDRESSES: Comments and data may be physically located in the docket, as well CBI. You may claim information that submitted by mail, electronically, or in as the documents that are referenced in you submit to EPA in response to this person. Please follow the detailed those documents. The public version of document as CBI by marking any part or instructions for each method as the official record does not include any all of that information as CBI.

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Information so marked will not be III. What Action is the Agency Taking? late, incomplete or fax proposals will disclosed except in accordance with not be considered. procedures set forth in 40 CFR part 2. Following the review of the Monsanto William Matuszeski, In addition to one complete version of Company application and any the comment that includes any comments and data received in response Director, Chesapeake Bay Program. information claimed as CBI, a copy of to this notice, EPA will decide whether [FR Doc. 00–2826 Filed 2–8–00; 8:45 am] the comment that does not contain the to issue or deny the EUP request for this BILLING CODE 6560±50±M information claimed as CBI must be EUP program, and if issued, the submitted for inclusion in the public conditions under which it is to be version of the official record. conducted. Any issuance of an EUP will FEDERAL DEPOSIT INSURANCE Information not marked confidential be announced in the Federal Register. CORPORATION will be included in the public version of the official record without prior List of Subjects Agency Information Collection notice. If you have any questions about Activities: Proposed Collection; Environmental protection, Comment Request CBI or the procedures for claiming CBI, Experimental use permits. please consult the person identified AGENCY: Federal Deposit Insurance under ‘‘FOR FURTHER INFORMATION Dated: January 21, 2000. Corporation (FDIC). CONTACT.’’ Janet L. Andersen, ACTION: Notice and request for E. What Should I Consider as I Prepare Director, Biopesticides and Pollution comment. My Comments for EPA? Prevention Division, Office of Pesticide Programs. SUMMARY: The FDIC, as part of its You may find the following [FR Doc. 00–2485 Filed 2–8–00; 8:45 am] continuing effort to reduce paperwork suggestions helpful for preparing your BILLING CODE 6560±50±F and respondent burden, invites the comments: general public and other Federal 1. Explain your views as clearly as agencies to take this opportunity to possible. ENVIRONMENTAL PROTECTION comment on proposed and/or 2. Describe any assumptions that you AGENCY continuing information collections, as used. required by the Paperwork Reduction 3. Provide copies of any technical Act of 1995 (44 U.S.C. chapter 35). [FRL±6534±4] information and/or data you used that Currently, the FDIC is soliciting support your views. comments concerning an information 4. If you estimate potential burden or Request for Qualifications and Preliminary Proposals for collection titled ‘‘Applicant Background costs, explain how you arrived at the Questionnaire.’’ estimate that you provide. Communications, Outreach and DATES: 5. Provide specific examples to Education Comments must be submitted on illustrate your concerns. or before April 10, 2000. 6. Offer alternative ways to improve The U.S. Environmental Protection ADDRESSES: Interested parties are the notice. Agency (EPA) is issuing a request for invited to submit written comments to 7. Make sure to submit your qualifications and preliminary Tamara R. Manly, Management Analyst comments by the deadline in this proposals for organizations interested in (Regulatory Analysis), (202) 898–7453, document. assisting the Chesapeake Bay Program in Office of the Executive Secretary, Room 8. To ensure proper receipt by EPA, its effort to provide the 4058, Attention: Comments/OES, be sure to identify the docket control communications, outreach and Federal Deposit Insurance Corporation, number assigned to this action in the education components of the Bay 550 17th Street NW, Washington, DC 20429. All comments should refer to subject line on the first page of your Program partnership. Applicants must ‘‘Applicant Background Questionnaire.’’ response. You may also provide the be a non-profit organization, interstate Comments may be hand-delivered to the name, date, and Federal Register agency, college or university institution. citation. guard station at the rear of the 17th The organization must have conducted Street Building (located on F Street), on II. Proposed Experimental Programs work within the Chesapeake Bay business days between 7:00 a.m. and The subject program proposes to test watershed. Note, this is a request for 5:00 p.m. [FAX number (202) 898–3838; and evaluate genetically modified proposals for the benefit of the Internet address: [email protected]]. soybean that has been developed to Chesapeake Bay Program partnership A copy of the comments may also be provide control of velvetbean caterpillar and not for direct benefit to EPA. submitted to the OMB desk officer for (Anticarsia gemmatalis), stem borer Funding will be provided to an the FDIC: Alexander Hunt, Office of (Epinotia aporema), and soybean looper organization under the authority of the Information and Regulatory Affairs, (Pseudoplusia includens). Monsanto Clean Water Act, Section 117(a) and (b). Office of Management and Budget, New Company proposes to plant 66.5 acres of An original and 5 copies of proposals Executive Office Building, Room 3208, the plant-pesticide in Alabama, must be received by the US EPA, Washington, DC 20503. Arkansas, Georgia, Illinois, Indiana, Chesapeake Bay Program by close of FOR FURTHER INFORMATION CONTACT: Iowa, Kansas, Louisiana, Maryland, business March 3, 2000. The RFP is Tamara R. Manly, at the address Mississippi, Missouri, North Carolina, available at the following web-site: identified above. Pennsylvania, and Tennessee on March http://www.epa.gov/r3chespk/ You may SUPPLEMENTARY INFORMATION: 1, 2000. All plantings of soybean also request a copy by calling Robert containing the Cry1Ac protein under Proposal To Add the Following this experimental program will be Shewack at 410–267–9856 or by E-mail Collection of Information at: [email protected]. All contained during the experimental Title: Applicant Background program. No portion of the crop will be proposals must be received by EPA by Questionnaire. used for food or feed. close of business March 3, 2000. Any OMB Number: new collection.

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Frequency of Response: Occasional. FEDERAL ELECTION COMMISSION PERSON TO CONTACT FOR INFORMATION: Affected Public: Potential FDIC Mr. Ron Harris, Press Officer, Sunshine Act Meeting employment applicants. Telephone: (202) 694–1220. Estimated Number of Respondents: PREVIOUSLY ANNOUNCED DATE AND TIME: Mary W. Dove, 16,000. Wednesday, February 9, 2000, 10:00 Acting Secretary of the Commission. Estimated Time per Response: 3 a.m., Meeting Open to the Public. [FR Doc. 00–3152 Filed 2–7–00; 2:58 pm] minutes. The following items were added to BILLING CODE 6715±01±M the agenda. Estimated Total Annual Burden: 800 1996 Republican National Convention hours. Committee on Arrangements— FEDERAL MARITIME COMMISSION General Description of Collection: The Administrative Review of Repayment FDIC Applicant Background Determination, Proposed Statement of Notice of Agreement(s) Filed Questionnaire will be completed Reasons (LRA#472). The Commission hereby gives notice voluntarily by FDIC job applicants who Express Advocacy Rule (11 CFR of the filing of the following are not currently FDIC employees. 100.22). agreement(s) under the Shipping Act of Responses to questions on the survey Legislative Recommendations, 2000. 1984. Interested parties can review or will provide information on gender, age, DATE AND TIME: Tuesday, February 15, obtain copies of agreements at the disability, race/national origin, and the 2000, 10:00 a.m. Washington, DC offices of the Commission, 800 North Capitol Street, applicant’s source of vacancy PLACE: 999 E Street, NW, Washington, announcement information. Data will be DC NW, Room 962. Interested parties may used by the Office of Diversity and submit comments on an agreement to STATUS: This Meeting Will Be Closed to Economic Opportunity and the the Secretary, Federal Maritime the Public Personnel Services Branch to evaluate Commission, Washington, DC 20573, the effectiveness of various recruitment ITEMS TO BE DISCUSSED: Compliance within 10 days of the date this notice methods used by the FDIC to ensure that matters pursuant to 2 U.S.C. 437g. appears in the Federal Register. Agreement No.: 217–011688. the agency meets workforce diversity Audits conducted pursuant to 2 Title: Iceland Steamship/Samskip Slot objectives. U.S.C. 437g, 438(b), and Title 26, U.S.C. Matters concerning participation in Charter Agreement. Request for Comment civil actions or proceedings or Parties: Iceland Steamship Company arbitration. Ltd. (Eimskip) Samskip hf. Synopsis: Under the proposed Comments are invited on: (a) Whether Internal personnel rules and agreement, Samskip agrees to charter the collection of information is procedures or matters affecting a space on Eimskip vessels in the trade necessary for the proper performance of particular employee. the FDIC’s functions, including whether between U.S. East Coast ports and DATE AND TIME: Wednesday, February the information has practical utility; (b) Iceland. This agreement replaces the 16, 2000, 10:00 a.m. the accuracy of the estimates of the parties’ previous agreement that expired burden of the information collection, PLACE: 999 E Street, NW, Washington, on January 31, 2000. The parties request including the validity of the DC (Ninth Floor). expedited review. methodology and assumptions used; (c) STATUS: This Hearing Will Be Open to By Order of the Federal Maritime ways to enhance the quality, utility, and the Public. Commission. clarity of the information to be MATTERS BEFORE THE COMMISSION: Notice Dated: February 4, 2000. collected; and (d) ways to minimize the of Proposed Rulemaking on General Bryant L. VanBrakle, burden of the information collection on Public Political Communications Secretary. respondents, including through the use Coordinated with Candidates. [FR Doc. 00–2939 Filed 2–8–00; 8:45 am] of automated collection techniques or DATE AND TIME: Thursday, February 17, BILLING CODE 6730±01±P other forms of information technology. 2000, 10:00 a.m. PLACE: At the end of the comment period, the 999 E Street, NW, Washington, FEDERAL MARITIME COMMISSION comments and recommendations DC (Ninth Floor). received will be analyzed to determine STATUS: This Meeting Will Be Closed to Ocean Transportation Intermediary the extent to which the collection the Public. License Applicants should be modified prior to submission ITEMS TO BE DISCUSSED: Correction and Notice is hereby given that the to OMB for review and approval. Approval of Minutes. following applicants have filed with the Comments submitted in response to this 1996 Democratic National Convention Federal Maritime Commission notice also will be summarized or Committee, Inc—Administrative Review applications for licenses as Non-Vessel included in the FDIC’s requests to OMB of Repayment Determination, Proposed Operating Common Carrier and Ocean for renewal of this collection. All Statement of Reasons (LRA#471). Freight Forwarder—Ocean comments will become a matter of Advisory Opinion 1999–39: WellPoint Transportation Intermediaries pursuant public record. Health Networks Political Action to section 19 of the Shipping Act of Dated at Washington, DC, this 3rd day of Committee by counsel, James A. 1984 as amended (46 U.S.C. app. 1718 February 2000. Sivesind. and 46 CFR part 515). Federal Deposit Insurance Corporation. Final Rules and Statement of Basis Persons knowing of any reason why and Purpose Implementing the any of the following applicants should Robert E. Feldman. Electronic Freedom of Information Act not receive a license are requested to Executive Secretary. Amendments. contact the Office of Freight Forwarders, [FR Doc. 00–2903 Filed 2–8–00; 8:45 am] Status of Regulations. Federal Maritime Commission, BILLING CODE 6714±01±U Administrative Matters. Washington, DC 20573.

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Non-Vessel-Operating Common actions) involving individual Federal Barcelo, Washington, D.C. has been re- Carrier Ocean Transportation Reserve System employees. scheduled for March 19–21, 2000. The Intermediary Applicants: 2. Any items carried forward from a meeting of the Presidential Advisory Logis Services of America, Inc., 3027 previously announced meeting. Council on HIV/AIDS will take place on Marina Bay Drive, Suite 110, League CONTACT PERSON FOR MORE INFORMATION: Monday, March 20, and Tuesday, March City, TX 77573, Officers: Louis De Lynn S. Fox, Assistant to the Board; 21, and Tuesday, (8:30 a.m. to 6 p.m. on Scioli, President (Qualifying 202–452–3204. Monday and Tuesday) at the Radisson- Individual), Michael Reed, Secretary SUPPLEMENTARY INFORMATION: You may Barcelo, 2121 P Street, NW, USAS Express Int’l, Inc., 11099 S. La call 202–452–3206 beginning at Washington, D.C. 20037. The meetings Cienega Blvd., Suite 265, Los Angeles, approximately 5 p.m. two business days will be open to the public. CA 90045, Officers: Hong S. Kim, before the meeting for a recorded The purpose of the subcommittee Secretary (Qualifying Individual) announcement of bank and bank meetings will be to finalize any Young II Choi, President holding company applications recommendations and assess the status Vayer L.A., Inc., 11755 Sheldon Street, scheduled for the meeting; or you may of previous recommendations made to Sun Valley, CA 91352, Officers: Arik contact the Board’s Web site at http:// the Administration. The agenda of the Hezroni, Treasurer (Qualifying www.federalreserve.gov for an Presidential Advisory Council on HIV/ Individual), Hasday Aroch, President electronic announcement that not only AIDS may include presentations from Gulf Logistics & Projects Co., Inc., 769 lists applications, but also indicates the Council’s subcommittees, Bradfield Road, Houston, TX 77060, procedural and other information about Appropriations, Discrimination, Officer: Jeong Dae Kim, President the meeting. International, Prevention, Prison, Racial (Qualifying Individual) Ethnic Populations, Research, and ANA Link, Ltd., 177–25 Rockaway Dated: February 4, 2000. Services Issues. Blvd., Suite 205, Jamaica, NY 11434, Robert deV. Frierson, Daniel C. Montoya, Executive Officer: Tal Y. Yo, President Associate Secretary of the Board. Director, Presidential Advisory Council (Qualifying Individual) [FR Doc. 00–3030 Filed 2–4–00; 4:51 pm] on HIV and AIDS, Office of National C.F.L. Freight Service, Inc., 2089 S. BILLING CODE 6210±01±P AIDS Policy, 736 Jackson Place, NW, Atlantic Blvd., Suite H, Monterey Washington, DC 20503, Phone (202) Park, CA 91754, Officers: Po-Hsun 456–2437, Fax (202) 456–2438, will Huang, Secretary (Qualifying GENERAL SERVICES furnish the meeting agenda and roster of Individual) Bonnet Fan, President ADMINISTRATION/OFFICE OF committee members upon request. Any Non-Vessel-Operating Common PERSONNEL MANAGEMENT individual who requires special Carrier and Ocean Freight Forwarder assistance, such as sign language Transportation Intermediary Applicants: Office of Communications; interpretation or other reasonable Global Caribbean, Inc., 12000 Biscayne Cancellation of a Standard Form accommodations, should contact Blvd., Suite 106, Miami, FL 33181, Andrea Hall at (301) 986–4870 no later AGENCY: General Services Officers: Sandra Rivera, Secretary than February 29, 2000. (Qualifying Individual) Jose Luis Administration. Rivera, President ACTION: Notice. Daniel C. Montoya, H.L.M. Cargo Corp. d/b/a Sea Line Executive Director, Presidential Advisory Express, 5567 NW, 72 Avenue, SUMMARY: The following Standard Form Council on HIV and AIDS. Miami, FL 33166, Officers: Nilo E. is canceled because of low usage: [FR Doc. 00–2726 Filed 2–8–00; 8:45 am] Villena, Jr., President (Qualifying Of 5, Inquiry As to Availability. BILLING CODE 3195±01±M Individual) Nilo E. Villena, Sr., Vice DATES: Effective February 9, 2000. President FOR FURTHER INFORMATION CONTACT: Ms. Dated: February 4, 2000. Barbara Williams, General Services DEPARTMENT OF HEALTH AND HUMAN SERVICES Bryant L. VanBrakle, Administration, (202) 501–0581. Secretary. Dated: January 24, 2000. National Committee on Vital and Health [FR Doc. 00–2938 Filed 2–8–00; 8:45 am] Barbara M. Williams, Statistics; Meeting BILLING CODE 6730±01±P Deputy Standard and Optional Forms Management Officer. Pursuant to the Federal Advisory [FR Doc. 00–2953 Filed 2–8–00; 8:45am] Committee Act, the Department of FEDERAL RESERVE SYSTEM Health and Human Services announces BILLING CODE 6820±34±M the following advisory committee Sunshine Act Meeting meeting. Name: National Committee on Vital and Agency Holding the Meeting: DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Statistics (NCVHS). Board of Governors of the Federal Times and Dates: 9:00 a.m.–5:30 p.m., February 23, 2000 Reserve System. Office of National AIDS Policy; Notice of Meeting of the Presidential Advisory 9:00 a.m.–5:00 p.m., February 24, 2000 TIME AND DATE: 11 a.m., Monday, Place: Conference Room 703A, Hubert H. February 14, 2000. Council on HIV/AIDS and its Subcommittees Humphrey Building, 200 Independence PLACE: Marriner S. Eccles Federal Avenue, SW, Washington DC 20201. Reserve Board Building, 20th and C January 15, 2000. Status: Open. Streets, NW, Washington, DC 20551. Purpose: The National Committee on Vital Pursuant to P.L. 92–463, notice is and Health Statistics is planning to meet on STATUS: Closed. hereby given of the meeting of the February 23–24, 2000. The meeting will MATTERS TO BE CONSIDERED: 1. Personnel Presidential Advisory Council on HIV/ focus on a variety of health data policy and actions (appointments, promotions, AIDS that was previously scheduled on privacy issues. Department officials will assignments, reassignments, and salary February 13–15, 2000, at the Radisson- update the Committee on recent activities of

VerDate 272000 17:14 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6374 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices the HHS Data Council and the status of HHS Name: National Vaccine Advisory multifaceted and holistic approach to activities in implementing the administrative Committee (NVAC). reducing barriers that result in low simplification provisions of Pub. L. 104–191, Times and Dates: 9 a.m.–2:45 p.m., immunization coverage for children. the Health Insurance Portability and February 28, 2000. Matters to be Discussed: Agenda items will Accountability Act of 1996 (HIPAA). The 8:30 a.m.–4:15 p.m., February 29, 2000. include updates on the Working Group on Committee also will discuss and take action Place: Hubert H. Humphrey Building, Adult Immunization Standards; the on its annual report to Congress on the Room 505A, 200 Independence Avenue, SW, implementation of NVAC’s recommendations Implementation of HIPAA. In addition, the Washington, DC 20201. on Adult Immunization; the process for Committee will discuss a draft of its Status: Open to the public, limited only by Strategies to Sustain Success paper; forthcoming report to HHS on standards for the space available. discussions of Philosophical Exemptions; patient medical record information. An Notice: In the interest of security, the and discussions on Adolescent export panel will discuss summary measures Department has instituted stringent Immunization. of population health, and IOM procedures for entrance to the Hubert H. Name: Subcommittee on Vaccine Safety representatives will brief the Committee on Humphrey Building by non-government and Communication. the IOM medical errors report. Subcommittee employees. Thus, persons without a Time and Date: 2:45 p.m.–5 p.m., February breakout sessions also are planned. government identification card should plan 28, 2000. All topics are tentative and subject to to arrive at the building each day either Place: Hubert H. Humphrey Building, change. Prior to the meeting, please check the between 8 a.m. and 8:30 a.m. or 12:30 p.m. Room 325A, 200 Independence Avenue, SW, NCVHS web site, where a detailed agenda and 1 p.m. Entrance to the meeting at other Washington, DC 20201. will be posted when available. times during the day cannot be assured. Status: Open to the public, limited only by Purpose: This committee advises and Contact Person for More Information: the space available. makes recommendations to the Director of Substantive information as summaries of Purpose: This subcommittee reviews issues the National Vaccine Program on matters NCVHS meetings and a roster of committee relevant to vaccine safety and adverse related to the Program responsibilities. members may be obtained by visiting the reactions to vaccines. Matters to be Discussed: Agenda items will NCVHS website (http://ncvhs.hhs.gov) where Matters to be Discussed: Plans for NVAC include: an update on the National Vaccine Workshop on Risk Communication; Plans for an agenda for the meeting will be posted Program Office (NVPO) activities; an update a Workshop on Surveillance for Rare Events; when available. Additional information may on Unmet Needs Funding; an update on update on Pediatric Standards of be obtained by calling James Scanlon, Pandemic Planning; Global Plan of Action for Immunization; update on Rotavirus Vaccine. NCVHS Executive Staff Director, Office of the Laboratory Containment of Poliovirus; an Assistant Secretary for Planning and update on Polio Eradication; Global Agenda items are subject to change as Evaluation, DHHS, Room 440–D. Humphrey Vaccines—White House Initiatives; Emerging priorities dictate. Building, 200 Independence Avenue, SW, Issues in Vaccine Safety; Vaccine Safety and FOR FURTHER INFORMATION: Gloria Sagar, Washington, DC 20201, telephone (202) 690– Communication Subcommittee Report; Committee Management Specialist, 7100, or Marjorie S. Greenberg, Executive Immunization Coverage Subcommittee Secretary, NCVHS, NCHS, CDC, Room 1100, NVPO, CDC, 1600 Clifton Road, NE, M/ Report; Future Vaccines Subcommittee S D–66, Atlanta, Georgia 30333, Presidential Building, 6525 Belcrest Road, Report; update from the Office of the Hyattsville, Maryland 20782, telephone (301) Assistant Secretary for Health and Surgeon telephone 404/687–6672. 458–4245. General; Healthy People 2010-Update on The Director, Management Analysis Note: In the interest of security, the Vaccines; Annual Report on the Vaccine and Services Office, has been delegated Department has instituted stringent Injury Compensation Program; ACIP Annual the authority to sign Federal Register procedures for entrance to the Hubert H. Report; Budget Status on 317, CBER, notices pertaining to announcements of Humphrey Building by non-government Pandemic Influenza and Vaccine Safety meetings and other committee employees. Thus, individuals without a Implementation Plan; and an update on management activities, for both the government identification card may need to Immunization Registries. Centers for Disease Control and have the guard call for an escort to the Name: Subcommittee on Future Vaccines. Prevention and the Agency for Toxic meeting room. Time and Date: 2:45 p.m.–5:00 p.m., Substances and Disease Registry. February 28, 2000. Dated: February 2, 2000. Place: Hubert H. Humphrey Building, Dated: February 2, 2000. James Scanlon, Room 305A, 200 Independence Avenue, SW, Carolyn J. Russell, Director, Division of Data Policy. Washington, DC 20201. Director, Management Analysis and Services [FR Doc. 00–2960 Filed 2–8–00; 8:45 am] Status: Open to the public, limited only by Office, Centers for Disease Control and the space available. Prevention. BILLING CODE 4151±04±M Purpose: This subcommittee develops policy options and guides national activities [FR Doc. 00–2900 Filed 2–8–00; 8:45 am] that lead to accelerated development, BILLING CODE 4163±18±P DEPARTMENT OF HEALTH AND licensure, and the best use of new vaccines HUMAN SERVICES in the simplest possible immunization schedules. DEPARTMENT OF HEALTH AND Centers for Disease Control and Matters to be Discussed: Agenda items will HUMAN SERVICES Prevention include discussions on the Institute of Medicine Report ‘‘Vaccines for the 21st Administration for Children and National Vaccine Advisory Committee, Century’’; CMV Workshop planning; Families Subcommittee on Future Vaccines, Vaccines for special populations; and Subcommittee on Immunization Vaccines for chronic diseases. Proposed Information Collection Coverage, and Subcommittee on Name: Subcommittee on Immunization Activity; Comment Request Vaccine Safety and Communication Coverage. Meetings Time and Date: 2:45 p.m.–5 p.m., February Proposed Projects 28, 2000. Title: Head Start Training and In accordance with section 10(a)(2) of Place: Hubert H. Humphrey Building, Room 505A, 200 Independence Avenue, SW, Technical Assistance Assessment. the Federal Advisory Committee Act Washington, DC 20201. OMB No.: New Collection. (Pub. L. 92–463), the Centers for Disease Status: Open to the public, limited only by Description: This data will be used to Control and Prevention (CDC) the space available. assess the Head Start Training and announces the following Federal Purpose: This subcommittee will identify Technical Assistance (T/TA) delivery advisory committee meetings. and propose solutions that provide a system. Data collected will provide

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ANNUAL BURDEN ESTIMATES

Number of Average Number of responses burden Total bur- Instrument respondents per re- hours per den hours spondent response

QIC Director, Site Visit Interview ...... 28 30 .1 84 QIC Area Specialist, Site Visit Interview ...... 116 19 .16 353 QIC Director, Telephone Interview ...... 28 8 .19 42 Head Start Partner, Agency Telephone Interview ...... 112 11 .09 112 Grantee Director, Telephone Interview ...... 256 18 .11 512

Estimated Total Annual Burden the quality, utility, and clarity of the Enforcement: Standard Forms. Hours: 1103. information to be collected; and (d) OMB No.: 0970–0085. In compliance with the requirements ways to minimize the burden of the of section 3506(c)(2)(A) of the collection of information on Description: Pub. L. 104–193, The Paperwork Reduction Act of 1995, the respondents, including through the use Personal Responsibility and Work Administration for Children and of automated collection techniques or Opportunity Reconciliation Act Families is soliciting public comment other forms of information technology. (PRWORA) of 1996 amended 42 U.S.C. on the specific aspects of the Consideration will be given to 666 to require State Child Support information collection described above. comments and suggestions submitted Enforcement (CSE) programs to enact Copies of the proposed collection of within 60 days of this publication. the Uniform Interstate Family Support information can be obtained and Dated: February 1, 2000. Act (UIFSA) into State law by January comments may be forwarded by writing Bob Sargis, 1, 1998. To ensure standardization to the Administration for Children and among the States, section 311(b) of Reports Clearance Officer. Families, Office of Information Services, UIFSA requires the States to use [FR Doc. 00–2663 Filed 2–8–00; 8:45 am] Division of Information Resource standard interstate forms, as mandated Management Services, 370 L’Enfant BILLING CODE 4184±01±M by Federal law. 45 CFR 303.7 requires Promenade, SW, Washington, DC 20447, CSE programs to transmit child support Attn: ACF Reports Clearance Officer. All DEPARTMENT OF HEALTH AND case information on standard interstate requests should be identified by the HUMAN SERVICES forms when referring cases to other Title of the information collection. States for processing. The forms, which The Department specifically requests Administration for Children and promote uniformity and comments on: (a) Whether the proposed Families standardization, and expiring and we collection of information is necessary are taking this opportunity to make for the proper performance of the Proposed Information Collection minor revisions to them to, among other functions of the agency, including Activity; Comment Request things, reflect the UIFSA is now the law whether the information shall have for all 54 CSE programs. practical utility; (b) the accuracy of the Proposed Projects agency’s estimate of the burden of the Title: Provision of Services in Respondents: States. proposed collection of information; (c) Interstate Child Support.

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ANNUAL BURDEN ESTIMATES

Number of Number of responses Average bur- Total annual Instrument respondents per respond- den hours burden hours ent per response

Transmittal #1 ...... 54 10,861.20 .42 246,332.02 Transmittal #2 ...... 54 2,715.30 .08 11,730.01 Transmittal #3 ...... 54 543.05 .17 4,985 Uniform Petition ...... 54 5430.60 .12 35,190.29 Gen Testimony ...... 54 6,516.72 .33 116,127.95 Affidavit/Paternity ...... 54 2715.30 .25 36,656.55 Locate Data Sheet ...... 54 375 .08 1,620 Notice/Control Order ...... 54 8,145.75 .17 74,777.98 Registration Statement ...... 54 7,168.39 .17 65,805.82

Estimate Total Annual Burden Hours ...... 593,226

In compliance with the requirements information to be collected; and (d) DEPARTMENT OF HEALTH AND of section 3506(c)(2)(A) of the ways to minimize the burden of the HUMAN SERVICES Paperwork Reduction Act of 1995, the collection of information on Administration for Children and respondents, including through the use Administration for Children and Families is soliciting public comment of automated collection techniques or Families on the specific aspects of the other forms of information technology. Agency Recordkeeping/Reporting information collection described above. Consideration will be given to Copies of the proposed collection of Requirements Under Emergency comments and suggestions submitted Review by the Office of Management information can be obtained and within 60 days of this publication. comments may be forwarded by writing and Budget (OMB) Dated: February 3, 2000. to the Administration for Children and Title: April 2000 Current Population Families, Office of Information Services, Bob Sargis, Survey Supplement on Child Support. 370 L’Enfant Promenade, SW, Reports Clearance Officer. OMB No.: 0992–0003. Washington, DC 20447, Attn: ACF [FR Doc. 00–2865 Filed 2–8–00; 8:45 am] Description: Collection of these data Reports Clearance Officer. All requests BILLING CODE 4184±01±M will assist legislators and policymakers should be identified by the title of the in determining how effective their information collection. policymaking efforts have been over The Department specifically requests time in applying the various child comments on: (a) Whether the proposed support legislation to the overall child collection of information is necessary support enforcement picture. This for the proper performance of the information will help policymakers functions of the agency, including determine to what extent individuals on whether the information shall have welfare would be removed from the practical utility; (b) the accuracy of the welfare rolls as a result of more agency’s estimate of the burden of the stringent child support enforcement proposed collection of information; (c) efforts. the quality, utility, and clarity of the Respondents: Individuals.

ANNUAL BURDEN ESTIMATES

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

Survey ...... 47,000 1 .0241 1,136

Estimated Total Annual Burden Sargis at (202) 401–6465 or e-mail at Dated: February 3, 2000. Hours: 1,136. [email protected]. Bob Sargis, Additional Information: ACF is Comments and questions about the Reports Clearance Officer. requesting that OMB grant a 180 day information collection described above [FR Doc. 00–2866 Filed 2–8–00; 8:45 am] approval for this information collection should be directed to the following by BILLING CODE 4184±01±M under procedures for emergency April 1, 2000: Office of Information and processing by April 1, 2000. A copy of Regulatory Affairs, Attn: OMB Desk this information collection, with Officer for ACF, Office of Management applicable supporting documentation, and Budget, Paperwork Reduction may be obtained by calling the Project, 725 17th Street NW, Administration for Children and Washington, DC 20503, (202) 395–7316. Families, Reports Clearance Officer, Bob

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DEPARTMENT OF HEALTH AND alternative positions in response to this Assessment.’’ This draft guidance is HUMAN SERVICES question. Interested persons may submit intended to provide guidance for written statements by February 17, industry on procedures that will be Food and Drug Administration 2000. Written statements submitted by adopted by the Center for Drug the above date will be made available on Evaluation and Research (CDER) and the Psychopharmacologic Drugs Advisory FDA’s website identified above. In Center for Biologics Evaluation and Committee; Notice of Meeting addition to submitting written Research (CBER) to evaluate issues AGENCY: Food and Drug Administration, statements, interested persons are related to the adequacy (e.g., design, HHS. invited to make presentations of up to conduct, analysis) of certain proposed This notice announces a forthcoming 10 minutes in an expanded open public studies. meeting of a public advisory committee session at the March 9, 2000, meeting. DATES: Submit written comments on the of the Food and Drug Administration Those persons interested in making a draft guidance and the collection of (FDA). The meeting will be open to the presentation should follow the information provisions by April 10, public. procedures given in the ‘‘Procedure’’ 2000. General comments on agency section below. ACTION: Notice. guidance documents are welcome at any Procedure: Interested persons may time. Name of Committee: present data, information, or views, ADDRESSES: Copies of this draft Psychopharmacologic Drugs Advisory orally or in writing, on issues pending guidance for industry are available on Committee. before the committee. Written the Internet at http://www.fda.gov/cder/ General Function of the Committee: submissions may be made to the guidance/index.htm or http:// To provide advice and Dockets Management Branch, Food and www.fda.gov/cber/guidelines.htm. recommendations to the agency on Drug Administration, 5630 Fishers Submit written requests for single FDA’s regulatory issues. Lane, rm. 1061, Rockville, MD 20852. copies of the draft guidance to the Drug Date and Time: The meeting will be These submissions should contain Information Branch (HFD–210), Center held on March 9, 2000, 8 a.m. to 4:30 Docket No. 00N–0088, and should be for Drug Evaluation and Research, Food p.m. received by February 17, 2000. Oral and Drug Administration, 5600 Fishers Location: Holiday Inn, The Ballroom, presentations from the public will be Lane, Rockville, MD 20857; or the Office Two Montgomery Village Ave., scheduled between approximately 10 of Communication, Training, and Gaithersburg, MD. a.m. and 12:30 p.m. Additional time Manufacturers Assistance (HFM–40), Contact Person: Sandra L. Titus or may be allocated for oral presentations. Center for Biologics Evaluation and LaNise S. Giles, Center for Drug Time allotted for each presentation may Research, 1401 Rockville Pike, Evaluation and Research (HFD–21), be limited to 10 minutes. Those desiring Rockville, MD 20852–1448, 301–827– Food and Drug Administration, 5600 to make formal oral presentations 3844, FAX: 888–CBERFAX. Send two Fishers Lane (for express delivery, 5630 should notify the contact person before self-addressed adhesive labels to assist Fishers Lane, rm. 1093), Rockville, MD February 17, 2000, and submit a brief the office in processing your requests. 20857, 301–827–7001, or e-mail: statement of the general nature of the Submit written comments to the [email protected], or FDA Advisory evidence or arguments they wish to Dockets Management Branch (HFA– Committee Information Line, 1–800– present, the names and addresses of 305), Food and Drug Administration, 741–8138 (301–443–0572 in the proposed participants, and an 5630 Fishers Lane, rm. 1061, Rockville, Washington, DC area) code 12544. indication of the approximate time MD 20852. Requests and comments Please call the Information Line for up- requested to make their presentation. should be identified with the docket to-date information on this meeting. Notice of this meeting is given under number found in brackets in the Agenda: The committee will discuss the Federal Advisory Committee Act (5 heading of this document. the best way to develop drugs for the U.S.C. app. 2). FOR FURTHER INFORMATION CONTACT: treatment of the various psychiatric and Dated: January 28, 2000. Murray M. Lumpkin, Center for Drug behavioral disturbances that are Linda A. Suydam, Evaluation and Research (HFD–2), Food frequently associated with Alzheimer’s Senior Associate Commissioner. and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–594– disease and other dementias. In [FR Doc. 00–2861 Filed 2–8–00; 8:45 am] particular, the presentations and 5400; or Robert A. Yetter, Center for BILLING CODE 4160±01±F discussions will focus on the problem of Biologics Evaluation and Research how to identify, define, and name the (HFM–10), Food and Drug clinical entities that fall under this DEPARTMENT OF HEALTH AND Administration, 1401 Rockville Pike, broad category of disorders. This is a HUMAN SERVICES Rockville, MD 20852–1448, 301–827– major regulatory issue because the 0373. failure to adequately define specific Food and Drug Administration SUPPLEMENTARY INFORMATION: disorders in this area could lead to misleading labeling. As background [Docket No. 00D±0084] I. Description of the Guidance information for this meeting, FDA has Draft Guidance for Industry on Special FDA is announcing the availability of provided an issues paper at http:// Protocol Assessment; Availability a draft guidance for industry entitled www.fda.gov/ohrms/dockets/dockets/ ‘‘Special Protocol Assessment.’’ The 00n–0088/00n–0088.htm) that describes AGENCY: Food and Drug Administration, draft guidance is intended to provide in detail the regulatory issues and HHS. guidance for industry on procedures concerns and proposes how this ACTION: Notice. that will be adopted by CDER and CBER question might be addressed. This paper to evaluate issues related to the is intended to serve as a stimulus for SUMMARY: The Food and Drug adequacy (e.g., design, conduct, others in the community of clinicians, Administration (FDA) is announcing the analysis) of certain proposed studies. academicians, and pharmaceutical availability of a draft guidance for This draft guidance describes sponsors to articulate and submit industry entitled ‘‘Special Protocol procedures for sponsors to request

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NDA’s and BLA’s. the methodology and assumptions used; The Prescription Drug User Fee Act of The procedures and policies (3) ways to enhance the quality, utility, 1992 (PDUFA) (Public Law 102–571) described in this draft guidance are and clarity of the information to be was reauthorized in November 1997 as designed to implement section collected; and (4) ways to minimize the part of the Food and Drug 505(b)(4)(B) of the act and the PDUFA burden of the collection on respondents, Administration Modernization Act of goals for special protocol assessment including through the use of automated 1997 (the Modernization Act) (Public and agreement. collection techniques, when Law 105–115). In conjunction with the This draft Level 1 guidance is being appropriate, and other forms of reauthorization of PDUFA, FDA agreed issued consistent with FDA’s good information technology. to specific performance goals (PDUFA guidance practices (62 FR 8961, Title: Draft Guidance for Industry on goals) for activities associated with the February 27, 1997). The draft guidance Special Protocol Assessment development and review of products in represents the agency’s current thinking Description: FDA is issuing a draft human drug applications as described on special protocol assessment in CDER guidance on agency procedures to in section 735(1) of the Federal Food, and CBER. It does not create or confer evaluate issues related to the adequacy Drug, and Cosmetic Act (the act) (21 any rights for or on any person and does of certain proposed studies. The draft U.S.C. 379g) (PDUFA products). The not operate to bind FDA or the public. guidance describes procedures for PDUFA goals are summarized in An alternative approach may be used if sponsors to request special protocol ‘‘PDUFA Reauthorization Performance such approach satisfies the assessment and for the agency to act on Goals and Procedures,’’ an enclosure to requirements of the applicable statute, such requests. The draft guidance a letter dated November 12, 1997, from regulations, or both. provides information on how the agency Interested persons may submit to the the Secretary of the U.S. Department of will interpret and apply provisions of Dockets Management Branch (address Health and Human Services, Donna E. the Modernization Act and the specific above) written comments on the draft PDUFA goals for special protocol Shalala, to Senator James M. Jeffords. guidance. Two copies of any comments The PDUFA goals for special protocol assessment associated with the are to be submitted, except that development and review of PDUFA assessment and agreement provide that, individuals may submit one copy. upon request by a sponsor, FDA will products. Comments should be identified with the The draft guidance describes two evaluate within 45 days of receipt docket number found in brackets in the collections of information: (1) The certain protocols and issues relating to heading of this document. The draft submission of a notice of intent to the protocols to assess whether their guidance and received comments are request special protocol assessment of a design is adequate to meet scientific and available for public examination in the carcinogenicity protocol, and (2) the regulatory requirements identified by Dockets Management Branch between 9 submission of a request for special the sponsor. Three types of protocols are a.m. and 4 p.m., Monday through protocol assessment. eligible for this special protocol Friday. assessment under the PDUFA goals: (1) A. Notification for a Carcinogenicity Animal carcinogenicity protocols, (2) II. The Paperwork Reduction Act of Protocol final product stability protocols, and (3) 1995 As described in the draft guidance, a clinical protocols for phase 3 trials Under the Paperwork Reduction Act sponsor interested in agency assessment whose data will form the primary basis of 1995 (the PRA) (44 U.S.C. 3501– of a carcinogenicity protocol should for an efficacy claim if the trials had 3520), Federal agencies must obtain notify the appropriate division in CDER been the subject of discussion at an end- approval from the Office of Management or CBER of an intent to request special of-phase 2/pre-phase 3 meeting with the and Budget (OMB) for each collection of protocol assessment at least 30 days review division or if the division is information they conduct or sponsor. prior to submitting the request. With otherwise aware of the developmental ‘‘Collection of information’’ is defined such notification, the sponsor should context in which the protocol is being in 44 U.S.C. 3502(3) and 5 CFR submit relevant background information reviewed and the questions are being 1320.3(c) and includes agency requests so that the agency may review reference answered. These protocols for phase 3 or requirements that members of the material related to carcinogenicity clinical trials may relate to efficacy public submit reports, keep records, or protocol design prior to receiving the claims that will be part of an original provide information to a third party. carcinogenicity protocol. The agency is new drug application (NDA) or biologics Section 3506(c)(2)(A) of the PRA (44 currently drafting a separate guidance license application (BLA) or that will be U.S.C. 3506(c)(2)(A)) requires Federal describing the type of information that part of an efficacy supplement to an agencies to provide a 60-day notice in would be appropriate to submit before approved NDA or BLA. the Federal Register concerning each requesting carcinogenicity protocol Section 119(a) of the Modernization proposed collection of information assessment. Act amends section 505(b) of the act (21 before submitting the collection to OMB U.S.C. 355(b)). Section 505(b)(4)(B) of for approval. To comply with this B. Request for Special Protocol the act directs FDA to meet with requirement, FDA is publishing notice Assessment sponsors and applicants, provided of the proposed collection of In the draft guidance, CDER and CBER certain conditions are met, for the information set forth in this document. ask that a request for special protocol purpose of reaching agreement on the With respect to the following assessment be submitted as an design and size of clinical trials collection of information, FDA invites amendment to the investigational new intended to form the primary basis of an comment on: (1) Whether the proposed drug application (IND) for the effectiveness claim in a marketing collection of information is necessary underlying product and that it be application submitted under section for the proper performance of FDA’s submitted to the agency in triplicate 505(b) of the act or section 351 of the functions, including whether the with Form FDA 1571 attached. The Public Health Service Act (42 U.S.C. information will have practical utility; agency also suggests that the sponsor 262) (the PHS Act). Such marketing (2) the accuracy of FDA’s estimate of the submit the cover letter to a request for applications include NDA’s, BLA’s, and burden of the proposed collection of special protocol assessment via

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An IND is submitted to FDA the results of the study; (4) final labeling agency estimates that respondents will under existing regulations in part 312 that could be supported by the results spend 480 hours per year notifying the (21 CFR part 312), which specifies the of the study; and (5) for a stability agency of an intent to request special information that manufacturers must protocol, product characterization and protocol assessment of a carcinogenicity submit so that FDA may properly relevant manufacturing data. protocol. evaluate the safety and effectiveness of 1. Description of Respondents b. Requests for special protocol investigational drugs and biological assessment. Based on data collected A sponsor, applicant, or manufacturer products. The information collection from the review divisions and offices of a drug or biologic product regulated requirements resulting from the within CDER and CBER, including the by the agency under the act or section preparation and submission of an IND number of requests for special protocol 351 of the PHS Act who requests special under part 312 have been estimated by assessment in the first half of FY 1999, protocol assessment. FDA and the reporting and the number of IND’s for new molecular recordkeeping burden has been 2. Burden Estimate entities that were received by the agency approved by OMB until December 31, Table 1 of this document provides an per year over the past 5 years, the 1999, under OMB control number 0910– number of sponsors who have submitted 0014. In the Federal Register of May 6, estimate of the annual reporting burden for requests for special protocol protocols for agency review in the past 1999 (64 FR 24402), FDA published a and in the first half of FY 1999, and the notice requesting comments on the assessment. The procedures for requesting special protocol assessment number of end-of-phase 2/pre-phase 3 burden estimates for the information meetings that occur between collection requirements in part 312. The that are set forth in the draft guidance have not been previously described by respondents and the agency per year, notice also requested an extension of FDA anticipates that 70 respondents OMB approval for this information the agency, although the PDUFA goals and the requirements of section will request special protocol assessment collection. per year. The total annual responses are FDA suggests that the cover letter to 505(b)(4)(B) of the act have been in the total number of requests for special the request for special protocol effect since October and November protocol assessment that are submitted assessment be submitted via facsimile to 1998, respectively, as follows: to CDER and CBER in 1 year. Based on the appropriate division in CDER or a. Notification for a carcinogenicity data collected from the review divisions CBER to enable agency staff to prepare protocol. Based on data collected from and offices within CDER and CBER, for the arrival of the protocol for the review divisions and offices within FDA estimates that it will receive assessment. The agency recommends CDER and CBER, including the number approximately 180 requests for special that a request for special protocol of carcinogenicity protocols submitted protocol assessment per year. Therefore, assessment be submitted as an for review in the first half of fiscal year the agency estimates that there will be amendment to an IND for two reasons: (FY) 1999 and the number of IND’s for approximately 2.57 responses per (1) To ensure that each request is kept new molecular entities that were respondent. The hours per response is in the administrative file with the entire received by the agency per year over the the estimated number of hours that a IND, and (2) to ensure that pertinent last 5 years, CDER and CBER anticipate respondent would spend preparing the information about the request is entered that approximately 30 respondents will information to be submitted with a into the appropriate tracking data bases. notify the agency of an intent to request request for special protocol assessment, Use of the information in the agency’s special protocol assessment of a including the time it takes to gather and tracking data bases enables the carcinogenicity protocol. The agency copy questions to be posed to the appropriate agency official to monitor further estimates that the total annual agency regarding the protocol and data, progress on the evaluation of the responses, i.e., the total number of assumptions, and information needed to protocol and to ensure that appropriate notifications that will be sent to CDER permit an adequate evaluation of the steps will be taken in a timely manner. and CBER, will be 60, based on data protocol. Based on estimates provided CDER and CBER have determined and collected from the offices within CDER by the regulated industry and on the the draft guidance recommends that the and CBER. Therefore, the agency agency’s experience in requesting following information should be estimates that there will be similar information, FDA estimates submitted to the appropriate Center approximately two responses per approximately 15 hours on average with each request for special protocol respondent. The hours per response, would be needed per response. assessment so that the Center may which is the estimated number of hours Therefore, FDA estimates that 2,700 quickly and efficiently respond to the that a respondent would spend hours will be spent per year by request: preparing the notification and 1. Questions to the agency concerning background information to be submitted respondents requesting special protocol specific issues regarding the protocol; in accordance with the draft guidance, assessment. Overall, FDA anticipates and is estimated to be approximately 8 that respondents will spend 3,180 hours 2. All data, assumptions, and hours. While FDA has not finalized the per year to participate in the programs information needed to permit an separate guidance describing described in the draft guidance. adequate evaluation of the protocol, background information that should be FDA estimates the burden of this including: (1) The role of the study in submitted with notification of a collection of information as follows:

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TABLE1.ÐESTIMATED ANNUAL REPORTING BURDEN1

Number of Re- Notification and Requests Number of sponses per Total Annual Hours per Total Hours Respondents Respondent Responses Response

Notification for Carcinogenicity Protocols 30 2.0 60 8 480

Requests for Special Protocol Assessment 70 2.57 180 15 2,700

Total 3,180 1There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: February 1, 2000. surgical center (ASC), in a critical access of the facility. (For an indepth Margaret M. Dotzel, hospital. (Under section 4201(c)(1) of discussion of the methodology and rate- Acting Associate Commissioner for Policy. the Balanced Budget Act of 1997 (BBA) setting procedures, see our Federal [FR Doc. 00–2982 Filed 2–8–00; 8:45 am] (Pub. L. 105–33), enacted on August 5, Register notice published on February BILLING CODE 4160±01±F 1997, the term ‘‘rural primary care 8, 1990, entitled ‘‘Medicare Program; hospital’’ is replaced with ‘‘critical Revision of Ambulatory Surgical Center access hospital’’ applicable to services Payment Rate Methodology’’ (55 FR DEPARTMENT OF HEALTH AND furnished on or after October 1, 1997.) 4526).) HUMAN SERVICES To participate in the Medicare program Statutory Provisions as an ASC, a facility must meet the Health Care Financing Administration standards specified under section Section 1833(i)(2)(A) of the Act requires the Secretary to review and [HCFA±1085±N] 1832(a)(2)(F)(i) of the Act and 42 CFR 416.25, which set forth basic update standard overhead amounts RIN 0938±AJ79 requirements for ASCs. annually. Section 1833(i)(2)(A)(ii) Generally, there are two elements in requires that the ASC facility payment Medicare Program; Update of the total charge for a surgical procedure: rates result in substantially lower Ambulatory Surgical Center Payment A charge for the physician’s Medicare expenditures than would have Rates Effective for Services on or after professional services for performing the been paid if the same procedure had October 1, 1999 procedure, and a charge for the facility’s been performed on an inpatient basis in a hospital. Section 1833(i)(2)(A)(iii) AGENCY: Health Care Financing services (for example, use of an requires that payment for insertion of an Administration (HCFA), HHS. operating room). Section 1833(i)(2)(A) of intraocular lens (IOL) include an the Act authorizes the Secretary to pay ACTION: Notice. allowance for the IOL that is reasonable ASCs a prospectively determined rate and related to the cost of acquiring the SUMMARY: This notice implements for facility services associated with class of lens involved. section 1833(i)(2)(C) of the Social covered surgical procedures. ASC Security Act, which mandates an Under section 1833(i)(3)(A), the facility services are subject to the usual aggregate payment to hospital outpatient inflation adjustment to Medicare Medicare Part B deductible and payment amounts for ambulatory departments for covered ASC coinsurance requirements. Therefore, procedures is equal to the lesser of the surgical center (ASC) facility services Medicare pays participating ASCs 80 during the years when the payment following two amounts: percent of the prospectively determined • The amount paid for the same amounts are not updated based on a rate for facility services, adjusted for services that would be paid to the survey of the audited costs incurred by regional wage variations. This rate is hospital under section 1833(a)(2)(B) ASCs. intended to represent our estimate of a (that is, the lower of the hospital’s EFFECTIVE DATE: The payment rates fair payment that takes into account the reasonable costs or customary charges contained in this notice are effective for costs incurred by ASCs generally in less deductibles and coinsurance). services furnished on or after October 1, providing the services that are furnished • The amount determined under 1999. in connection with performing the section 1833(i)(3)(B)(i) based on a blend FOR FURTHER INFORMATION CONTACT: Bob procedure. Currently, this rate is a of the lower of the hospital’s reasonable Cereghino, (410) 786–4645. standard overhead amount that does not costs or customary charges, less SUPPLEMENTARY INFORMATION: include physician fees and other deductibles and coinsurance, and the medical items and services (for amount that would be paid to a free- I. Background and Legislative example, durable medical equipment for standing ASC in the same area for the Authority use in the patient’s home) for which same procedures. Section 1832(a)(2)(F)(i) of the Social separate payment may be authorized Under section 1833(i)(3)(B)(i), the Security Act (the Act) provides that under other provisions of the Medicare blend amount for a cost reporting period benefits under the Medicare program. is the sum of the hospital cost Supplementary Medical Insurance We have grouped procedures into proportion and the ASC cost proportion. program (Part B) include services nine groups for purposes of ASC Under section 1833(i)(3)(B)(ii), the furnished in connection with those payment rates. The ASC facility hospital cost proportion and the ASC surgical procedures that, under section payment for all procedures in each cost proportion for portions of cost 1833(i)(1)(A) of the Act, are specified by group is established at a single rate reporting periods beginning on or after the Secretary and are performed on an adjusted for geographic variation. The January 1, 1991 are 42 and 58 percent, inpatient basis in a hospital but that also rate is a standard overhead amount that respectively. can be performed safely on an covers the cost of services such as Section 13531 of the Omnibus Budget ambulatory basis in an ambulatory nursing, supplies, equipment, and use Reconciliation Act of 1993 (OBRA 1993)

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(Pub. L. 103–66), enacted on August 10, We published our last ASC payment in the following schedule of rates that 1993, prohibited the Secretary from rate update notice on October 1, 1998 are payable for facility services providing for any inflation update in the (63 FR 52663). In this notice, we furnished on or after October 1, 1999: payment amounts for ASCs determined explained that the current rates were Group 1—$317 under section 1833(i)(2)(A) and (B) of frozen and we stated the comment Group 2—$425 the Act for fiscal years (FYs) 1994 and period for proposed rule (HCFA–1885– Group 3—$486 1995. Section 13533 of OBRA 1993 P) published in the Federal Register Group 4—$600 reduced the amount of payment for an June 12, 1998 entitled ‘‘Medicare Group 5—$683 IOL inserted during or subsequent to Program; Update of Ratesetting Group 6—$794 (644 + 150) cataract surgery in an ASC on or after Methodology, Payment Rates, Payment Group 7—$949 January 1, 1994, and before January 1, Policies, and the List of Covered Group 8—$934 (784 + 150) 1999, to $150. Surgical Procedures for Ambulatory ASC facility fees are subject to the Section 141(a)(1) of the Social Surgical Centers Effective October 1, usual Medicare deductible and Security Act Amendments of 1994 1998’’ would be extended to November copayment requirements. The allowance (SSAA 1994) (Public Law 103–432), 13, 1998. We further extended the for an IOL that is part of the payment enacted on October 31, 1994, amended comment period for this proposed rule rates for group 6 and group 8 remains section 1833(i)(2)(A)(i) of the Act to in Federal Register notices published $150. require that, for the purpose of January 12, 1999, March 12, 1999, and A ninth payment group allotted estimating ASC payment amounts, the July 6, 1999. The comment periods have Secretary survey not later than January been running concurrently with those of exclusively to extracorporeal shockwave 1, 1995, and every 5 years thereafter, the another proposed rule addressing a lithotripsy (ESWL) services was actual audited costs incurred by ASCs, prospective payment system (PPS) for established in the notice with comment based upon a representative sample of hospital outpatient services published period published December 31, 1991 (56 procedures and facilities. September 8, 1998 (63 FR 47552). FR 67666). The decision in American Section 141(a)(2) of SSAA 1994 added HCFA–1885–P proposes to update the Lithotripsy Society v. Sullivan, 785 F. section 1833(i)(2)(C) to the Act to criteria for determining which surgical Supp. 1034 (D.D.C. 1992), prohibits provide that, beginning with FY 1996, procedures can be appropriately and payment for these services under the there be an application of an inflation safely performed in an ASC, makes ASC benefit at this time. ESWL payment adjustment during a fiscal year in which additions and deletions from the current rates were the subject of a separate the Secretary does not update ASC rates list of procedures based on the revised Federal Register proposed notice, based on survey data of actual audited criteria, rebases the ASC payment rates which was published October 1, 1993 costs. Section 1833(i)(2)(C) of the Act using cost, charge, and utilization data (58 FR 51355). provides that ASC payment rates be collected by a 1994 survey of ASCs, We will continue to use the inpatient increased by the percentage increase in refines the ratesetting methodology that hospital PPS wage index to standardize the consumer price index for urban was implemented by a final notice ASC payment rates for variation due to consumers (CPI–U), as estimated by the published on February 8, 1990 in the geographic wage differences in Secretary for the 12-month period Federal Register, and requires that ASC accordance with the ASC payment rate ending with the midpoint of the year payment, coverage and wage index methodology published in the February involved, if the Secretary has not updates be implemented annually on 8, 1990 notice. The inpatient PPS wage updated rates during a fiscal year, January 1 rather than having these index final rule published on July 30, beginning with FY 1996. updates occur randomly throughout the 1999 (64 FR 41490), for implementation Section 141(a)(3) of SSAA 1994 year. on October 1, 1999, will be used to amended section 1833(i)(1) of the Act to adjust the ASC payment rates require the Secretary to consult with II. Provisions of This Notice announced in this notice for facility appropriate trade and professional As previously stated, during years in services furnished on or after October 1, organizations in reviewing and updating which the Secretary has not otherwise 1999. the list of Medicare-covered ASC updated ASC rates based on a survey of III. Regulatory Impact Analysis procedures. actual audited costs, section Section 141(b) of SSAA 1994 requires 1833(i)(2)(C) of the Act requires A. Introduction the Secretary to establish a process for application of an inflation adjustment This notice implements section reviewing the appropriateness of the equal to the percentage increase in the 1833(i)(2) of the Act, which mandates payment amount provided under CPI–U as estimated by the Secretary for an inflation adjustment to Medicare section 1833(i)(2)(A)(iii) of the Act for the 12-month period ending with the payment amounts for ASC facility IOLs with respect to a class of new- midpoint of the year involved, reduced services during the years in which the technology IOLs. A notice of proposed (but not below zero) by 2.0 percentage payment amounts are not updated based rulemaking was published in the points in each of the fiscal years 1998 on a survey of the actual audited costs Federal Register on June 16, 1999, through 2002. (The CPI–U is a general incurred by ASCs. entitled ‘‘Adjustment in Payment index that reflects prices paid by urban Amounts for New Technology consumers for a representative market Actuarial estimates of the cost of Intraocular Lenses Furnished by basket of goods and services.) updating the ASC rates by 0.8 percent Ambulatory Surgical Centers’ (BPD– Based on estimates prepared by Data are as follows: 3831–F) (64 FR 32198). Resources, Inc./McGraw Hill, the Section 4555 of the BBA amends forecast rate of increase in the CPI–U for PROJECTED ADDITIONAL MEDICARE section 1833(i)(2)(C) of the Act to the fiscal year that ends March 31, 2000 COSTS require, in each of the fiscal years 1998 is 2.8 percent. Reducing the CPI–U [In millions *] through 2002, that the percentage factor by 2.0 percent results in an FY 2000 ...... $10 increase by which ASC rates are to be adjustment factor of 0.8 percent. FY 2001 ...... 10 adjusted be reduced (but not below Increasing the ASC payment rates FY 2002 ...... 10 zero) by 2.0 percentage points. currently in effect by 0.8 percent results FY 2003 ...... 10

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PROJECTED ADDITIONAL MEDICARE aggregate payment increase. Although based on the lower of their aggregate COSTSÐContinued we uniformly adjusted ASC payment costs, aggregate charges, or a blend of 58 [In millions *] rates by the CPI–U forecast for the 12- percent of the applicable wage-adjusted month period ending March 31, 2000, ASC rate and 42 percent of the lower of FY 2004 ...... 10 we did not adjust the IOL payment the hospital’s aggregate costs or charges. *Rounded to the nearest $10 million. allowance that is included in the According to statistics from the Office of The BBA is considered in the payment rate for group 6 and group 8 Strategic Planning within HCFA, 12 estimate, including the PPS for hospital because OBRA 1993 froze the amount of percent of Medicare payments to outpatient services, which will be payment for an IOL furnished by an hospitals by intermediaries is implemented in the mid-2000, and the ASC at $150 for the period beginning attributable to services furnished in formula-driven overpayment January 1, 1994 through December 31, conjunction with ASC-covered elimination effective October 1, 1997. 1998. Therefore, because the net procedures. adjustment for inflation for procedures B. Regulatory Flexibility Act in group 6 is 0.63 percent and for group We would not expect an ASC rate increase in every instance to keep pace We generally prepare a regulatory 8 is 0.64 percent, ASCs that perform a with actual hospital cost increases, flexibility analysis that is consistent high percentage of the IOL insertion although we would fully recognize cost with the Regulatory Flexibility Act procedures that comprise these groups increases resulting from inflation alone (RFA) (5 U.S.C. 601 through 612) unless may expect a somewhat lower increase we certify that a notice will not have a in their aggregate payments than ASCs to the extent that the blended payment significant economic impact on a that perform fewer IOL insertion methodology includes aggregate substantial number of small entities. For procedures. hospital costs. The weight of the ASC purposes of the RFA, most ASCs and A second factor determining the effect portion of the blended payment amount, hospitals are considered to be small of the change in payment rates is the which would reflect the ASC rate entities either by non-profit status or by percentage of total revenue an ASC increase, is offset to a degree when having resources of $5 million or less receives from Medicare. The larger the hospital costs significantly exceed the annually. proportion of revenue an ASC receives ASC rate. Another element that would Section 1102(b) of the Act requires us from the Medicare program, the greater eliminate the effect of the ASC rate to prepare a regulatory impact analysis the impact of the updated rates in this increase on hospital outpatient if a notice may have a significant impact notice. The percentage of revenue payments is the application of the on the operations of a substantial derived from the Medicare program lowest payment screen in determining number of small rural hospitals. This depends on the volume and types of payments. Applying the lowest of costs, analysis must conform to the provisions services furnished. Since Medicare charges, or a blend can result in some of section 604 of the RFA. For purposes patients account for as much as 80 hospitals being paid entirely on the of section 1102(b) of the Act, we define percent of all IOL insertion procedures basis of a hospital’s costs or charges. In a small rural hospital as a hospital that performed in ASCs, an ASC that those instances, the increase in the ASC is located outside of a Metropolitan performs a high percentage of IOL rates will have no effect on hospital Statistical Area and has fewer than 50 insertion procedures will probably payments. The number of Medicare beds. receive a higher percentage of its beneficiaries a hospital serves and its revenue from Medicare than would an Although we believe that this notice case-mix variation would also influence will not have a significant impact on a ASC with a case mix comprised largely the total impact of the new ASC rates on substantial number of small rural of procedures that do not involve Medicare payments to hospitals. Based hospitals, it may have a significant insertion of an IOL. For an ASC that impact on a substantial number of receives a large portion of its revenue on these factors, we have determined, ASCs. Therefore, we believe that a from the Medicare program, the changes and we certify that this notice will not regulatory flexibility analysis is required in this notice will likely have a greater have a significant impact on a for ASCs. In addition, we are voluntarily influence on the ASC’s operations and substantial number of small rural providing a brief discussion of the management decisions than they will hospitals. Therefore, we have not impact this notice may have on all have on an ASC that receives a large prepared a small rural hospital impact hospitals. portion of revenue from other sources. analysis. In general, we expect the rate changes We have reviewed this notice under 1. Impact on ASCs in this notice to affect ASCs positively the threshold criteria of Executive Order Section 1833(i)(2)(C) of the Act by increasing the rates upon which 13132 of August 4, 1999, Federalism, requires that for fiscal years 1998 payments are based. published in the Federal Register on through 2002, we automatically adjust August 10, 1999 (64 FR 43255). The ASC rates for inflation during a fiscal 2. Impact on Hospitals and Small Rural Hospitals Executive Order is effective November year in which we do not update ASC 2, 1999, which is 90 days after the date Section 1833(i)(3)(A) of the Act payment rates based on survey data by of this Order. We have determined that a CPI–U factor reduced (but not below mandates the method of determining the notice does not significantly affect zero) by 2.0 percent. Therefore, we are payments to hospitals for ASC-approved the rights, roles, and responsibilities of updating the current ASC payment procedures performed in a hospital States. rates, which were published in our outpatient setting. The Congress October 1, 1997 Federal Register notice believed some comparability should IV. Waiver of 30-Day Delay in the (63 FR 8462), by incorporating the exist in the amount of payment to Effective Date projected rate of change in the CPI–U for hospitals and ASCs for similar the 12-month period ending March 31, procedures. The Congress recognized, We ordinarily publish notices, such as 2000 minus 2.0 percentage points. There however, that hospitals have certain this, subject to a 30-day delay in the are other factors, however, that affect overhead costs that ASCs do not and effective date. However, if adherence to the actual payments to an individual allowed for those costs by establishing this procedure would be impracticable, ASC. a blended payment methodology. For unnecessary, or contrary to the public First, variations in an ASC’s Medicare ASC procedures performed in an interest, we may waive the delay in the case mix affect the size of the ASC’s outpatient setting, hospitals are paid effective date. The provisions of this

VerDate 272000 17:14 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6383 notice are effective for services requirement, HRSA will add a statement The meetings will be closed to the furnished on or after October 1, 1999. to the Notice of Grant Award (NGA) public in accordance with the These provisions will increase payment concerning the need for grantees to provisions set forth in sections rates to ASCs by 0.8 percent (before determine the appropriateness of their 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applying the wage index), in accordance drug purchasing practices under as amended. The grant applications and with section 1833(i)(2)(C) of the Act, as applicable cost principles. the discussions could disclose amended by the BBA. As a practical FOR FURTHER INFORMATION CONTACT: confidential trade secrets or commercial matter, if we allowed a 30-day delay in Captain Robert Staley, the Office of Drug property such as patentable material, the effective date of this notice, ASCs Pricing, Bureau of Primary Health Care, and personal information concerning would be unable to take timely Health Resources and Services individuals associated with the grant advantage of the increase in payment Administration, 10th Floor, East West applications, the disclosure of which rates contained in this notice. Moreover, Towers, 4350 East-West Highway, would constitute a clearly unwarranted we believe a delay is impracticable and Bethesda, MD 20814; Phone (800) 628– invasion of personal privacy. unnecessary because as explained 6297; Fax (301) 594–4982. Name of Committee: Center for Scientific earlier, the statute provides that ASC SUPPLEMENTARY INFORMATION: The Review Special Emphasis Panel. payment rates be increased by the proposed grant requirement for eligible Date: February 10, 2000. percentage increase in the CPI–U if the HRSA grantee and FQHC Look-Alike Time: 4:30 PM to 7 PM. Secretary has not updated rates during Agenda: To review and evaluate grant participation in the 340B Drug Pricing a fiscal year, beginning with FY 1996. applications. Program was announced in the Federal Therefore, we find good cause to waive Place: Holiday Inn Chevy Chase, 5520 Register at 63 FR 56656 on October 22, the delay in the effective date. Wisconsin Avenue, Chevy Chase, MD 20815. 1998. A period of 60 days was In accordance with the provisions of Contact Person: Anita Miller Sostek, PHD, established to allow interested parties to Executive Order 12866, this notice was Scientific Review Administrator, Center for submit comments. HRSA received 21 Scientific Review, National Institutes of reviewed by the Office of Management comments. In light of the concerns Health, 6701 Rockledge Drive, Room 3176, and Budget. expressed about the potential adverse MSC 7848, Bethesda, MD 20892, (301) 435– (Sections 1832(a)(2)(F) and 1833(i) (1) and 1260. (2) of the Social Security Act (42 U.S.C. impact of the proposed grant requirement, HRSA has decided not to This notice is being published less than 15 1395k(a)(2)(F) and 1395l(i) (1) and (2)); 42 days prior to the meeting due to the timing CFR 416.120, 416.125, and 416.130) institute the requirement at this time. limitations imposed by the review and (Catalog of Federal Domestic Assistance Instead, HRSA will implement another funding cycle. administrative option to increase Programs No. 93.774, Medicare— Name of Committee: Center for Scientific Supplementary Medical Insurance Program) participation in the 340B Drug Pricing Review Special Emphasis Panel. Dated: October 6, 1999. Program: a statement in the HRSA Date: February 16, 2000. Michael M. Hash, Notice of Grant Award (NGA) Time: 1 PM to 4 PM. encouraging those grantees not Agenda: To review and evaluate grant Deputy Administrator, Health Care Financing applications. Administration. participating in the 340B Program to determine whether their drug Place: Governor’s House Hotel, Dated: October 25, 1999. purchasing practices meet Federal Washington, DC 20036. Donna E. Shalala, requirements regarding reasonable and Contact Person: John Bishop, PHD, Secretary. cost effective purchasing. (See 42 CFR Scientific Review Administrator, Center for [FR Doc. 00–2959 Filed 2–8–00; 8:45 am] Scientific Review, National Institutes of part 50, subpart E, and OMB Circulars Health, 6701 Rockledge Drive, Room 5180, BILLING CODE 4120±01±P A–122 and A–87 regarding cost MSC 7844, Bethesda, MD 20892, (301) 435– principles). If grantees can obtain drugs 1250. through the Drug Pricing Program at This notice is being published less than 15 DEPARTMENT OF HEALTH AND lower cost, it would be reasonable to days prior to the meeting due to the timing HUMAN SERVICES take advantage of such cost savings. limitations imposed by the review and This policy will be implemented during funding cycle. Health Resources and Services the fiscal year (FY) 2000 grant award Name of Committee: Musculoskeletal and Administration cycle. Dental Sciences Initial Review Group, Oral Biology and Medicine Subcommittee 1. Notice Regarding HRSA Grant Dated: January 3, 2000. Date: February 21–22, 2000. RequirementÐParticipation in the Claude Earl Fox, Time: 8 AM to 5 PM. 340B Drug Pricing Program Administrator. Agenda: To review and evaluate grant [FR Doc. 00–2862 Filed 2–8–00; 8:45 am] applications. AGENCY: Health Resources and Services Place: Holiday Inn Old Town Alexandria, Administration, HHS. BILLING CODE 4160±15±P 480 King Street, Alexandria, VA 22314. ACTION: Notice. Contact Person: Priscilla B. Chen, PHD, Scientific Review Administrator, Center for SUMMARY: The Health Resources and DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of Services Administration (HRSA) is HUMAN SERVICES Health, 6701 Rockledge Drive, Room 4104, announcing its decision to withdraw the MSC 7814, Bethesda, MD 20892, (301) 435– National Institutes of Health proposal to impose a grant award 1787. requirement that would have required This notice is being published less than 15 Center for Scientific Review; Notice of days prior to the meeting due to the timing HRSA grantees listed in section 340B of Closed Meetings limitations imposed by the review and the Public Health Service Act and funding cycle. Federally Qualified Health Center Pursuant to section 10(d) of the Name of Committee: Infectious Diseases (FQHC) Look-Alikes to participate in the Federal Advisory Committee Act, as and Microbiology Initial Review Group, 340B Drug Pricing Program or provide amended (5 U.S.C. Appendix 2), notice Bacteriology and Mycology Subcommittee 1. good cause for non-participation. is hereby given of the following Date: February 21–22, 2000. Instead of the proposed grant meetings. Time: 8:30 AM to 6 PM.

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Agenda: To review and evaluate grant Contact Person: Daniel R. Kenshalo, PhD, Place: Holiday Inn, 5520 Wisconsin applications. Scientific Review Administrator, Center for Avenue, Chevy Chase, MD 20815. Place: Embassy Suites, Chevy Chase Scientific Review, National Institutes of Contact Person: Cheri Wiggs, PhD, Pavilion, 4300 Military Rd, Wisconsin at Health, 6701 Rockledge Drive, Room 5176, Scientific Review Administrator, Center for Western Ave., Washington, DC 20015. MSC 7844, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Contact Person: Timothy J. Henry, PHD, 1255. Health, 6701 Rockledge Drive, Room 3180, Scientific Review Administrator, Center for Name of Committee: Pathophysiologial MSC 7848, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Sciences Initial Review Group, Lung Biology 8367. Health, 6701 Rockledge Drive, Room 4180, and Pathology Study Section. Name of Committee: Center for Scientific MSC 7808, Bethesda, MD 20892, (301) 435– Date: February 23–24, 2000. Review Special Emphasis Panel. 1147. Time: 8:00 AM to 5:00 PM. Date: February 23, 2000. This notice is being published less than 15 Agenda: To review and evaluate grant Time: 11:00 AM to 1:00 PM. days prior to the meeting due to the timing applications. Agenda: To review and evaluate grant limitations imposed by the review and Place: St. James Preferred Residence, 950 applications. funding cycle. 24th St., NW, Washington, DC 20037. Place: NIH, Rockledge 2, Bethesda, MD Name of Committee: Center for Scientific Contact Person: George M. Barnas, PhD, 20892, (Telephone Conference Call). Review Special Emphasis Panel. Scientific Review Administrator, Center for Contact Person: Dennis Leszczynski, PhD, Date: February 22–23, 2000. Scientific Review, National Institutes of Scientific Review Administrator, Center for Time: 8:30 AM to 5 PM. Health, 6701 Rockledge Drive, Room 2182, Scientific Review, National Institutes of Agenda: To review and evaluate grant MSC 7818, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 6701, applications. 0696. MSC 7892, Bethesda, MD 20892, (301) 435– Place: Hyatt Regency Hotel, One Bethesda 1044. Name of Committee: Cardiovascular Metro Center, Bethesda, MD 20814. Sciences Initial Review Group, Name of Committee: Center for Scientific Contact Person: Joanne T. Fujii, PHD, Cardiovascular Study Section. Review Special Emphasis Panel. Scientific Review Administrator, Center for Date: February 23–24, 2000. Date: February 23, 2000. Scientific Review, National Institutes of Time: 8:00 AM to 5:00 PM. Time: 3:00 PM to 4:30 PM. Health, 6701 Rockledge Drive, Room 5218, Agenda: To review and evaluate grant Agenda: To review and evaluate grant Bethesda, MD 20892, (301) 435–1178, applications. applications. [email protected]. Place: Holiday Inn, 5520 Wisconsin Ave., Place: NIH, Rockledge 2, Bethesda, MD This notice is being published less than 15 Chevy Chase, MD 20815. 20892, (Telephone Conference Call). days prior to the meeting due to the timing Contact Person: Gordon L. Johnson, PhD, Contact Person: Chhanda L. Ganguly, PhD, limitations imposed by the review and Scientific Review Administrator, Center for Scientific Review Administrator, Center for funding cycle. Scientific Review, National Institutes of Scientific Review, National Institutes of Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4136, Health, 6701 Rockledge Drive, Room 5156, Review Emphasis Panel. MSC 7802, Bethesda, MD 20892, (301) 435– MSC 7842, Bethesda, MD 20892, (301) 435– Date: February 22, 2000. 1212, [email protected]. 1739. Time: 8:30 AM to 4 PM. Name of Committee: Center for Scientific Name of Committee: Infectious Diseases Agenda: To review and evaluate grant Review Special Emphasis Panel. and Microbiology Initial Review Group, applications. Date: February 23, 2000. Microbial Physiology and Genetics Place: Holiday Inn Chevy Chase, 5520 Time: 5:00 PM to 7:00 PM. Subcommittee 1. Wisconsin Avenue, Chevy Chase, MD 20815. Agenda: To review and evaluate grant Contact Person: Lee S. Mann, PhD, JD, Date: February 23–24, 2000. applications. Scientific Review Administrator, Center for Time: 8:30 AM to 6:00 PM. Place: Holiday Inn Chevy Chase, 5520 Scientific Review, National Institutes of Agenda: To review and evaluate grant Wisconsin Avenue, Chevy Chase, MD 20815. Health, 6701 Rockledge Drive, Room 3186, applications. Contact Person: Sooja K. Kim, PhD, Chief, MSC 7848, Bethesda, MD 20892, (301) 435– Place: One Washington Circle Hotel, Nutritional and Metabolic Sciences Initial 0677. Conference Center, One Washington Circle, Review Group, Center for Scientific Review, This notice is being published less than 15 Washington, DC 20037. National Institutes of Health, 6701 Rockledge days prior to the meeting due to the timing Contact Person: Martin L. Slater, PhD, Drive, Room 6158, MSC 7892, Bethesda, MD limitations imposed by the review and Scientific Review Administrator, Center for 20892, (301) 435–1780. Scientific Review, National Institutes of funding cycle. Name of Committee: Nutritional and Health, 6701 Rockledge Drive, Room 4184, Name of Committee: Center for Scientific Metabolic Sciences Initial Review Group, MSC 7808, Bethesda, MD 20892, (301) 435– Review Special Emphasis Panel. Nutrition Study Section. 1149. Date: February 22, 2000. Date: February 24–25, 2000. Time: 2 PM to 4 PM. Name of Committee: Oncological Sciences Time: 8:00 AM to 5:00 PM. Agenda: To review and evaluate grant Initial Review Group, Experimental Agenda: To review and evaluate grant applications. Therapeutics Subcommittee 2. applications. Place: NIH, Rockledge 2, Bethesda, MD Date: February 23–25, 2000. Place: Double Tree Hotel, 1750 Rockville 20892, (Telephone Conference Call). Time: 8:30 AM to 6:00 PM. Pike, Rockville, MD 20852. Contact Person: Syed Amir, PhD, Scientific Agenda: To review and evaluate grant Contact Person: Sooja K. Kim, PhD, RD, Review Administrator, Center for Scientific applications. Scientific Review Administrator, Center for Review, National Institutes of Health, 6701 Place: Embassy Suites, Chevy Chase Scientific Review, National Institutes of Rockledge Drive, Room 6168, MSC 7892, Pavillion, 4300 Military Rd., Wisconsin at Health, 6701 Rockledge Drive, Room 6158, Bethesda, MD 20892, (301) 435–1043. Western Ave., Washington, DC 20015. MSC 7892, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 Contact Person: Marcia Litwack, PhD, 1780. days prior to the meeting due to the timing Scientific Review Administrator, Center for Name of Committee: Musculoskeletal and limitations imposed by the review and Scientific Review, National Institutes of Dental Sciences Initial Review Group, funding cycle. Health, 6701 Rockledge Drive, Room 4150, Geriatrics and Rehabilitation Medicine. Name of Committee: Center for Scientific MSC 7804, Bethesda, MD 20892, (301) 435– Date: February 24–25, 2000. Review Special Emphasis Panel. 1719. Time: 8:00 AM to 5:00 PM. Date: February 23–24, 2000. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Time: 8:00 AM to 5:00 PM. Review Special Emphasis Panel. applications. Agenda: To review and evaluate grant Date: February 23–24, 2000. Place: Latham Hotel, 3000 M Street, NW, applications. Time: 9:00 AM to 5:00 PM. Washington, DC 20007–3701. Place: Washington Monarch Hotel, 2401 M Agenda: To review and evaluate grant Contact Person: Jo Pelham, BA, Scientific Street, NW, Washington, DC 20037. applications. Review Administrator, Center for Scientific

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Review, National Institutes of Health, 6701 Scientific Review, National Institutes of for Scientific Review, National Institutes of Rockledge Drive, Room 4106, MSC 7814, Health, 6701 Rockledge Drive, Room 4186, Health, 6701 Rockledge Drive, Room 4202, Bethesda, MD 20892, (301) 435–1786. MSC 7808, Bethesda, MD 20892, (301) 435– MSC 7812, Bethesda, MD 20892, 301–435– Name of Committee: Center for Scientific 1150. 1220. Review Special Emphasis Panel. Name of Committee: Genetic Sciences Name of Committee: Center for Scientific Date: February 24–25, 2000. Initial Review Group, Genome Study Section. Review Special Emphasis Panel. Time: 8:00 AM to 5:00 PM. Date: February 24–25, 2000. Date: February 24–25, 2000. Agenda: To review and evaluate grant Time: 8:30 AM to 4:30 PM. Time: 9:00 AM to 5:00 PM. applications. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Place: The Westin Fairfax Hotel, 2100 applications. applications. Massachusetts, Ave., NW, Washington, DC Place: Doubletree Hotel Rockville, 1750 Place: Embassy Suites Hotel, The Chevy 20008. Rockville Pike, Rockville, MD 20852. Chase Pavilion, 4300 Military Road NW, Contact Person: Nancy Hicks, PhD, Contact Person: Cheryl M. Corsaro, PhD, Wisconsin at Western Avenue, Washington, Scientific Review Administrator, Center for Scientific Review Administrator, Center for DC 20015. Scientific Review, National Institutes of Scientific Review, National Institutes of Contact Person: Anita Miller Sostek, PhD, Health, 6701 Rockledge Drive, Room 3158, Health, 6701 Rockledge Drive, Room 6172, Scientific Review Administrator, Center for MSC 7770, Bethesda, MD 20892, (301) 435– MSC 7808, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of 0695. 1045. [email protected]. Health, 6701 Rockledge Drive, Room 3176, Name of Committee: Biochemical Sciences MSC 7848, Bethesda, MD 20892, (301) 435– Initial Review Group, Physiological Name of Committee: Cell Development and 1260. Chemistry Study Section. Function Initial Review Group, International and Cooperative Projects Study Section. Name of Committee: Center for Scientific Date: February 24–25, 2000. Review Special Emphasis Panel. Time: 8:00 AM to 3:00 PM. Date: February 24–25, 2000. Time: 8:30 AM to 5:00 PM. Date: February 24–25, 2000. Agenda: To review and evaluate grant Time: 9:00 AM to 5:00 PM. applications. Agenda: To review and evaluate grant applications. Agenda: To provide concept review of Place: Ritz-Carlton Hotel at Pentagon City, proposed grant applications. 1250 South Hayes Street, Arilington, VA Place: DoubleTree Hotel, 1750 Rockville Pike, Rockville, MD 20852. Place: The Doyle Hotel, 1500 New 22202. Hampshire Avenue, NW, Washington, DC Contact Person: Richard Panniers, PhD, Contact Person: Sandy Warren, MPH, DMD, Scientific Review Administrator, 20036. Scientific Review Administrator, Center for Contact Person: Carl D. Banner, PhD, Scientific Review, National Institutes of Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 5148, Scientific Review, National Institutes of 7842, Bethesda, MD 20892, (301) 435–1741. Room 5134, MSC 7840, Bethesda, MD 20892, (301) 435–1019. Health, 6701 Rockledge Drive, Room 5212, Name of Committee: Cell Development and MSC 7850, Bethesda, MD 20892, (301) 435– Function Initial Group, Cell Development Name of Committee: Center for Scientific 1251, [email protected]. and Function 3. Review Special Emphasis Panel. Date: February 24–25, 2000. Name of Committee: Center for Scientific Date: February 24–25, 2000. Review Special Emphasis Panel. Time: 8:30 AM to 5:00 PM. Time: 8:30 AM to 5:00 PM. Agenda: To review and evaluate grant Date: February 24–25, 2000. Agenda: To review and evaluate grant Time: 9:00 AM to 3:00 PM. applications. applications. Place: Holiday Inn Chevy Chase, 5520 Agenda: To review and evaluate grant Place: Embassy Suites, Chevy Chase applications. Wisconsin Avenue, Chevy Chase, MD 20815. Pavillion, 4300 Military Rd., Wisconsin at Place: Holiday Inn, Select, 480 King Street, Contact Person: Gerhard Ehrenspeck, PhD, Western Ave., Washington, DC 20015. Old Town Alexandria, VA 22314. Scientific Review Administrator, Center for Contact Person: Michael A. Lang, PhD. Contact Person: Robert Weller, PhD, Scientific Review, National Institutes of Scientific Review Administrator, Center for Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 5138, Scientific Review, National Institutes of MSC 7840, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5210, 1022, [email protected]. Health, 6701 Rockledge Drive, Room 3160, MSC 7850, Bethesda, MD 20892, (301) 435– MSC 7770, Bethesda, MD 20892, (301) 435– Name of Committee: Nutritional and 1265. 0694. Metabolic Sciences Initial Review Group, Name of Committee: Center for Scientific Metabolic Study Section. Name of Committee: Biophysical and Date: February 24–25, 2000. Review Special Emphasis Panel. Chemical Sciences Initial Review Group, Bio- Time: 8:30 AM to 6:00 PM. Date: February 24–25, 2000. Organic and Natural Products Chemistry Agenda: To review and evaluate grant Time: 8:30 AM to 5:00 PM. Study Section. applications. Agenda: To review and evaluate grant Date: February 24–25, 2000. Place: Holiday Inn Georgetown, 2101 applications. Time: 9:00 AM to 5:00 PM. Wisconsin Avenue, N.W. Washington, DC Place: Bethesda Holiday Inn, Versailles III, Agenda: To review and evaluate grant 20007 8120 Wisconsin Avenue, Bethesda, MD applications. Contact Person: Krish Krishnan, PHD, 20814. Place: Holiday Inn—Silver Spring, 8777 Scientific Review Administrator, Center for Contact Person: Samuel Rawlings, PhD. Georgia Avenue, Silver Spring, MD 20910. Scientific Review, National Institutes of Scientific Review Administrator, Center for Contact Person: Mike Radtke, PhD, Health, 6701 Rockledge Drive, Room 6164, Scientific Review, National Institutes of Scientific Review Administrator, Center for MSC 7892, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5160, Scientific Review, National Institutes of 1041. MSC 7844, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 4176, 1243. Name of Committee: Infectious Diseases MSC 7806, Bethesda, MD 20892, 301–435– and Microbiology Initial Review Group, Name of Committee: Immunological 1728, [email protected]. Microbial Physiology and Genetics Sciences Initial Review Group, Allergy and Name of Committee: Center for Scientific Subcommittee 2. Immunology Study Section. Review Special Emphasis Panel. Date: February 24–25, 2000. Date: February 24–25, 2000. Date: February 24, 2000. Time: 8:30 AM to 5:00 PM. Time: 8:30 AM to 5:00 PM. Time: 11:00 AM to 12:30 PM. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. applications. Place: River Inn, 924 25th Street, NW, Place: Holiday Inn, 5520 Wisconsin Ave, Place: NIH, Rockledge 2, Bethesda, MD Washington, DC 20037. Palladian West, Chevy Chase, MD 20815. 20892, (Telephone Conference Call). Contact Person: Rona L. Hirschberg, PhD, Contact Person: Eugene M. Zimmerman, Contact Person: Syed Husian, PhD, Scientific Review Administrator, Center for PhD, Scientific Review Administrator, Center Scientific Review Administrator, Center for

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Scientific Review, National Institutes of Executive Boulevard, Room 8044, Bethesda, 93.393, Cancer Cause and Prevention Health, 6701 Rockledge Drive, Room 5216, MD 20892 (301) 496–4964. Research; 93.394, Cancer Detection and MSC 7850, Bethesda, MD 20892–7850, (301) This notice is being published less than 15 Diagnosis Research; 93.395, Cancer 435–1224. days prior to the meeting due to the timing Treatment Research; 93.396, Cancer Biology Name of Committee: Center for Scientific limitations imposed by the review and Research; 93.397, Cancer Centers Support; Review Special Emphasis Panel. funding cycle. 93.398, Cancer Research Manpower; 93.399, Date: February 24–26, 2000. (Catalogue of Federal Domestic Assistance Cancer Control, National Institutes of Health, Time: 7:00 PM to 4:00 PM. Program Nos. 93.392, Cancer Construction; HHS) Agenda: To review and evaluate grant 93.393, Cancer Cause and Prevention applications. Research; 93.394, Cancer Detection and Dated: February 3, 2000. Place: Admiral Fell Inn, 888 South Diagnosis Research; 93.395, Cancer LaVerne Y. Stringfield, Broadway, Baltimore, MD 21231. Treatment Research; 93.396, Cancer Biology Director, Office of Federal Advisory Contact Person: Lee Rosen, PhD, Scientific Research; 93.397, Cancer Centers Support; Committee Policy. 93.398, Cancer Research Manpower, 93.399, Review Administrator, Center for Scientific [FR Doc. 00–2908 Filed 2–8–00; 8:45 am] Review, National Institutes of Health, 6701 Cancer Control, National Institutes of Health, Rockledge Drive, Room 5116, MSC 7854, HHS) BILLING CODE 4140±01±M Bethesda, MD 20892, (301) 435–1171. Dated: February 3, 2000. (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, Program Nos. 93.306, Comparative Medicine, DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory 93.306; 93.333, Clinical Research, 93.333, HUMAN SERVICES Committee Policy. 93.337, 93.393–93.396, 93.837–93.844, 93.846–93,878, 93.892, 93.893, National [FR Doc. 00–2907 Filed 2–8–00; 8:45 am] National Institutes of Health Institutes of Health, HHS). BILLING CODE 4140±01±M National Cancer Institute; Notice of Dated: February 2, 2000. Closed Meeting LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory HUMAN SERVICES Pursuant to section 10(d) of the Committee Policy. Federal Advisory Committee Act, as [FR Doc. 00–2915 Filed 2–8–00; 8:45 am] National Institutes of Health amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140±01±M is hereby given of the following National Cancer Institute; Notice of meeting. Closed Meeting The meeting will be closed to the DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the public in accordance with the HUMAN SERVICES Federal Advisory Committee Act, as provisions set forth in sections amended (5 U.S.C. Appendix 2), notice National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following as amended. The grant applications and National Cancer Institute; Notice of meeting. the discussions could disclose Closed Meeting The meeting will be closed to the confidential trade secrets or commercial public in accordance with the property such as patentable material, Pursuant to section 10(d) of the provisions set forth in sections and personal information concerning Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the grant amended (5 U.S.C. Appendix 2), notice as amended. The grant applications and applications, the disclosure of which is hereby given of the following the discussions could disclose would constitute a clearly unwarranted meeting. confidential trade secrets or commercial invasion of personal privacy. The meeting will be closed to the property such as patentable material, and personal information concerning Name of Committee: National Cancer public in accordance with the Institute Special Emphasis Panel, Molecular provisions set forth in sections individuals associated with the grant applications, the disclosure of which Mechanism of Human Bladder 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Carcinogenesis. would constitute a clearly unwarranted as amended. The grant applications and Date: February 28–March 1, 2000. the discussions could disclose invasion of personal privacy. Time: 7 p.m. to 12 p.m. confidential trade secrets or commercial Name of Committee: National Cancer Agenda: To review and evaluate grant property such as patentable material, Institute Special Emphasis Panel, Memorial applications. and personal information concerning Sloan Kettering Cancer Gene Therapy Place: The Ritz Carlton Huntington Hotel individuals associated with the grant Program. & Spa, 1401 South Oak Knoll Ave, Date: February 8–10, 2000. applications, the disclosure of which Passadena, CA 91106. Time: 7 p.m. to 12 p.m. Contact Person: Michael B Small, PhD, would constitute a clearly unwarranted Agenda: To review and evaluate grant invasion of personal privacy. Scientific Review Administrator, Grants applications. Review Branch, Division of Extramural Place: Fitzpatrick Manhattan Hotel, 687 Name of Committee: National Cancer Activities, National Cancer Institute, 6116 Lexington Avenue, New York, NY 10022. Institute Special Emphasis Panel, Dietary and Executive Boulevard, Room 8040, Bethesda, Contact Person: Mary Bell, PhD, Scientific Hormonal Determinants of Cancer in Women. MD 20892, 301/402–0996. Date: February 9–11, 2000. Review Administrator, Grants Review Time: 7:30 p.m. to 12 p.m. Branch, National Cancer Institute, National (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Institutes of Health, 6130 Executive Program Nos. 93.392, Cancer Construction; applications. Boulevard, Rockville, MD 20892, 301/496– 93.393, Cancer Cause and Prevention Place: The Best Western Boston—The Inn 7978. Research; 93.394, Cancer Detection and at Longbeach Medic, 342 Longwood Avenue, This notice is being published less than 15 Diagnosis Research; 93.395, Cancer Boston, MA 02115. days prior to the meeting due to the timing Treatment Research; 93.396, Cancer Biology Contact Person: Christopher L. Hatch, PhD, limitations imposed by the review and Research; 93.397, Cancer Centers Support; Scientific Review Administrator, Grants funding cycle. 93.398, Cancer Research Manpower, 93.399, Review Branch, Division of Extramural (Catalogue of Federal Domestic Assistance Cancer Control, National Institutes of Health, Activities, National Cancer Institute, 6116 Program Nos. 93.392, Cancer Construction; HHS)

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Dated: February 3, 2000. Diagnosis Research; 93.395, Cancer Dated: February 3, 2000. LaVerne Y. Stringfield, Treatment Research; 93.396, Cancer Biology LaVerne Y. Stringfield, Director, Office of Federal Advisory Research; 93.397, Cancer Centers Support; Director, Office of Federal Advisory Committee Policy. 93.398, Cancer Research Manpower; 93.399, Committee Policy. [FR Doc. 00–2909 Filed 2–08–00; 8:45 am] Cencer Control, National Institutes of Health, [FR Doc. 00–2910 Filed 2–8–00; 8:45 am] BILLING CODE 4140±01±M HHS) BILLING CODE 4140±01±M Dated: February 3, 2000. LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES Director, Office of Federal Advisory HUMAN SERVICES Committee Policy. National Institutes of Health [FR Doc. 00–2911 Filed 2–8–00; 8:45 am] National Institutes of Health BILLING CODE 4140±01±M National Cancer Institute; Amended National Institute of Mental Health; Notice of Meeting Notice of Closed Meeting DEPARTMENT OF HEALTH AND Notice is hereby given of a change in HUMAN SERVICES Pursuant to section 10(d) of the the meeting of the National Cancer Federal Advisory Committee Act, as Advisory Board (NCAB), February 15, National Institutes of Health amended (5 U.S.C. Appendix 2), notice 2000, 9:00 AM to February 16, 2000, is hereby given of the following 12:00 PM, National Institutes of Health, National Institute of Child Health and meeting. 9000 Rockville Pike, Building 31, C Human Development; Notice of Closed The meeting will be closed to the Wing, 6th Floor, Conference Room 10, Meeting Bethesda, Maryland 20892, which was public in accordance with the provisions set forth in sections published in the Federal Register on Pursuant to section 10(d) of the January 28, 2000, 65 FR 4563. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as as amended. The grant applications and In lieu of a face-to-face meeting, the amended (5 U.S.C., Appendix 2), notice NCAB will now convene by way of a the discussions could disclose is hereby given of the following confidential trade secrets of commercial telephone conference call on meeting. Wednesday, February 16, 2000, between property such as patentable material, the hours of 10:00 AM to 12;15 PM. The meeting will be closed to the and personal information concerning The meeting will be open to the public in accordance with the individuals associated with the grant public as indicated below, with provisions set forth in sections applications, the disclosure of which attendance limited to space available. 552b(c)(4) and 552b(c)(6), Title 5, would constitute a clearly unwarranted Individuals who plan to observe the U.S.C., as amended. The grant invasion of personal privacy. open portion of the telephone applications and the discussions could Name of Committee: National Institute of conference call and need special disclose confidential trade secrets or Mental Health Special Emphasis Panel. assistance, such as sign language commercial property such as patentable Date: February 18, 2000. interpretation or other reasonable material, and personal information Time: 11:00 AM to 1:00 PM. accommodation, should notify the concerning individuals associated with Agenda: To review and evaluate grant contact person listed below in advance the grant applications, the disclosure of applications. of the meeting. which would constitute a clearly Place: Neuroscience Center, National The meeting will be closed to the unwarranted invasion of personal Institutes of Health, 6001 Executive Blvd., Bethesda, MD 20892 (Telephone Conference public as indicated below. privacy. Call). Name of Committee: National Cancer Name of Committee: National Institute of Contact Person: Gerald E. Calderone, PHD, Advisory Board. Child Health and Human Development Initial Scientific Review Administrator, Division of Date: February 16, 2000 (Teleconference). Review Group Population Research Extramural Activities, National Institute of Open: February 16, 10:00 a.m. to 11:40 a.m. Subcommittee. Mental Health, NIH, Neuroscience Center, Agenda: Approval of December 1999 6001 Executive Blvd., Rm 6150, MSC 9608, Dates: March 9–10, 2000. meeting minutes; annual approval of Bethesda, MD 20892–9608, 301–443–1340. Time: 8:00 AM to 5:00 PM. operating guidelines and delegation of This notice is being published less than 15 authority; Director’s Report; other business of Agenda: To review and evaluate grant days prior to the meeting due to the timing the Board. applications. limitations imposed by the review and Closed: February 16, 2000, 11:45 a.m. to Place: American Inn, 8130 Wisconsin funding cycle. Adjournment. Avenue Bethesda, MD 20814. (Catalogue of Federal Domestic Assistance Agenda: Review of Grant Applications. Contact Person: Jon M. Ranhand, PhD Program Nos. 93.242, Mental Health Research Place: Building 31 C, Wing, 6 Floor Health Scientist Administrator, Division of Grants; 93.281, Scientist Development Conference Room 10, National Institutes of Scientific Review, National Institute of Child Award, Scientist Development Award for Health, 9000 Rockville Pike, Bethesda, MD Health and Human Development, 6100 Clinicians, and Research Scientist Award; 20892. Executive Blvd., Rm. 5E01, MSC 7510, 93.282, Mental Health National Research Contact Person: Dr. Marvin R. Kalt, Bethesda, MD 20892, (301) 435–6884. Service Awards for Research Training, Executive Secretary, National Cancer National Institutes of Health, HHS) Institute, National Institutes of Health, 6116 (Catalogue of Federal Domestic Assistance Dated: February 2, 2000. Executive Boulevard, 8th Floor, Room 8022, Program Nos. 93.209, Contraception and Bethesda, MD 20892–8327, (301) 496–5147. Infertility Loan Repayment Program; 93.864, LaVerne Y. Stringfield, (Catalogue of Federal Domestic Assistance Population Research; 93.865, Research for Director, Office of Federal Advisory Program Nos. 93.392, Cancer Construction; Mothers and Children; 93.929, Center for Committee Policy. 93.393, Cancer Cause and Prevention Medical Rehabilitation Research, National [FR Doc. 00–2912 Filed 2–8–00; 8:45 am] Research; 93.394, Cancer Detection and Institutes of Health, HHS) BILLING CODE 4140±01±M

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DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., The Drug Testing Advisory Board HUMAN SERVICES as amended. The grant applications and meeting will be closed from 10:15 a.m. the discussions could disclose on March 13, 2000, until 3:30 p.m. on National Institutes of Health confidential trade secrets or commercial March 14, 2000, because it involves the property such as patentable material, review of sensitive National Laboratory National Institute on Deafness and and personal information concerning Certification Program (NLCP) internal Other Communication Disorders; individuals associated with the grant operating procedures and program Notice of Closed Meeting applications, the disclosure of which development issues. Therefore, this Pursuant to section 10(d) of the would constitute a clearly unwarranted portion of the meeting will be closed to Federal Advisory Committee Act, as invasion of personal privacy. the public as determined by the amended (5 U.S.C. Appendix 2), notice Name of Committee: National Institute of Administrator, SAMHSA, in accordance is hereby given of the following Environmental Health Sciences Special with 5 U.S.C. 552b(c)(2), (4), and (6) and meeting. Emphasis Panel RFA ES00–002: The Role of 5 U.S.C. App.2, § 10(d). The meeting will be closed to the the Environment in Parkinson’s Disease. An agenda for the open session of this public in accordance with the Date: March 1–3, 2000. meeting and a roster of board members provisions set forth in sections Time: 7 PM to 5 PM. may be obtained from: Mrs. Giselle 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant Hersh, Division of Workplace Programs, applications. as amended. The contract proposals and 5600 Fishers Lane, Rockwall II, Suite Place: NIEHS-South Campus, Building 101, 815, Rockville, MD 20857, Telephone: the discussions could disclose Conference Room B, Research Triangle Park, confidential trade secrets or commercial NC 27709. (301) 443–6014. property such as patentable material, Contact Person: Linda K. Bass, PHD, Substantive program information may and personal information concerning Scientific Review Administrator, NIEHS, PO be obtained from the contact whose individuals associated with the contract Box 12233 EC–24, Research Triangle Park, name and telephone number is listed proposals, the disclosure of which NC 27709, (919) 541–1307. below. would constitute a clearly unwarranted (Catalogue of Federal Domestic Assistance Committee Name: Drug Testing invasion of personal privacy. Program Nos. 93.113, Biological Response to Advisory Board Environmental Health Hazards; 93.114, Meeting Date: March 13–14, 2000 Name of Committee: National Institute on Applied Toxicological Research and Testing; Place: Holiday Inn, 5520 Wisconsin Deafness and Other Communications 93.115, Biometry and Risk Estimation— Avenue, Chevy Chase, Maryland 20815 Disorders Special Emphasis Panel. Health Risks from Environmental Exposures; Open: March 13, 2000; 8:30 a.m.– Date: March 9, 2000. 93.141, NIEHS Hazardous Waste Worker Time: 12:30 PM to 2:30 PM. Health and Safety Training; 93.143, NIEHS 10:15 a.m. Agenda: To review and evaluate contract Superfund Hazardous Substances—Basic Closed: March 13, 2000; 10:15 a.m.– proposals. Research and Education; 93.894, Resources 4:30 p.m. Place: Executive Plaza South, Room 400C, and Manpower Development in the Closed: March 14, 2000; 8:30 a.m.– 6120 Executive Blvd., Rockville, MD 20852, Environmental Health Sciences, National 3:30 p.m. (Telephone Conference Call). Institutes of Health, HHS) Contact: Donna M. Bush, PhD., Contact Person: Melissa Stick, PhD, MPH, Dated: February 2, 2000. Executive Secretary, Telephone: (301) Scientific Review Administrator, Scientific 443–6014 and FAX: (301) 443–3031. Review Branch, Division of Extramural LaVerne Y. Stringfield, Research, NIDCD/NIH, 6120 Executive Blvd., Director, Office of Federal Advisory Dated: February 2, 2000. Bethesda, MD 20892, 301–496–8683. Committee Policy. Toian Vaughn, (Catalogue of Federal Domestic Assistance [FR Doc. 00–2914 Filed 2–8–00; 8:45 am] Committee Management Officer, Substance Program Nos. 93.173, Biological Research BILLING CODE 4140±01±M Abuse and Mental Health Services Related to Deafness and Communicative Administration. Disorders, National Institutes of Health, HHS) [FR Doc. 00–2981 Filed 2–8–00; 8:45 am] Dated: February 2, 2000. DEPARTMENT OF HEALTH AND BILLING CODE 4162±20±P LaVerne Y. Stringfield, HUMAN SERVICES Director, Office of Federal Advisory Committee Policy. Substance Abuse and Mental Health DEPARTMENT OF THE INTERIOR Services Administration [FR Doc. 00–2913 Filed 2–8–00; 8:45 am] Fish and Wildlife Service BILLING CODE 4140±01±M Center for Substance Abuse Prevention; Notice of Meeting Information Collection To Be Submitted to the Office of Management DEPARTMENT OF HEALTH AND Pursuant to Pub. L. 92–463, notice is and Budget for Approval Under the HUMAN SERVICES hereby given of the meeting of the Drug Paperwork Reduction Act Testing Advisory Board of the Center for National Institutes of Health Substance Abuse Prevention in March AGENCY: Fish and Wildlife Service, 2000. National Institute of Environmental Interior. The Drug Testing Advisory Board Health Sciences; Notice of Closed ACTION: Notice; request for comments. meeting will be open from 8:30 a.m. Meeting until 10:15 a.m. on March 13, 2000. The SUMMARY: We will submit the collection Pursuant to section 10(d) of the open session will include a roll call, an of information listed below to OMB for Federal Advisory Committee Act, as HHS update, a DOT update, and a brief approval under the provisions of the amended (5 U.S.C. Appendix 2), notice review of alternative specimen testing. Paperwork Reduction Act. We have is hereby given of the following A public comment period will be included a copy of the information meeting. scheduled during the open session. If collection requirement in this notice. If The meeting will be closed to the anyone needs special accommodations you wish to obtain copies of the public in accordance with the for persons with disabilities please proposed information collection provisions set forth in sections notify the Contact listed below. requirement, related forms, and

VerDate 272000 17:14 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6389 explanatory material, contact the Service Form Number: 3–2001. Alaska citizens. We will use information Service Information Collection Description and use: The National provided on the required written forms Clearance Officer at the address listed Wildlife Refuge System Improvement and/or verbal applications to ensure that below. Act of 1997 that amends the National the applicant is eligible for non- DATES: You must submit comments on Wildlife Refuge Administration Act of competitively awarded permits, or in or before April 10, 2000. 1966 (16 U.S.C. 668 dd–ee) requires that the case of competitively awarded ADDRESSES: Send your comments on the we authorize economic privileges on permits, the most qualified applicant to requirement to the Information any national wildlife refuge by permit receive benefits of a refuge permit. In Collection Clearance Officer, U.S. Fish only when the activity will not be the case of ‘‘1307’’ permits, we will use and Wildlife Service, Room 222 ARLSQ, incompatible with the purposes for the information to determine whether 1849 C Street, NW, Washington, DC which the refuge was established. The the applicant is: a member of a Native 20204. Alaska National Interest Lands Corporation; a local resident; engaged in Conservation Act (ANILCA) provides for adequately providing visitors services FOR FURTHER INFORMATION CONTACT: To the disposition and use of a variety of on or before January 1, 1979; or eligible request a copy of the information federally owned lands in Alaska. to receive Cook Inlet Region rights. collection request, explanatory information, and related forms, contact Section 1307 of ANILCA contains two We make provision in our general Rebecca A. Mullin at (703) 358–2287 or provisions concerning persons and refuge regulations for public entry for electronically to [email protected]. entities who we are to give special rights specialized purposes, including and preferences with respect to SUPPLEMENTARY INFORMATION: The Office economic activities such as the providing ‘‘visitor services’’ on certain of Management and Budget (OMB) operation of guiding and other visitor lands under the administration of the regulations at 5 CFR part 1320, which services on refuges by concessionaires Secretary of the Interior (Secretary), in implement provisions of the Paperwork or cooperators under appropriate this context, units of the National Reduction Act of 1995 (Public Law 104– contracts or legal agreements (found in Wildlife Refuge System. The term, 13), require that interested members of 50 CFR 25.61) or special use permits ‘‘visitor services,’’ is defined in section the public and affected agencies have an (found in 50 CFR parts 26.22(b) and 1307 as ‘‘* * * any service made opportunity to comment on information 26.25). These rules provide the available for a fee or charge to persons collection and recordkeeping activities authorities and procedures for selecting who visit a conservation system unit, (see 5 CFR 1320.8(d)). We plan to permittees on Alaska refuges, the vast submit a request to OMB to renew including such services as providing majority of which are providers of approval of the collection of information food, accommodations, transportation, services and facilities to the public. We for special use permit applications on tours and guides, excepting the guiding will issue permits for a specific period national wildlife refuges in Alaska. We of sport hunting and fishing.’’ Other as determined by the type and location are requesting a 3-year term of approval sections of ANILCA allow the Secretary of the use or visitor service provided. to permit uses on national wildlife for this information collection activity. Frequency of Collection: On occasion. An agency may not conduct or sponsor, refuges in Alaska under certain Description of Respondents: and a person is not required to respond conditions. Specifically, section 1303 of Individuals and households; Business to a collection of information unless it ANILCA states that we will issue no and other for-profit; Not-for-profit displays a currently valid OMB control special use permits unless the permit institutions; Farms; and State, local or number. applicant provides certain items of Title: Special Use Permit Applications information. Tribal governments. on National Wildlife Refuges in Alaska. We will provide the permit Total Annual Burden Hours: (see Approval Number: 1018–0014. applications as requested by interested table below).

INFORMATION COLLECTION BURDEN ESTIMATE

Non-competitive Type of permit Competitive respondents respondents

Visitor Services: Hunting and Fishing ...... 50 ...... 160 Completion time ...... 30 hours ...... 1.5 hours Annual burden hours ...... 1,500 hour ...... 240 hours Total annual burden hours: 1,740. Visitor Services: General ...... 2. Completion time ...... 40 hours. Annual burden hours: 80. Combined Annual Burden: Number of responses: 212. Average burden per response: 8.6 hours. Annual burden: 1,820 hours.

We invite comments concerning this practical utility; (2) The accuracy of our collection of information on renewal on (1) Whether the collection of estimate of the burden of the collection respondents. The information information is necessary for the proper of information; (3) Ways to enhance the collections in this program are part of a performance of our migratory bird quality, utility, and clarity of the system of record covered by the Privacy management functions, including information to be collected; and (4) Act (5 U.S.C. 552(a)). whether the information will have Ways to minimize the burden of the

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Dated: February 1, 2000. Mullin, Service Information Collection OMB Approval Number: (not yet Paul R. Schmidt, Clearance Officer 703/358–2287. assigned). Acting Assitant Director for Refuges and Title: Federal Subsistence Hunt Service Form Number(s): 7–FW3. Wildlife. Application and Permit and Designated Abstract: Under the Alaska National [FR Doc. 00–2809 Filed 2–8–00; 8:45 am] Hunter Permit Application and Permit. Interest Lands Conservation Act BILLING CODE 4310±55±U OMB Approval Number: 1018–0075. (ANILCA) allows the taking of fish and Service Form Number(s): 7–FW 1 and wildlife on public lands in Alaska for 7–FW 2. subsistence use. In order to take fish and DEPARTMENT OF THE INTERIOR Abstract: The Alaska National Interest wildlife in public lands for subsistence Lands Conservation Act (ANILCA) and uses, users must possess and comply Fish and Wildlife Service Fish and Wildlife Service regulations, with the provisions of any pertinent permit, harvest tickets, or tags required Information Collection To Be found in 50 CFR 100, require that by the State, or Federal permits, harvest Submitted to the Office of Management persons engaged in taking fish and tickets or tags as required by the Federal and Budget (OMB) for Approval wildlife must comply with reporting provisions of the Federal Subsistence subsistence board (Board). All Alaskans AGENCY: Fish and Wildlife Service, Board. The harvest activity must be who are residents of rural areas or Interior. reported. In many cases, a special communities are eligible to participate permit is required for the rural resident in subsistence taking of that stock or ACTION: Notice, information collection. to be able to participate in special hunts. population under the regulations in 50 The Office of Management and Budget The harvest information is needed in CFR 100. Information on the fisherman, (OMB) regulations at 5 CFR part 1320, order to evaluate subsistence harvest qualified subsistence users fished for, which implement provisions of the success; the effectiveness of season the fish/shellfish harvested, and the Paperwork Reduction Act of 1995 lengths, harvest quotas, and harvest location of harvest is needed by the (Public Law 104–13), require that restrictions; hunting patterns and board in making recommendations on interested members of the public and practices; and hunter use. Once harvest subsistence use. Once harvest success affected agencies have an opportunity to success information is evaluated, the information is evaluated, the Federal comment on information collection and Federal Subsistence Board utilizes this Subsistence Board utilizes this recordkeeping activities (see 5 CFR information, along with other information, along with other 1320.8(d)). We will submit a request to information, to set future seasons and information, to set future seasons and OMB to renew its approval of the harvest limits for Federal subsistence harvest limits for Federal subsistence collection of information for the Federal resource users. These seasons and resource users. These seasons and Subsistence Hunt Application and harvest limits are set in order to meet harvest limits are set in order to meet Permit, Designated Hunter Permit the needs of subsistence hunters the needs of subsistence fisherman Application and Report, and Federal without adversely impacting the health without adversely impacting the health Subsistence Fish/Shellfish Harvest/ of existing wildlife populations. The of existing fish/shellfish populations. Designated Harvester Application. We Federal Subsistence Hunt Application The Federal Subsistence Hunt are requesting a 3-year term of approval and Permit also provides a mechanism Application and Permit also provides a of this new information collection to allow Federal subsistence users the mechanism to allow Federal subsistence activity. Pursuant to our request for opportunity to participate in special users the opportunity to participate in OMB approval of this new information hunts that are not available to the special fishing opportunities that are not collection, we invite comments on (1) general public but are provided for by available to the general public but are whether the collection of information is Title VIII of ANILCA. Both reports provided for by Title VIII of ANILCA. necessary for the proper performance of provide for the collection of the Description of Respondents: our functions, including whether the necessary information; however, the Individuals and households. information will have practical utility; Designated Hunter Report is unique in Estimated Completion Time: The (2) the accuracy of our estimate of that it allows the reporting of the reporting burden is estimated to be .25 burden, including the validity of the harvest of multiple animals by a single hours or 15 minutes each. methodology and assumptions used, hunter who is acting for others. The Annual Responses: 5,200 (Federal and (3) ways to enhance the quality, Designated Hunter Application and Subsistence Hunt Application and utility, and clarity of the information, Permit also serves as a special permit Permit); 700 (Designated Hunter Permit including through the use of appropriate allowing qualified subsistence users to Application and Report); 1,000 (Federal automated, electronic, mechanical, or harvest fish or wildlife for others. The Subsistence Fish/Shellfish Harvest/ other technological collection collection of information is needed prior Designated Harvester Application). techniques or other forms of information to the expiration of time periods Total Annual Burden Hours: 1,725 technology. established under 5 CFR 1320, and is hours. essential to the missions of the Fish and DATES: Comments must be submitted on Dated: February 2, 2000. Wildlife Service and the Federal or before April 10, 2000. Thomas H. Boyd, Subsistence Board. Without this ADDRESSES: Harvest Data Coordinator, information public harm would occur as Acting Chairman, Federal Subsistence Board. Alaska Subsistence Office, 1011 East a result of the Service’s inability to set [FR Doc. 00–2901 Filed 2–8–00; 8:45 am] Tudor Road, Anchorage, Alaska 99503. subsistence seasons and harvest limits BILLING CODE 4310±55±M Service Information Collection to meet users’ needs without adversely Clearance Officer, U.S. Fish and impacting the health and the animal Wildlife Service, MS 224–ARLSQ, 1849 population. DEPARTMENT OF THE INTERIOR C Street, NW., Washington, DC 20240. Frequency: On occasion. Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: Title: Federal Subsistence Fish/ Charles Miller, Alaska Subsistence Shellfish Harvest/Designated Harvester AGENCY: Fish and Wildlife Service, Office, 907/786–3888 or Rebecca Application. Interior.

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ACTION: Notice of Intent To Prepare a Plan and facilitate potential changes in Freedom of Information Act, Council on Comprehensive Conservation Plan and habitat management and public uses, Environmental Quality’s NEPA Associated Environmental Impact with full public participation. The major regulations 40 CFR 1506.6(f), and other Statement. issues to be addressed in the CCP Service and Department policy and include habitat protection and procedures. When requested, the SUMMARY: This notice advises the public enhancement, boundary expansion and Service generally will provide comment that the U.S. Fish and Wildlife Service completion of the Refuge, riparian and letters with the names and addresses of (Service) is preparing a Comprehensive tidal restoration, control of invasive and the individuals who wrote the Conservation Plan (CCP) and an exotic vegetation, future flooding, comments. However, the telephone Environmental Impact Statement (EIS) compatibility of secondary uses, public number of the commenting individual for Nisqually National Wildlife Refuge, access and accessibility, fishing, and will not be provided in response to such Thurston and Pierce Counties, waterfowl hunting. requests to the extent permissible by Washington. The Service is furnishing Starting in 1996, issues, goals, and law. Additionally, public comment this notice in compliance with Service other comments on the CCP were letters are not required to contain the CCP policy and the National submitted by persons and organizations author’s name, address, or other Environmental Policy Act (NEPA) and involved in the scoping process identifying information. Such comments implementing regulations to advise including: the Washington Department may be submitted anonymously to the other agencies and the public of our of Fish and Wildlife; Ft. Lewis; the Service. intentions. Nisqually Indian Tribe; Thurston and You may submit comments by DATES: Submit comments on or before Pierce Counties; members of national, sending electronic mail (e-mail) to: March 10, 2000. state, and local conservation FW1PubliclCommentsl ADDRESSES: Address comments and organizations; neighboring landowners; [email protected]. Submit comments requests for more information to: Refuge and other interested citizens. Comments as an ASCII file, avoiding the use of Manager, Nisqually National Wildlife and concerns received are being used to special characters and any form of Refuge, 100 Brown Farm Road, draft alternatives. encryption. On the e-mail message title Five planning updates have been Olympia, Washington, 98516. line, please note that your message is in mailed out to approximately 600 Submit electronic mail comments to: response to the Nisqually NWR Draft addresses. The first two updates FW1PubliclCommentsl CCP and Draft EIS. soliciting comments were mailed in [email protected]. See Submitting The environmental review of this August and November 1996. The third Comments under SUPPLEMENTARY project will be conducted in accordance update, which announced the public INFORMATION for file formats and other with the requirements of the National open houses, was mailed in November information about electronic Environmental Policy Act of 1969, as 1997. Comments received were used to commenting. amended (42 U.S.C. 4321 et seq.), NEPA develop goals, key issues, and habitat Regulations (40 CFR 1500–1508), other FOR FURTHER INFORMATION CONTACT: management strategies that were appropriate Federal laws and Refuge Manager Jean Takekawa at (360) presented at public open houses in the regulations, Executive Order 12996, and 753–9467 (see ADDRESSES section for fall of 1997. In addition, more than 600 Service policies and procedures for mailing address). issues workbooks were mailed or compliance with those regulations. We SUPPLEMENTARY INFORMATION: distributed at the open houses. The estimate that the Draft CCP and Draft workbook, offered people a chance to EIS will be available by Summer 2000. Background provide input on the CCP, draft Refuge During the Environmental Assessment goals, and four main issues, including: Dated: January 28, 2000. development process, a further (1) Changing the mix of habitat types at Thomas Dwyer, determination was made that an EIS the Refuge; (2) trail access and Regional Director, Region 1, Portland, Oregon. should be prepared to address NEPA configuration; (3) waterfowl hunting; [FR Doc. 00–2871 Filed 2–8–00; 8:45 am] requirements for the development of the and (4) Refuge expansion and land BILLING CODE 4310±55±P CCP. A previous notice to prepare a CCP protection. Planning update number was published in the Federal Register four, mailed in April 1998, summarized (62 FR 52764–52765, Oct. 9, 1997). the comments received from the DEPARTMENT OF THE INTERIOR It is Service policy to have all lands workbook. Update number five was within the National Wildlife Refuge mailed in December 1998, and Fish and Wildlife Service (NWR) System managed in accordance summarized the results of three with an approved CCP. The CCP guides workshops which focused on: public Endangered and Threatened Species management decisions and identifies use; grasslands; and estuarine and Permit Application refuge goals, long-range objectives, and freshwater wetlands restoration and AGENCY: Fish and Wildlife Service, strategies for achieving refuge purposes. management. Copies of these planning Interior. Public input into this planning process updates may be requested from the ACTION: Notice of receipt of application. is encouraged. The CCP will provide Refuge. other agencies and the public with a The following applicant has applied Submitting Comments clear understanding of the desired for a permit to conduct certain activities conditions for the Refuge and how the With the publication of this notice, with endangered species. This notice is Service will implement management the public is encouraged to send written provided pursuant to section 10(c) of strategies. comments. Comments already received the Endangered Species Act of 1973, as The Nisqually NWR was established are on record and need not be amended (16 U.S.C. 1531, et seq.). in 1974, ‘‘* * * for use as an inviolate resubmitted. All comments received sanctuary, or for any other management from individuals on a draft EIS become Permit Number TE022454–0 purposes, for migratory birds’’ (16 part of the official public record. Applicant: The Nature Conservancy, U.S.C. 715d). A CCP is needed to update Requests for such comments will be Michigan Chapter, East Lansing, the 1978 Nisqually NWR Conceptual handled in accordance with the Michigan; Helen Taylor, State Director

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The applicant requests a permit for availability of an Environmental responsible management of the Dyke the purpose of determining management Assessment for the proposed Marsh ecosystem. strategies for the Karner blue butterfly construction of a raised boardwalk and • Provide for increased educational (Lycaeides melissa samuelis) in improvements to wildlife viewing opportunities and public understanding southwestern Newaygo County, opportunities at Dyke Marsh Wildlife of Dyke Marsh and wetland ecology. Michigan. The applicant proposes to Preserve, within the George Washington complete the following activities which Memorial Parkway (Parkway). The The proposed action is based on may take the Karner blue butterfly: (1) Environmental Assessment examines longstanding observations by National Control and eliminate invasive alien several alternatives for the specific Park Service staff, general park visitors, plants, particularly spotted knapweed location, size, and configuration of the and members of the Friends of Dyke (Centaurea maculosa), by the initiation boardwalk. The National Park Service is Marsh. The current trail system neither of a proposed burn regime, hand-pulling soliciting comments on this provides adequate access to the marsh, and spot-burning, (2) research and Environmental Assessment. These nor is appropriate for the protection of monitoring of the species to determine comments will be considered in vegetation and wildlife, including the impacts of the management regime evaluating it and making decisions migratory and nesting bird species. described above, and (3) to expand and pursuant to the National Environmental While the Dyke Marsh trail provides restore suitable habitat for occupation Policy Act (NEPA). reasonably good access to a point by the species. Take (kill, harass) is DATES: The Environmental Assessment somewhat beyond the existing wooden expected to occur in association with will remain available for public footbridge, beyond that point the trail proposed activities. Activities are comment 30 days from the date of simply degenerates into a network of proposed for the enhancement of publication in the Federal Register. poorly defined, muddy social trails, survival of the species in the wild. Written comments should be received many of which are inundated at high Written data or comments should be no later than March 10, 2000. tide. While the social trails suggest a submitted to the Regional Director, U.S. desire by visitors to be able to access the Fish and Wildlife Service, Ecological ADDRESSES: Comments on this Environmental Assessment should be area, it is clear that there is no well Services Operations, 1 Federal Drive, defined or officially provided trail to Fort Snelling, Minnesota 55111–4056, submitted in writing to: Ms. Audrey F. Calhoun, Superintendent, George meet that need. The existing conditions and must be received within 30 days of are insensitive to protection of the date of this publication. Washington Memorial Parkway, Turkey vegetation and wildlife, and encourage Documents and other information Run Park, McLean, Virginia 22101. The submitted with this application are Environmental Assessment will be the inappropriate and unmanaged available for review by any party who available for public inspection Monday development of more social trails. In submits a written request for a copy of through Friday, 8:00 a.m. through 4:00 addition, tidal fluctuations effectively such documents to the following office p.m. at GWMP Headquarters, Turkey limit opportunities to access some of the within 30 days of the date of publication Run Park, McLean, VA, on the National most scenic and interesting portions of of this notice: U.S. Fish and Wildlife Park Service Website www.nps.gov/ the marsh, since much of the area is Service, Ecological Services Operations, gwmp/Dmcons.html and at several inundated or excessively muddy much 1 Federal Drive, Fort Snelling, libraries in Alexandria, Fairfax and of the time. Minnesota 55111–4056. Telephone: Arlington, Virginia. Increasingly, Dyke Marsh serves as a (612/713–5350); FAX: (612/713–5292). SUPPLEMENTARY INFORMATION: The venue for environmental education and Dated: February 3, 2000. National Park Service proposes to science programs for local school Charles M. Wooley, construct a raised boardwalk and systems. The Parkway’s expanding Assistant Regional Director, Ecological viewing platform at the end of the ‘‘Haul Parks-As-Classrooms program, as well Services, Region 3, Fort Snelling, Minnesota. Road’’ trail in Dyke Marsh, now called as a multi-park science oriented [FR Doc. 00–2986 Filed 2–8–00; 8:45 am] Dyke Marsh trail, an area that is program brings elementary and high currently difficult to access because of BILLING CODE 4310±55±P school aged students to Dyke Marsh for persistent wet conditions. The intent of educational programs. Construction of the proposed raised boardwalk is to the boardwalk and viewing platform DEPARTMENT OF THE INTERIOR provide better access and viewing would enhance educational opportunities than the current opportunities by making the marsh National Park Service proliferation of informal social trails more easily accessible and improving currently afford, and to encourage wildlife viewing opportunities. Environmental Assessment for visitor use patterns that are more Construction of a Raised Boardwalk consistent with protection of the area’s All interested individuals, agencies, and Improvements to Wildlife Viewing sensitive ecosystem. Specifically, the and organizations are urged to provide Areas at Dyke Marsh Wildlife Preserve proposed action aims to: comments on the Environmental • Assessment. The National Park Service AGENCY: National Park Service, Interior. Provide enhanced opportunities to view wildlife and the environs of Dyke in making a final decision regarding this ACTION: Availability of the Marsh by improving access to the area, matter will consider all comments Environmental Assessment for the and affording a slightly elevated vantage received by the closing date. proposed construction of a raised point from which visitors may view boardwalk and improvements to FOR FURTHER INFORMATION CONTACT: Mr. wildlife and enjoy the surroundings. Bart Truesdell, (703) 289–2530. wildlife viewing areas at Dyke Marsh • Wildlife Preserve (Dyke Marsh). Enhance the protection of the area’s natural resources by providing Audrey F. Calhoun, SUMMARY: Pursuant to Council on appropriate facilities (i.e., a raised Superintendent, George Washington Environmental Quality regulations and boardwalk and interpretive waysides) Memorial Parkway. National Park Service policy, the that encourage visitor use patterns and [FR Doc. 00–2883 Filed 2–8–00; 8:45 am] National Park Service announces the activities that are consistent with BILLING CODE 4310±70±P

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DEPARTMENT OF THE INTERIOR credit unions, fitness centers, etc.), when: (a) One of the following is a party volunteers, and visitors. to the proceeding or has an interest in Bureau of Reclamation the proceeding: (i) The Department or CATEGORIES OF RECORDS IN THE SYSTEM: any component of the Department; (ii) Privacy Act of 1974, as Amended; Records maintained on current and Any Departmental employee acting in System of Records former agency employees and his or her official capacity; (iii) Any contractors may include the following AGENCY: Bureau of Reclamation, Departmental employee acting in his or data fields: Name; Social Security Interior. her individual capacity where the Number (or other personal identifier); Department or the Department of Justice ACTION: Notice of major changes to a date of birth; signature; image system of records. has agreed to represent the employee; or (photograph); hair color; eye color; (iv) The United States, when the SUMMARY: Pursuant to the provisions of height; weight; organization/office of Department determines that the the Privacy Act of 1974, as amended (5 assignment; telephone number of Department is likely to be affected by U.S.C. 552a), notice is hereby given that emergency contact; date and time of the proceeding; and (b) The Department the Department of the Interior proposes entry; time of exit; security access deems the disclosure to be: (i) Relevant major changes to a notice describing a category; number of ID/security cards and necessary to the proceedings; and system of records managed by the issued; and ID/security card issue date, (ii) Compatible with the purpose for Bureau of Reclamation. The system of expiration date, and serial number. which we compiled the information. (5) records notice ‘‘Individual Records of Records maintained on all other The appropriate Federal, State, tribal, Issue, BOR–11’’ is being revised and individuals covered by the system may local, or foreign governmental agency renamed ‘‘Identification/Security Cards, include any or all of the following data: that is responsible for investigating, WBR–11.’’ The system description is Name; Social Security Number (or one prosecuting, enforcing, or implementing published in its entirety below. of the following: driver’s license a statute, rule, regulation, order, or number, ‘‘Green Card’’ number, Visa/ DATES: This action will be effective license, when we become aware of an Passport number, or other personal without further notice on March 10, indication of a violation or potential identifier); date and time of entry; time 2000, unless comments are received that violation of the statute, rule, regulation, of exit; purpose for entry; agency point would result in a contrary order, or license. (6) A congressional of contact; security access category; determination. office in response to an inquiry to that number of ID/security cards issued; and office by the individual to whom the ADDRESSES: Send comments to Bureau ID/security card issue date, expiration records pertain. of Reclamation, Attn: Mr. Casey Snyder, date, and serial number. D–7924, Privacy Act Officer, PO Box POLICIES AND PRACTICES FOR STORING, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 25007, Denver, Colorado 80225–0007. RETRIEVING, ACCESSING, RETAINING, AND FOR FURTHER INFORMATION CONTACT: Ms. 5 U.S.C. 301; 40 U.S.C. 486; 44 U.S.C. DISPOSING OF RECORDS IN THE SYSTEM: 3101; Presidential Memorandum on Rayleen Cruz, Manager, Property and STORAGE: Office Services at (303) 445–2023. Upgrading Security at Federal Facilities, June 28, 1995. SUPPLEMENTARY INFORMATION: The Maintained on paper, microfiche, or computer files. original system of records notice PURPOSE(S): ‘‘Individual Records of Issue, BOR–11,’’ (1) To ensure the safety and security RETRIEVABILITY: was published in the Federal Register of Reclamation’s buildings, facilities, Records are retrievable by name; on February 22, 1985, (50 FR 7391). The and occupants. (2) To verify that all Social Security Number (or other original system of records notice also persons entering the buildings are personal identifier); image (photograph); covered Government parking spaces and authorized to enter. organization/office of assignment; keys issued, which are now covered (3) To track and control ID/security agency point of contact; security access; under ‘‘Employee Administrative cards issued to persons entering category; date and time of entry; time of Records, DOI–58. Reclamation buildings or facilities. exit; and ID/security card issue date, Routine uses of records maintained in Murlin Coffey, expiration date, and serial number. Manager Property and Office Services. the system, including categories of users and the purposes of such uses: SAFEGUARDS: INTERIOR/WBR±11 Disclosures outside Reclamation may be made: The records are maintained in SYSTEM NAME: (1) To security service companies that accordance with 43 CFR 2.51. Identification/Security Cards. provide monitoring and maintenance RETENTION AND DISPOSAL: SYSTEM LOCATION: support for the system. (2) To the Records relating to persons covered All Bureau of Reclamation Federal Protective Service and by the system are retained in accordance (Reclamation) offices or facilities which appropriate Federal, State, and local law with General Records Schedule 18, Item manage an identification (ID)/security enforcement agencies to investigate No. 17. Unless retained for specific system. emergency response situations or to investigate and prosecute the violation ongoing security investigations, records CATEGORIES OF INDIVIDUALS COVERED BY THE of law, statute, rule, regulation, order, or are disposed of in accordance with SYSTEM: license. (3) Another Federal agency to appropriate Reclamation, Departmental, All individuals who have access to enable that agency to respond to an and General Records Schedules. Reclamation’s buildings and facilities. inquiry by the individual to whom the These include, but are not limited to, record pertains. (4) The Department of SYSTEM MANAGER AND ADDRESS: the following: Current and former Justice, or to a court, adjudicative or Manager, Property and Office Services agency employees and contractors, other administrative body, or to a party (D–7900), Reclamation Service Center, persons authorized to perform or to use in litigation before a court or PO Box 25007, Denver, Colorado 80225– services provided by Reclamation (e.g., adjudicative or administrative body, 0007.

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NOTIFICATION PROCEDURES: disposed of at the scheduled meeting, (OMB) for review and clearance in Individuals requesting notification of may be carried over to the agenda of the accordance with the Paperwork the existence of records on themselves following meeting. Reduction Act of 1995. OMB approval should address their request to the By order of the Commission. has been requested by February 11, 2000. The proposed information appropriate administrative office or Issued: February 3, 2000. facility of Reclamation in which the collection is published to obtain Donna R. Koehnke, individual is (or was) employed, the comments from the public and affected office or facility maintaining the Secretary. agencies. If granted, the emergency records, or the system manager listed [FR Doc. 00–3021 Filed 2–4–00; 4:30 pm] approval is only valid for 180 days. above. The request must be in writing BILLING CODE 7020±02±P Comments should be directed to OMB, and signed by the requester (see 43 CFR Office of Information Regulation Affairs, 2.60). Attention: Department of Justice Desk INTERNATIONAL TRADE Officer (202) 395–3122, Washington, DC RECORD ACCESS PROCEDURES: COMMISSION 20530. Individuals requesting access to During the first 60 days of this same records maintained on themselves Sunshine Act Meeting period a regular review of this should address their request to the information/collection is also being AGENCY HOLDING THE MEETING: United appropriate administrative office or undertaken. In addition to comments States International Trade Commission. facility of Reclamation in which the and/or questions pertaining to this individual is (or was) employed, the TIME AND DATE: February 15, 2000 at pending request for emergency office or facility maintaining the 11:00 a.m. approval, written comments and records, or the system manager listed PLACE: Room 101, 500 E Street SW, suggestions from the public and affected above. The request must be in writing Washington, DC 20436 Telephone: (202) agencies concerning the proposed and signed by the requester (see 43 CFR 205–2000. collection of information are encouraged 2.63). STATUS: Open to the public. and will be accepted for 60 days from the date listed at the top of this page in CONTESTING RECORDS PROCEDURES: MATTERS TO BE CONSIDERED: 1. Agenda for future meeting: none. the Federal Register. A petition for amendment must be in Comments should address one or writing and signed by the requester. It 2. Minutes. 3. Ratification List. more of the following four points: should be addressed to the System (1) Evaluate whether the proposed 4. Inv. Nos. 701–TA–302 and 731– Manager and must meet the content collection of information is necessary TA–454 (Review)(Fresh and Chilled requirements of 43 CFR 2.71. for the proper performance of the Atlantic Salmon from Norway)— functions of the agency, including RECORD SOURCE CATEGORIES: briefing and vote. (The Commission will whether the information will have Individuals covered by the system, transmit its determination to the practical utility; supervisors, and designated Secretary of Commerce on February 24, (2) Evaluate the accuracy of the management officials. 2000.) agency’s estimate of the burden of the 5. Outstanding action jackets: none. [FR Doc. 00–2905 Filed 2–8–00; 8:45 am] proposed collection of information, In accordance with Commission BILLING CODE 4310±94±P including the validity of the policy, subject matter listed above, not methodology and assumptions used; disposed of at the scheduled meeting, (3) Enhance the quality, utility, and may be carried over to the agenda of the INTERNATIONAL TRADE clarity of the information to be following meeting. COMMISSION collected; and By order of the Commission. (4) Minimize the burden of the Sunshine Act Meeting Issued: February 3, 2000. collection of information on those who Donna R. Koehnke, are to respond, including through the AGENCY HOLDING THE MEETING: United Secretary. use of appropriate automated, States International Trade Commission. [FR Doc. 00–3022 Filed 2–4–00; 4:25 pm] electronic, mechanical, or other TIME AND DATE: February 11, 2000 at technological collection techniques or BILLING CODE 7020±02±P 10:00 a.m. other forms of information technology, PLACE: Room 101, 500 E Street SW e.g., permitting electronic submission of Washington, DC 20436 Telephone: (202) responses. DEPARTMENT OF JUSTICE 205–2000. Written comments and/or suggestions STATUS: Open to the public. Office of Community Oriented regarding the items contained in this notice, especially regarding the MATTERS TO BE CONSIDERED: Policing: Agency Information 1. Agenda for future meeting: none. Collection Activities: Proposed emergency approval request, estimated 2. Minutes. Collection; Comment Request public burden and associated response 3. Ratification List. time, should be directed to the COPS 4. Inv. Nos. 731–TA–864–867 ACTION: Notice of Information Office, PPSE Division, 1100 Vermont (Preliminary)(Certain Stainless Steel Collection Under Review; New Ave., NW, Washington, DC 20530–0001; Butt-Weld Pipe Fittings from Germany, Collection COPS Problem-Solving Attention: Karen Beckman. Italy, Malaysia, and the Philippines)— Management Survey. Additionally, comments may be briefing and vote. (The Commission will submitted to COPS via facsimile to 202– transmit its determination to the The Department of Justice, Office of 633–1386, Attention: Karen Beckman. Secretary of Commerce on February 14, Community Oriented Policing Services Comments may also be submitted to the 2000.) (COPS) has submitted the following Department of Justice (DOJ), Justice 5. Outstanding action jackets: none. information collection request utilizing Management Division, Information In accordance with Commission emergency review procedures, to the Management and Security Staff, policy, subject matter listed above, not Office of Management and Budget Attention: Department Deputy

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Clearance Officer, National Place, Suite Clearance Officer, United States Dated: December 30, 1999. 1220, 1331 Pennsylvania Avenue, NW, Department of Justice, Information John H. King, Washington, DC 20530. Management and Security Staff, Justice Deputy Assistant Administrator, Office of Overview of this information Management Division, National Place, Diversion Control, Drug Enforcement collection: Suite 1220, 1331 Pennsylvania Avenue, Administration. (1) Type of Information Collection: NW, Washington, DC 20530. [FR Doc. 00–2873 Filed 2–8–00; 8:45 am] New collection. BILLING CODE 4410±09±M (2) Title of the Form/Collection: COPS Dated: February 3, 2000. Problem-Solving Management Survey. Brenda E. Dyer, (3) Agency form number, if any, and Department Deputy Clearance Officer, United DEPARTMENT OF JUSTICE the applicable component of the States Department of Justice. Department of Justice sponsoring the [FR Doc. 00–2898 Filed 2–8–00; 8:45 am] Drug Enforcement Administration collection: Form: COPS PPSE/01. Office BILLING CODE 4410±AT±M of Community Oriented Policing Importer of Controlled Substances; Services, U.S. Department of Justice. Notice of Registration (4) Affected public who will be asked DEPARTMENT OF JUSTICE or required to respond, as well as a brief By Notice dated October 8, 1999, and abstract: Captains, Chiefs, Detectives/ Drug Enforcement Administration published in the Federal Register on Sergeants, and Crime Analysts from 75 October 18, 1999, (64 FR 56226), Glaxo large police agencies that have received Manufacturer of Controlled Wellcome, Inc., Attn: Jeffrey A. Weiss, COPS 1999 School Based Partnership Substances; Notice of Registration; 1011 North Arendell Avenue, PO Box Grants will be asked to respond 1217, Zebulon, North Carolina 27597– (approximately 300). The Problem- By Notice dated August 17, 1999, and 2309, made application to the Drug Solving Management Survey will collect published in the Federal Register on Enforcement Administration to be basic information about the capacity of August 27, 1999, (64 FR 46953), B.I. registered as an importer of police agencies to prioritize problems, Chemicals, Inc., 2820 N. Normandy Remifentanil (9739), a basic class of their knowledge of agency resources, Drive, Petersburg, Virginia 23805, made controlled substance listed in Schedule and their understanding of problem- application by renewal to the Drug II. solving information as it relates to Enforcement Administration (DEA) to The remifentanil is being imported for problem-oriented policing. be registered as a bulk manufacturer of the production of Ultiva dosage forms The COPS office will use the the basis classes of controlled and for research and new product information collected to identify the substances listed below: development. information necessary for police Drug Schedule No comments or objections have been executives to effectively utilize received. DEA has considered the resources as it relates to problem- Amphetamine (1100) ...... II factors in Title 21, United States Code, solving and to examine existing Methadone (9250) ...... II Section 823(a) and 952(a), and problem-oriented policing tracking Levo-alphacetylmethadol (9648) .. II determined that the registration of Glaxo systems for the purpose of identifying Wellcome, Inc. to import remifantanil is best practices in problem-solving The firms plans to bulk manufacture consistent with the public interest and management. Data from the surveys will the listed controlled substances for with United States obligations under be used to produce a final Problem- formulation into finished international treaties, conventions, or Solving Knowledge Management Model. pharmaceuticals. protocols in effect on May 1, 1971, at A brochure and video of the Problem- this time. DEA has investigated the firm DEA has considered the factors in Solving Knowledge Model will assist on a regular basis to ensure that the Title 21, United States Code, Section agencies in problem prioritization, and company’s continued registration is 823(a) and determined that the the allocation of resources in support of consistent with the public interest. registration of B.I. Chemicals, Inc. to problem-oriented policing. These investigations have included manufacture the listed controlled (5) An estimate of the total number of inspection and testing of the company’s substances is consistent with the public respondents and the amount of time physical security systems, audits of the interest at this time. DEA has estimated for an average respondent to company’s records, verification of the investigated the firm on a regular basis respond: Surveys will be administered company’s compliance with state and to ensure that the company’s continued by telephone to approximately 300 local laws, and a review of the registration is consistent with the public position-specific law enforcement company’s background and history. interest. These investigations have officials within 75 large police agencies Therefore, pursuant to section 1008(a) of included inspection and testing of the who have been awarded COPS 1999 the Controlled Substances Import and company’s physical security systems, School Based Partnership Grants. The Export Act and in accordance with Title audits of the company’s records, four specific positions that will be 21, Code of Federal Regulations, verification of the company’s questioned in each agency are Captains, § 1301.34, the above firm is granted compliance with state and local laws, Chiefs, Detectives or Sergeants, and registration as an importer of the basic and a review of the company’s Crime Analysts. Administrative class of controlled substance listed background and history. Therefore, preparation and survey completion will above. take approximately 0.75 hours per pursuant to 21 U.S.C. 823 and 28 CFR respondent (there is no record burden 0.100 and 0.104, the Deputy Assistant Dated: January 4, 2000. for this collection). Administrator, Office of Diversion John H. King, (6) An estimate of the total public Control, hereby orders that the Deputy Assistant Administrator, Office of burden (in hours) associated with the application submitted by the above firm Diversion Control, Drug Enforcement collection: Approximately 225 hours. for registration as a bulk manufacturer Administration. If additional information is required of the basic classes of controlled [FR Doc. 00–2874 Filed 2–8–00; 8:45 am] contact: Ms. Brenda E. Dyer, Deputy substances listed above is granted. BILLING CODE 4410±09±M

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DEPARTMENT OF JUSTICE solicitation if for phase I and II of a Project Goal and Objectives: The goal ‘‘three-phase’’ project. of this project is to provide criminal Drug Enforcement Administration Background/Purpose: Restorative justice agencies the capability to Justice has emerged as a critical issue evaluate the design, implementation, Manufacturer of Controlled for the future of Criminal Justice and impact of programs and initiatives Substances; Notice of Application Systems. Because it is new it requires a being conducted under auspices of Pursuant to § 1301.33(a) of Title 21 of unique set of skills, competencies and community and restorative justice. The objective of this project are to: the Code of Federal Regulations (CFR), perspectives from corrections agencies 1. Identify outcome and impact this is notice that on December 6, 1999, and other justice professionals. Victims measures to evaluate the effectiveness of Mallinckrodt, Inc., Mallinckrodt & and citizens have become increasingly restorative justice programs and Second Streets, St. Louis, Missouri frustrated with the justice system with initiatives. 63147, made application by letter to the a belief that the justice system does not represent their interest and does not 2. Identify process measures to guide Drug Enforcement Administration and evaluate the implementation of (DEA) for registration as a bulk provide them any value in terms of enhanced public safety, quality of life in restorative justice programs. manufacturer of dihydromorphine 3. Develop an evaluation methodology communities, and a legitimate voice and (9145), a basic class of controlled for the collection and analysis of role in the justice process. Restorative substance listed in Schedule I. restorative justice data. Mallinckrodt, Inc. plans to isolate and community oriented practices show 4. Design and create a tool(s) and dihydromorphine as a step in a promise for being more responsive to protocols incorporating restorative multistep synthesis of hydromorphone. victims and communities, and holding measures that agencies can use to Any other such applicant and any offenders accountable for understanding evaluate the both the process person who is presently registered with the harmful impact of their behavior, (implementation) and the outcome/ DEA to manufacture such substance and for repairing the harm that they impact of restorative justice programs. may file comments or objections to the have caused. Many activities and efforts 5. Produce a document for wide issuance of the proposed registration. have taken place over the past four years dissemination in the criminal justice Any such comments or objections to assist agencies in developing and field on restorative justice measures and may be addressed, in quintuplicate, to implementing systems, protocols and evaluation using the results from the the Deputy Assistant Administrator, practices related to Restorative Justice. first four objectives. Office of Diversion Control, Drug Likewise, the effectiveness and 6. Develop and deliver a pilot training Enforcement Administration, United evaluation of these new systems and curriculum for correctional practitioners States Department of Justice, programs has come into question and on the use restorative justice evaluation Washington, DC 20537, Attention: DEA has become a central issue among measures, tools and protocols. professionals and criminal justice Federal Register Representative (CCR), Scope of Work Deliverables and must be filed no later than (April agencies. In some instances, restorative 10, 2000). justice programs have been evaluated Phase I: The desired outcome and against traditional measures that focus product for Phase I is ‘‘the identification Dated: January 28, 2000. exclusively on offender recidivism. of specific process, outcome and impact John H. King, Proponents argue that restorative justice measures for evaluating restorative Deputy Assistant Administrator, Office of is a radically different paradigm and so justice programs and initiatives.’’ Diversion Control, Drug Enforcement too needs to be our measures and Intended work activities include Administration. methods of evaluating restorative assembly of a focus/work group to [FR Doc. 00–2872 Filed 2–8–00; 8:45 am] justice. It is also argued that restorative participate in the identification of BILLING CODE 4410±09±M justice is more than just a certain restorative measures. program (mediation, conferencing, Phase II: The desired outcome and boards, restitution, etc.), rather it is an deliverables for Phase II is the ‘‘actual DEPARTMENT OF JUSTICE operating framework driven and design and development of an evaluation tool/instrument and National Institute of Corrections grounded by different values and principles. It requires us to look beyond protocol, the pilot application and Solicitation for a Cooperative offender focused measures and adopt revision of the tool at two jurisdictional AgreementÐCommunity Restorative measures that account not only for sites, and the development of a Justice Outcomes/Measurements and impact on offenders, but also on victim document for broad public Evaluation health and satisfaction, community dissemination containing the results safety and vitality, community problem- from phase I and II activities.’’ The AGENCY: U.S. Department of Justice, solving capacity and other variables process tool should take the form of an National Institute of Corrections. grounded in these new set of principles inventory (or checklist) consisting of ACTION: Solicitation for a Cooperative and values. By identifying a host of measurable items that can provide Agreement—Community Restorative new, or non-traditional evaluation direction and feedback on the extent to Justice Outcomes/Measurements and measures to evaluate restorative justice which programs and initiatives are more Evaluation. initiatives, agencies will be able to or less restorative in their design and evaluate the relative effectiveness of implementation. The site used in a pilot SUMMARY: The Department of Justice restorative justices initiatives, and application of the evaluation design (DOJ), National Institute of Corrections defend and make informed decisions on must be inclusive of a publicly funded (NIC) announces the availability of the purpose and use of such initiatives correctional agency as a primary funds in FY 2000 for a cooperative and programs. Additionally, the project administrator of the program or agreement to establish and develop will assist criminal justice agencies in initiative being evaluated, and shall be ‘‘community restorative justice’’ evaluating the effective design and subject to consideration and approved performance outcome, measurement implementation of restorative justice by the NIC project coordinator. The and evaluation protocols. This programs. document should provide correctional

VerDate 272000 17:14 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6397 and other criminal justice professionals programmatic questions concerning this Type of review: Extension. a theoretical and conceptual framework, announcement should be directed to Need and Uses: NASA employees and a practical and empirical methodology, Mike Dooley at the NIC Academy, 1960 contractors can voluntarily and and a practical set of tools and protocols Industrial Circle, Longmont, CO 80501, confidentially report to an independent for both a process and impact evaluation or by calling 800–995–6429 or 303–682– agent, any safety concerns or hazards of restorative justice programs and 0382, ext. 132, or by E-mail via pertaining to any NASA program or initiatives. This document shall provide [email protected]. project, which have not been resolved a basis for Phase III of the project, a Review Considerations: Applications through the normal process. training curriculum development and received under this announcement will Affected Public: Federal Government. pilot delivery in restorative justice be subjected to an NIC 3 to 5 member Number of Respondents: 75. evaluation techniques. It is the intent Peer Review Process. Responses Per Respondent: 1. that based on satisfactory completion of Number of Awards: One (1). Annual Responses: 75. Phase I and II products and outcomes, NIC Application Number: 00A14 This Hours Per Request: 1⁄4 hr. the approval of a cooperative agreement number should appear as a reference Annual Burden Hours: 19 hrs. proposal for phase III (development and line in your cover letter and also in box Frequency of Report: As needed. delivery of a training curriculum) and 11 of Standard Form 424. David B. Nelson, the availability of funds, an award will Executive Order 12372: This program Deputy Chief Information Officer, Office of be made to the successful applicant is not subject to the provisions of the Administrator. from this solicitation for the third phase Executive Order 12372. [FR Doc. 00–2868 Filed 2–8–00; 8:45 am] of the project. Catalog of Federal Domestic BILLING CODE 7510±01±U Authority: Public Law 93–415. Assistance Number: 16.602. Funds Available: The award will be limited to a maximum total of $41,000 Dated: January 31, 2000. ($17,000 for Phase I and $24,000 for Morris L. Thigpen, NATIONAL AERONAUTICS AND Phase II, and includes direct and Director, National Institute of Corrections. SPACE ADMINISTRATION indirect costs). Project activity for both [FR Doc. 00–2891 Filed 2–8–00; 8:45 am] Notice [00±017] phases must be completed within 8 BILLING CODE 4410±36±M months of the date of award. Funds may Agency Information Collection: not be used for construction, or to Submission for OMB Review, acquire or build real property. This NATIONAL AERONAUTICS AND Comment Request project will be a collaborative venture SPACE ADMINISTRATION AGENCY: National Aeronautics and with the NIC Academy Division. All Space Administration (NASA). products from this funding effort will be [00±016] in the public domain and available to ACTION: Notice of Agency Report Forms Proposed Information Collection interested agencies through the National Under OMB Review. Activity; Comment Request Institute of Corrections. SUMMARY: The National Aeronautics and Eligibility To Apply: An eligible AGENCY: National Aeronautics and Space Administration has submitted to applicant is any state or general unit of Space Administration (NASA). the Office of Management and Budget local government, public or private ACTION: Notice of agency report forms (OMB) the following proposal for the agency, educational institution, under OMB review. collection of information under the organization, or individual with the requisite skills to successfully meet the provisions of the Paperwork Reduction SUMMARY: The National Aeronautics and Act (44 U.S.C. Chapter 35). outcome objectives of the project. Space Administration, as part of its DATES: Comments on this proposal Deadline for Receipt of Applications: continuing effort to reduce paperwork should be received on or before March Applications must be received by 4:00 and respondent burden, invites the 10, 2000. p.m. Eastern time on Thursday, March general public and other Federal 30, 2000. They should be addressed to: agencies to take this opportunity to ADDRESSES: All comments should be Director, National Institute of comment on proposed and/or addressed to Mr. Karl Beisel, National Corrections, 320 First Street, NW, Room continuing information collections, as Aeronautics and Space Administration, 5007, Washington, DC 20534. Hand required by the Paperwork Reduction Washington, DC 20546. delivered applications should be Act of 1995 (Public Law 104–13, 44 FOR FURTHER INFORMATION CONTACT: Ms. brought to 500 First Street, NW, U.S.C. 3506(c)(2)(A)). Information Carmela Simonson, Office of the Chief Washington, DC 20534. The front desk collection is required to ensure proper Information Officer, (202) 358–1223. will call Bobbi Tinsley at (202) 307– use of and disposition of rights to Reports: None. 3106, extension 0 for pickup. inventions made in the course of, and Title: Security Requirements for Addresses and Further Information: data developed under NASA contracts. Unclassified Information Technology. Requests for the application kit should OMB Number: 2700-Type of Review: be directed to Judy Evens, Cooperative DATES: All comments should be submitted on or before April 10, 2000. New. Agreement Control Office, National Need and Uses: NASA must safeguard Institute of Corrections, 320 First Street, ADDRESSES: All comments should be its unclassified Information Technology NW, Room 5007, Washington, DC 20534 addressed to Mr. Paul A. Boellner, Code hardware, software and data. or by calling 800–995–6423, ext. 159, Q, National Aeronautics and Space Respondents will be NASA contractors 202–307–3106, ext. 159, or email: Administration, Washington, DC 20546– and subcontractors involved in IT. [email protected]. A copy of this 0001. Affected Public: Business or other for- announcement and application forms FOR FURTHER INFORMATION CONTACT: Ms. profit. may also be obtained through the NIC Carmela Simonson, NASA Reports Estimated Number of Respondents: web site: http://www.nicic.org (click on Officer, (202) 358–1223. 200. ‘‘What’s New’’ and ‘‘Cooperative Title: NASA Safety Reporting System. Responses Per Respondent: 2. Agreements’’). All technical and/or OMB Number: 2700–0063. Estimated Annual Responses: 400.

VerDate 272000 17:14 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6398 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices

Estimated Hours Per Request: 470 hrs. Admiralty Bay, King George Island, for DATES: January 10, 2000–April 1, 2001. Estimated Annual Burden Hours: movement of personnel and supplies to Joyce Jatko, 188,000. and from the U.S. research station Frequency of Report: Semi-annually. known as Copacabana; Acting Permit Officer. [FR Doc. 00–2925 Filed 2–8–00; 8:45 am] David B. Nelson, 4. Taking associated with removing BILLING CODE 7555±01±M Deputy Chief Information Officer, Office of penguins, seals and skuas from the Administrator. McMurdo Station and associated [FR Doc. 00–2869 Filed 2–8–00; 8:45 am] airfields to ensure safety of operations and protection of the animals; NUCLEAR REGULATORY BILLING CODE 7510±01±P COMMISSION 5. Taking associated with removing penguins, seals and other birds from the Agency Information Collection NATIONAL SCIENCE FOUNDATION Palmer Station pier to ensure safety of Activities: Proposed Collection; operations and protection of the Comment Request. Conservation of Antarctic Animals and animals. AGENCY: Plants The permit applicant is: Raytheon U.S. Nuclear Regulatory Commission (NRC). AGENCY: National Science Foundation. Polar Services Company, 16800 E. CentreTech Parkway, Aurora, CO ACTION: Notice of pending NRC action ACTION: Notice of Permit Applications 80011–9646. The proposed duration of to submit an information collection Received Under the Antarctic each permit is from April 1, 2000 request to OMB and solicitation of Conservation Act of 1978, Public Law through March 31, 2005. public comment. 95–541. Joyce A. Jatko, SUMMARY: The NRC is preparing a SUMMARY: The National Science Acting Permit Officer. submittal to OMB for review of Foundation (NSF) is required to publish continued approval of information notice of permit applications received [FR Doc. 00–2926 Filed 2–8–00; 8:45 am] BILLING CODE 7555±01±M collections under the provisions of the pursuant to the Antarctic Conservation Paperwork Reduction Act of 1995 (44 Act of 1978. This is the required notice. U.S.C. Chapter 35). DATES: Interested parties are invited to NATIONAL SCIENCE FOUNDATION Information pertaining to the submit written data, comments, or requirement to be submitted: views with respect to these permit Notice of Permit Modifications Issued 1. The title of the information applications on or before March 10, Under the Antarctic Conservation Act collection: ‘‘Reports Concerning 2000. The permit applications may be of 1978, Public Law 95±541 Possible Non-Routine Emergency inspected by interested parties at the Generic Problems’’. Permit Office, address below. SUMMARY: The National Science 2. Current OMB approval number: ADDRESSES: Comments should be Foundation modified a permit to 3150–0012. addressed to Permit Office, Room 755, conduct activities regulated under the 3. How often the collection is Office of Polar Programs, National Antarctic Conservation Act of 1978 required: On occasion. Science Foundation, 4201 Wilson (Public Law 95–541). 4. Who is required or asked to report: Boulevard, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Nuclear power plant and materials FOR FURTHER INFORMATION CONTACT: Joyce Jatko, Office of Polar Programs, applicants and licensees. Joyce Jatko, Environmental Officer, at Room 755, National Science 5. The number of annual respondents: the above address or (703) 306–1032. Foundation, 4201 Wilson Boulevard, 203 (103 reactor licensees: 100 materials SUPPLEMENTARY INFORMATION: Raytheon Arlington, VA 22230. licensees). 6. The number of hours needed Polar Services Company, a business unit DESCRIPTION OF PERMIT AND MODIFICATION: annually to complete the requirement or of Raytheon Technical Services On September 25, 1998, the National Company, is in the phase-in period for request: 43,260 (420 hours per reactor Science Foundation issued a permit licensee respondent); 10,000 (100 hours assuming responsibility for the contract (ACA #99–010) to Dr. Rennie S. Holt to provide operations support to the per materials licensee respondent). after posting a notice in the August 27, 7. Abstract: NRC is requesting United States Antarctic Program. As 1998 Federal Register. No public part of that support, Raytheon personnel approval authority to collect comments were received. A request to information concerning non-routine, will be required to engage in activities modify the permit was posted in the that require permitting under the emergency generic problems which Federal Register on December 23, 1999. would require prompt action from NRC Antarctic Conservation Act. Five No public comments were received. The separate permit applications have been to preclude potential threats to public modification, issued by the Foundation health and safety. submitted, as follows: on January 27, 2000, allows for tooth 1. Entry into Antarctic Specially Submit, by April 10, 2000, comments extraction from up to 100 adult Protected Area 113, Litchfield Island, that address the following questions: Antarctic fur seals (Arctocephalus Arthur Harbor, Palmer Archipelago, for 1. Is the proposed collection of gazella) per year for age determination. inspection and re-supply of the survival information necessary for the NRC to The tooth extractions will be taken from cache; properly perform its functions? Does the animals already captured for other 2. Entry into Antarctic Specially information have practical utility? permitted procedures. This is part of an Protected Area 137, Northwest White 2. Is the burden estimate accurate? ongoing study of Antarctic fur seals by Island, McMurdo Sound, for access to 3. Is there a way to enhance the the U.S. Antarctic Marine Living and maintenance of Black Island quality, utility, and clarity of the Resources (AMLR) Program. INMARSAT transmitting and receiving information to be collected? equipment; LOCATION: Cape Shirreff, Livingston 4. How can the burden of the 3. Entry into Antarctic Specially Island (ASPA #149), the South Shetland information collection be minimized, Protected Area 128, Western Shore of Islands, Antarctic Peninsula. including the use of automated

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6399 collection techniques or other forms of repository site, or wishing to participate www.nrc.gov/NRC/PUBLIC/OMB/ information technology? in a license application review for a index.html). The document will be A copy of the draft supporting potential geologic repository. available on the NRC home page site for statement may be viewed free of charge 5. The number of annual respondents: 60 days after the signature date of this at the NRC Public Document Room, Two. notice. 2120 L Street, NW (lower level), 6. The number of hours needed Comments and questions about the Washington, DC. OMB clearance annually to complete the requirement or information collection requirements requests are available at the NRC request: An average of 40 hours per may be directed to the NRC Clearance worldwide web site (http:// response for consultation requests, 80 Officer, Brenda Jo. Shelton, U.S. Nuclear www.nrc.gov/NRC/PUBLIC/OMB/ hours per response for license Regulatory Commission, T–6 E 6, index.html). application review participation Washington, DC 20555–0001, by The document will be available on the proposals, and 1 hour per response for telephone at (301) 415–7233, or by NRC home page site for 60 days after the statements of representative authority. Internet electronic mail at signature date of this notice. The total burden for all responses is [email protected]. Comments and questions about the estimated to be 242 hours. Dated at Rockville, Maryland, this 2nd day information collection requirements 7. Abstract: Part 60 requires States of February , 2000. may be directed to the NRC Clearance and Indian Tribes to submit certain For the Nuclear Regulatory Commission. information to the NRC if they request Officer, Brenda Jo. Shelton, U.S. Nuclear Brenda Jo. Shelton, Regulatory Commission, T–6 E6, consultation with the NRC staff concerning the review of a potential NRC Clearance Officer, Office of the Chief Washington, DC 20555–0001, by Information Officer. repository site, or wish to participate in telephone at 301–415–7233, or by [FR Doc. 00–2931 Filed 2–8–00; 8:45 am] Internet electronic mail at a license application review for a BILLING CODE 7590±01±P [email protected]. potential repository. Representatives of States or Indian Tribes must submit a Dated at Rockville, Maryland, this 2nd day of February 2000. statement of their authority to act in NUCLEAR REGULATORY such a representative capacity. The For the Nuclear Regulatory Commission. COMMISSION information submitted by the States and Brenda Jo. Shelton, Indian Tribes is used by the Director of Public Comment on the Allegations NRC Clearance Officer, Office of the Chief the Office of Nuclear Material Safety Information Officer. Program Under the New Regulatory and Safeguards as a basis for decisions Oversight Program [FR Doc. 00–2928 Filed 2–8–00; 8:45 am] about the commitment of NRC staff BILLING CODE 7590±01±P resources to the consultation and AGENCY: Nuclear Regulatory participation efforts. On February 22, Commission. 1999, the Commission proposed to ACTION: Request for public comment. NUCLEAR REGULATORY modify its generic criteria for disposal of COMMISSION SUMMARY: The Nuclear Regulatory spent nuclear fuel and high-level Commission (NRC) has proposed radioactive wastes in geologic Agency Information Collection significant revisions to its process for repositories at 10 CFR part 60 to make Activities: Proposed Collection; overseeing the safety performance of clear that they will not apply, nor be the Comment Request commercial nuclear power plants that subject of litigation, in any NRC include the inspection, assessment, and AGENCY: U.S. Nuclear Regulatory licensing proceeding for a repository at enforcement program. As part of its Commission (NRC). Yucca Mountain (64 FR 8639). proposal, the NRC staff established a ACTION: Information collection requirements Notice of pending NRC action new regulatory oversight framework applicable to the licensing of a geologic to submit an information collection with a set of performance indicators and repository at Yucca Mountain were request to OMB and solicitation of associated thresholds, developed a new proposed at that time, in 10 CFR part 63, public comment. baseline inspection program that and will be issued later this year. SUMMARY: The NRC is preparing a Submit, by April 10, 2000, comments supplements and verifies the submittal to OMB for review of that address the following questions: performance indicators, and created a continued approval of information 1. Is the proposed collection of continuous assessment process that collections under the provisions of the information necessary for the NRC to includes a method for consistently Paperwork Reduction Act of 1995 (44 properly perform its functions? Does the determining the appropriate regulatory U.S.C. Chapter 35). information have practical utility? actions in response to varying levels of Information pertaining to the 2. Is the burden estimate accurate? safety performance. The NRC also has a requirement to be submitted: 3. Is there a way to enhance the long established allegation program to 1. The title of the information quality, utility, and clarity of the provide a mechanism for individuals to collection: 10 CFR part 60—‘‘Disposal of information to be collected? identify safety and regulatory issues High-Level Radioactive Wastes in 4. How can the burden of the directly to the NRC. The NRC is Geologic Repositories’’. information collection be minimized, soliciting comments from interested 2. Current OMB approval number: including the use of automated public interest groups, the regulated 3150–0127. collection techniques or other forms of industry, States, and concerned citizens 3. How often the collection is information technology? as to the functioning of the allegation required: The information need only be A copy of the draft supporting process under the new reactor submitted one time. statement may be viewed free of charge regulatory oversight program. The NRC 4. Who is required or asked to report: at the NRC Public Document Room, staff will consider comments it receives State or Indian Tribes, or their 2120 L Street NW (lower level), in determining how the agency will representatives, requesting consultation Washington, DC. OMB clearance pursue structuring the allegation with the NRC staff regarding review of requests are available at the NRC program under the new reactor a potential high-level waste geologic worldwide web site (http:// oversight process. At the conclusion of

VerDate 272000 17:14 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6400 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices the public comment period, the NRC identity of the individual, to provide on the staff for timely resolution of will schedule a public meeting to be timely resolution of the issue(s), and to issues with less safety or risk held at the NRC Headquarters at 11545 communicate the staff’s understanding significance. For these issues, staff Rockville Pike, Rockville, Maryland, to of the issue(s), status of the staff’s resolution is driven by the timeliness discuss the comments and options for review, and ultimate resolution of the goal, which was established to be revising the allegation program. issue(s) in a timely manner. For responsive to the alleger, rather than DATES: The comment period expires individuals who do not want the being risk-informed. For those April 10, 2000. Comments received after licensee or employer to know they allegations requiring inspection, this this date will be considered if it is raised an issue to the NRC, the agency’s often results in revising inspection practical to do so, but the Commission policy is to take all reasonable measures schedules or scheduling additional is able to ensure consideration only for to protect the identity of the individual. inspections to meet the timeliness goal, comments received on or before this Under the current program, an when the safety or risk significance date. allegation is defined as ‘‘A declaration, associated with the issue doesn’t statement, or assertion of impropriety or warrant that kind of response, even if ADDRESSES: Comments may be inadequacy associated with NRC- the issue is assumed to be valid. For submitted either electronically or via regulated activities, the validity of those allegations that are referred to U.S. mail. Submit written comments to: which has not been established.’’ other agencies or to licensees for Chief, Rules and Directives Branch, Historically, the staff has interpreted evaluation and response back to the Division of Administrative Services, this definition very broadly and not set NRC, this may result in redirecting Office of Administration, Mail Stop: T– a threshold for placing issues in the resources from work activities involving 6 D59, U.S. Nuclear Regulatory allegation program, as long as the issues higher safety or risk significance in Commission, Washington, DC 20555– involve an area regulated by the NRC, order to meet NRC’s requested response 0001. Hand deliver comments to: 11545 were not already known by the staff to date. Rockville Pike, Rockville, Maryland, be true or valid, and were not covered Another consequence of between 7:45 a.m. and 4:15 p.m. on by another process, e.g., petitions implementing the baseline inspection Federal workdays. Copies of comments processed under Section 2.206 of Title program is that there is a greater received may be examined at the NRC’s 10 of the Code of Federal Regulations potential the reactor licensees will know Public Document Room, 2120 L Street, (2.206 petitions). when an inspection is allegation-related. N.W. (Lower Level), Washington, DC. In developing the revised reactor For allegations that involve issues 20555. Electronic comments may be oversight process, the staff integrated outside the inspectable areas or are submitted via email to: the use of performance indicators and reviewed during inspections that were [email protected] inspections. Using a risk-informed not on the inspection schedule, it is Copies of the Commission Paper approach, the staff was able to focus the likely that the licensee or employer will dated November 23, 1999, entitled, baseline inspection program on question why the staff is conducting the ‘‘Impact of Changes to the Inspection inspecting risk-significant areas that are inspection, unless there has been an Program for Reactors on Implementing not adequately covered by performance event that warrants a reactive the Allegation Program’’ (SECY–99–273) indicators. The overall objective of the inspection. While the staff intends to may be obtained at the following web program is to assure licensee continue its policy of not informing the site: http://www.nrc.gov/NRC/ performance meets the objectives for licensee when inspections are COMMISSION/SECYS/index.html. The each of the associated cornerstones of allegation-related, it is likely the Commission’s direction to the staff may safety. Within the baseline inspection licensee or employer will be able to be obtained at: http://www.nrc.gov/ program there are three basic types of determine when that is the case. This NRC/COMMISSION/SRM/index.html. inspection. Inspections are (1) used to may increase the potential that a Information on the revised reactor verify performance in areas that are not licensee or employer will be able to oversight process may be obtained at: measured by a performance indicator, identify who submitted an allegation to http://www.nrc.gov/NRR/OVERSIGHT/ (2) augment the information provided the NRC, based on the area being index.html. by performance indicators that do not inspected and its similarity to issues Additional information on the sufficiently measure performance in a previously raised within the licensee’s inspection pilot program may be cornerstone area, and (3) verify the organization. As a result, individuals obtained from the NRC’s Public accuracy and completeness of the data may be less inclined to provide safety or Document Room at 2120 L St., NW, used as the basis for performance regulatory issues to the NRC or they Washington, DC 20003–1527, telephone indicators used to fully measure may provide issues to the NRC without 202–634–3272. performance of a cornerstone area. The first raising the issue internally. Neither FOR FURTHER INFORMATION CONTACT: end result is that the scope of activities of these outcomes is desirable. Edward Baker, Agency Allegation being inspected is more clearly defined Advisor, or Carl Mohrwinkel, Assistant and risk informed. There is also less Scope of the Public Comment Period Agency Allegation Advisor, Mail Stop: flexibility within the baseline and Questions O–5 E7, Office of the Director, Office of inspection program to inspect issues This public comment period will Nuclear Reactor Regulation, U.S. that emerge from allegations if they do focus on obtaining industry and public Nuclear Regulatory Commission, not relate to a stated inspectable area views on the allegation program as it Washington, DC 20555–0001, telephone objective. may exist under the new oversight Mr. Baker at 301–415–8529, or Conducting an inspection or an process. To assist respondents the Mr.Mohrwinkel at 301–415–1293. evaluation to quickly resolve a safety following questions are included as a SUPPLEMENTARY INFORMATION: significant allegation is consistent with guide. Comments should be as specific the risk informed approach of the as possible and the use of examples is Background revised reactor oversight process. encouraged. To encourage individuals to identify However, the allegation program’s • Which of the four Options safety concerns, the allegation program emphasis on timely resolution places a contained in the Commission paper will includes provisions to protect the similar, and only slightly lesser, burden strike the best balance between the

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6401 efficient use of agency resources and the proposed Private Fuel Storage Facility Environmental Impact Statement (EIS), need for allegers to feel the NRC will (PFSF) would be constructed on an 820- the inclusion of mitigation measures address their issue(s) and protect their acre site that would store spent nuclear identified in the Record of Decision, and identity, if they so desire? fuel (SNF) received from commercial the issuance of an NRC license to • Does one of the Options for U.S. nuclear power plants. The construct, maintain, and operate the implementing the allegation program applicant proposes to transport SNF PFSF. The lease includes 820 acres of provide more adequate assurance that from the reactor sites to the PFSF via land where the PFSF is proposed to be the NRC can be more certain that rail. Currently the rail line stops located, a 202-acre utility and road through information provided by approximately 25 miles north of the ROW from the Skull Valley Road to the allegers, plants are being operated proposed site. The applicant has PFSF, and a buffer zone adjacent to the safely? proposed the following two methods to PFSF to the south and east, including • Does one of the Options for transport the SNF the last 25 miles: five sections of land (one section of land implementing the allegation program (1) Construct an intermodal transfer consists of one square mile or 640 under the new oversight process facility on land managed by the U.S. acres). enhance public confidence by Department of Interior’s Bureau of Land By letter dated August 28, 1998, PFS increasing the predictability, Management (BLM). At the intermodal applied to BLM for a ROW to construct consistency, clarity and objectivity of transfer facility, SNF would be a rail line and related facilities for a the NRC’s allegation process? transferred from rail to heavy/haul distance of approximately 32 miles on • Does one of the Options for vehicles for transport to the site via the western side of Skull Valley, along implementing the allegations program Skull Valley Road, or the base of the Cedar Mountains from under the new oversight process (2) Construct a rail line on the western Skunk Ridge, Utah, to the PFSF. PFS improve the efficiency and effectiveness side of Skull Valley, along the base of also applied for a separate ROW to of the regulatory process focusing the Cedar Mountains. The rail line construct and operate an intermodal agency resources on those issues with would be constructed on land managed transfer facility 1.8 miles west of the the most safety significance? by BLM. intersection of Interstate 80 and Skull Of the two methods identified above, • Does one of the Options for Valley Road. The rail line would construction of the rail line is the implementing the allegation program traverse land that is included within the under the new oversight process reduce applicant’s preferred approach. The project as proposed, requires BLM Pony Express Resource unnecessary regulatory burden on approval from four Federal agencies, the Management Plan (RMP). The current licensees? U.S. Nuclear Regulatory Commission Pony Express RMP does not allow for • What Options, beyond those stated (NRC), the U.S. Department of Interior’s major ROWs such as a rail line in this in the Commission paper, should be Bureau of Indian Affairs (BIA) and BLM, area, and the PFS proposal would, considered? therefore, require an amendment to the • and the Surface Transportation Board Should the Commission implement (STB). The applicant must obtain a RMP prior to granting the requested any changes in the allegation program license from NRC, a right-of-way (ROW) ROW. BLM published a notice of intent for all reactor licensees or should any from BLM for either the proposed rail to prepare a RMP amendment in the changes be implemented in a pilot line or the proposed intermodal transfer Federal Register on April 15, 1999 (64 program before being implemented at all facility, approval from BIA for a FR 18633). reactor facilities? proposed lease agreement between the On January 5, 2000, PFS filed an Dated at Rockville, Maryland, this 3rd day Skull Valley Band of Goshute Indians application with STB to construct and of February 2000. and PFS, and approval from the STB to operate the proposed rail line from For the Nuclear Regulatory Commission. construct the proposed rail line. Skunk Ridge, Utah, to the proposed Edward T. Baker III, On June 20, 1997, pursuant to 10 CFR storage facility. The application was Agency Allegations Advisor, Office of Nuclear part 72, PFS submitted an application to filed in STB Finance Docket No. 33824, Reactor Regulation. NRC for a license to receive, possess, Great Salt Lake & Southern Railroad, [FR Doc. 00–2929 Filed 2–8–00; 8:45 am] store, and transfer SNF at an ISFSI to be L.L.C.—Construction and Operations in Tooele County, Utah. BILLING CODE 7590±01±P constructed and operated on the Reservation of the Skull Valley Band of The National Environmental Policy Goshute Indians. A notice of Act of 1969 requires all Federal agencies NUCLEAR REGULATORY consideration of issuance of an NRC to consider the environmental impacts COMMISSION materials license for the proposed PFSF of their actions. Because the NRC, BIA, and notice of opportunity for hearing BLM, and STB required actions for the [Docket No. 72±22] were published in the Federal Register construction and operation of the PFSF Private Fuel Storage, L.L.C., on July 31, 1997 (62 FR 41099). By letter are related, the agencies have agreed to Independent Spent Fuel Storage dated August 28, 1998, PFS submitted a cooperate in the preparation of an EIS. Installation, Skull Valley Indian revision to its application for an NRC In preparing the EIS, NRC will serve as Reservation, Tooele County, UT; license to reflect its proposal to the lead agency, and BLM, BIA, and Notice of Intent To Cooperate in the construct and utilize a rail line over STB will serve as cooperating agencies. Preparation of an Environmental public lands managed by BLM for the NRC published a notice of intent to Impact Statement transportation of SNF to its site. prepare an EIS and conduct a scoping The applicant executed a lease process in the Federal Register on May Private Fuel Storage, L.L.C. (PFS or agreement with the Skull Valley Band of 1, 1998 (63 FR 24197). As a part of the the applicant) proposes to construct and Goshute Indians to permit construction scoping process, a public scoping operate an independent spent fuel and operation of its proposed facility on meeting was conducted on June 2, 1998, storage installation (ISFSI) at the the Skull Valley Band Reservation. On in Salt Lake City, Utah. The scoping reservation of the Skull Valley Band of May 23, 1997, BIA conditionally process also provided interested parties Goshute Indians, which is bordered on approved the lease agreement, with an opportunity to provide written all sides by Tooele County, Utah. The contingent upon the completion of an comments. At the conclusion of that

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 6402 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices initial scoping process, NRC issued a NUCLEAR REGULATORY However, should circumstances change scoping report in September 1998. COMMISSION during the notice period such that NRC’s initial scoping process was failure to act in a timely way would Biweekly Notice; Applications and based on the description of the PFSF result, for example, in derating or Amendments to Facility Operating shutdown of the facility, the contained in the applicant’s submittal of Licenses Involving No Significant Commission may issue the license June 20, 1997, which did not include Hazards Considerations amendment before the expiration of the the proposed rail line on public land 30-day notice period, provided that its I. Background administered by BLM. This rail line final determination is that the proposal was submitted to NRC on Pursuant to Public Law 97–415, the amendment involves no significant August 28, 1998, as an amendment to U.S. Nuclear Regulatory Commission hazards consideration. The final the PFS application. Similarly, BIA’s (the Commission or NRC staff) is determination will consider all public conditional approval of the proposed publishing this regular biweekly notice. and State comments received before lease agreement was issued prior to the Public Law 97–415 revised section 189 action is taken. Should the Commission applicant’s proposal of the rail line. of the Atomic Energy Act of 1954, as take this action, it will publish in the As a result of the applicant’s August amended (the Act), to require the Federal Register a notice of issuance Commission to publish notice of any 28, 1998, revision of its transportation and provide for opportunity for a amendments issued, or proposed to be hearing after issuance. The Commission proposal, NRC, BIA, and BLM issued, under a new provision of section determined that additional scoping expects that the need to take this action 189 of the Act. This provision grants the will occur very infrequently. meetings should be conducted. Commission the authority to issue and Written comments may be submitted Additional scoping meetings were held make immediately effective any by mail to the Chief, Rules Review and on April 29, 1999, in Salt Lake City, and amendment to an operating license Directives Branch, Division of Freedom Tooele City, Utah. The meetings were upon a determination by the of Information and Publications noticed in the Federal Register on April Commission that such amendment Services, Office of Administration, U.S. 14, 1999 (64 FR 18451). Primarily, the involves no significant hazards Nuclear Regulatory Commission, scoping meetings focused on consideration, notwithstanding the Washington, DC 20555–0001, and environmental issues associated with pendency before the Commission of a should cite the publication date and the rail line proposed in the applicant’s request for a hearing from any person. page number of this Federal Register August 28, 1998, license application This biweekly notice includes all notice. Written comments may also be amendment, the request for issuance of notices of amendments issued, or delivered to Room 6D22, Two White a ROW over public lands managed by proposed to be issued from January 14, Flint North, 11545 Rockville Pike, BLM, and environmental concerns 2000, through January 28, 2000. The last Rockville, Maryland from 7:30 a.m. to associated with the proposed lease biweekly notice was published on 4:15 p.m. Federal workdays. Copies of agreement that may not have been January 26, 2000 (65 FR 4268). written comments received may be examined at the NRC Public Document addressed in the NRC’s initial scoping Notice of Consideration of Issuance of Room, the Gelman Building, 2120 L process. In addition, interested parties Amendments to Facility Operating Street, NW., Washington, DC. The filing were also provided the opportunity to Licenses, Proposed No Significant of requests for a hearing and petitions submit written comments. Following Hazards Consideration Determination, for leave to intervene is discussed the additional scoping meetings and and Opportunity for a Hearing below. comment period, a supplemental The Commission has made a By March 10, 2000, the licensee may scoping report was issued in November proposed determination that the file a request for a hearing with respect 1999. following amendment requests involve to issuance of the amendment to the Although STB was not identified as a no significant hazards consideration. subject facility operating license and cooperating agency during the scoping Under the Commission’s regulations in any person whose interest may be process, the environmental issues 10 CFR 50.92, this means that operation affected by this proceeding and who related to its federal action (i.e., of the facility in accordance with the wishes to participate as a party in the approving the construction and proposed amendment would not: (1) proceeding must file a written request operation of the proposed rail line) were Involve a significant increase in the for a hearing and a petition for leave to discussed during the scoping process. probability or consequences of an intervene. Requests for a hearing and a STB has determined that these scoping accident previously evaluated; or (2) petition for leave to intervene shall be filed in accordance with the activities provided sufficient Create the possibility of a new or different kind of accident from any Commission’s ‘‘Rules of Practice for opportunity for the public to comment accident previously evaluated; or (3) Domestic Licensing Proceedings’’ in 10 on the proposed action and the scope of involve a significant reduction in a CFR part 2. Interested persons should the EIS. Interested parties will have an margin of safety. The basis for this consult a current copy of 10 CFR 2.714 opportunity to provide comments on the proposed determination for each which is available at the Commission’s draft EIS. amendment request is shown below. Public Document Room, the Gelman Dated at Rockville, Maryland, this 27th day The Commission is seeking public Building, 2120 L Street, NW., of January 2000. comments on this proposed Washington, DC, and electronically For the Nuclear Regulatory Commission. determination. Any comments received from the ADAMS Public Library within 30 days after the date of component on the NRC Web site, http:/ E. William Brach, publication of this notice will be /www.nrc.gov (the Electronic Reading Director, Spent Fuel Project Office, Office of considered in making any final Room). If a request for a hearing or Nuclear Material Safety and Safeguards. determination. petition for leave to intervene is filed by [FR Doc. 00–2930 Filed 2–8–00; 8:45 am] Normally, the Commission will not the above date, the Commission or an BILLING CODE 7590±01±P issue the amendment until the Atomic Safety and Licensing Board, expiration of the 30-day notice period. designated by the Commission or by the

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Chairman of the Atomic Safety and requirements with respect to at least one Baltimore Gas and Electric Company, Licensing Board Panel, will rule on the contention will not be permitted to Docket Nos. 50–317 and 50–318, Calvert request and/or petition; and the participate as a party. Cliffs Nuclear Power Plant, Unit Nos. 1 Secretary or the designated Atomic Those permitted to intervene become and 2, Calvert County, Maryland Safety and Licensing Board will issue a parties to the proceeding, subject to any Dated of amendments request: notice of a hearing or an appropriate limitations in the order granting leave to January 25, 2000. order. intervene, and have the opportunity to Description of amendments request: As required by 10 CFR 2.714, a participate fully in the conduct of the The proposed amendment requests a petition for leave to intervene shall set hearing, including the opportunity to revision to the definition of Response forth with particularity the interest of present evidence and cross-examine Time Testing (RTT) for the Reactor the petitioner in the proceeding, and witnesses. Protective System (RPS) and Engineered how that interest may be affected by the If a hearing is requested, the Safety Features Actuation System results of the proceeding. The petition Commission will make a final (ESFAS). The revision allows use of should specifically explain the reasons either an allocated sensor response time why intervention should be permitted determination on the issue of no or a measured sensor response time for with particular reference to the significant hazards consideration. The pressure sensors used in channels of following factors: (1) The nature of the final determination will serve to decide RPS and ESFAS. The request is based petitioner’s right under the Act to be when the hearing is held. on Combustion Engineering NPSD– made a party to the proceeding; (2) the If the final determination is that the 1167, Revision 1, ‘‘Elimination of nature and extent of the petitioner’s amendment request involves no Pressure Sensor Response Time Testing property, financial, or other interest in significant hazards consideration, the Requirements—CEOG Task 1070.’’ the proceeding; and (3) the possible Commission may issue the amendment Basis for proposed no significant effect of any order which may be and make it immediately effective, hazards consideration determination: entered in the proceeding on the notwithstanding the request for a As required by 10 CFR 50.91(a), the petitioner’s interest. The petition should hearing. Any hearing held would take licensee has provided its analysis of the also identify the specific aspect(s) of the place after issuance of the amendment. issue of no significant hazards subject matter of the proceeding as to If the final determination is that the consideration, which is presented which petitioner wishes to intervene. amendment request involves a below: Any person who has filed a petition for significant hazards consideration, any leave to intervene or who has been hearing held would take place before 1. The proposed licensing basis change admitted as a party may amend the the issuance of any amendment. does not involve a significant increase in the probability or consequences of an accident petition without requesting leave of the A request for a hearing or a petition Board up to 15 days prior to the first previously evaluated in the safety analysis for leave to intervene must be filed with report. prehearing conference scheduled in the the Secretary of the Commission, U.S. This change to the licensing basis does not proceeding, but such an amended Nuclear Regulatory Commission, result in a condition where the design, petition must satisfy the specificity Washington, DC 20555–0001, Attention: material, and construction standards that requirements described above. Docketing and Services Branch, or may were applicable prior to the change are Not later than 15 days prior to the first be delivered to the Commission’s Public altered. The same Reactor Protective System prehearing conference scheduled in the Document Room, the Gelman Building, and Engineered Safety Features Actuation proceeding, a petitioner shall file a 2120 L Street, NW., Washington DC, by System instrumentation is being used; the time response allocations/modeling supplement to the petition to intervene the above date. A copy of the petition which must include a list of the assumptions in Updated Final Safety should also be sent to the Office of the Analysis Report Chapter 14 analyses remain contentions which are sought to be General Counsel, U.S. Nuclear litigated in the matter. Each contention the same; only the method of verifying time Regulatory Commission, Washington, response is changed. The proposed change must consist of a specific statement of DC 20555–0001, and to the attorney for will not modify any system interface and the issue of law or fact to be raised or the licensee. could not increase the likelihood of an controverted. In addition, the petitioner Nontimely filings of petitions for accident since these events are independent shall provide a brief explanation of the of this change. The proposed activity will not bases of the contention and a concise leave to intervene, amended petitions, change, degrade or prevent actions or alter statement of the alleged facts or expert supplemental petitions and/or requests any assumptions previously made in opinion which support the contention for a hearing will not be entertained evaluating the radiological consequences of and on which the petitioner intends to absent a determination by the an accident described in the Updated Final rely in proving the contention at the Commission, the presiding officer or the Safety Analysis Report. Therefore, the hearing. The petitioner must also Atomic Safety and Licensing Board that proposed amendment does not result in any the petition and/or request should be increase in the probability or consequences provide references to those specific of an accident previously evaluated. sources and documents of which the granted based upon a balancing of factors specified in 10 CFR 2. The proposed licensing basis change petitioner is aware and on which the does not create the possibility of a new or petitioner intends to rely to establish 2.714(a)(1)(i)–(v) and 2.714(d). different kind of accident from any accident those facts or expert opinion. Petitioner For further details with respect to this previously evaluated in the safety analysis must provide sufficient information to action, see the application for report. show that a genuine dispute exists with amendment which is available for This change does not alter the performance the applicant on a material issue of law public inspection at the Commission’s of the pressure and differential pressure or fact. Contentions shall be limited to Public Document Room, the Gelman sensors used in the plant protection systems. matters within the scope of the Building, 2120 L Street, NW., These sensors will still have their response time verified before they are placed in amendment under consideration. The Washington, DC, and electronically operational service and after any contention must be one which, if from the ADAMS Public Library maintenance to them that could affect their proven, would entitle the petitioner to component on the NRC Web site, http:/ response time. Changing the method of relief. A petitioner who fails to file such /www.nrc.gov (the Electronic Reading periodically verifying instrument response a supplement which satisfies these Room). for certain sensor (assuring equipment

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 6404 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices operability) from time response testing to receive the appropriate level of review in Criterion 1—Does Not Involve a Significant calibration, use of actual data, and channel accordance with Pilgrim procedures and Increase in the Probability or Consequences checks will not create any new accident practices. The organizational structure and of an Accident Previously Evaluated initiators or scenarios. Periodic surveillance processes that control and manage these The Steam Generator Level—High function of these instruments will detect significant activities ensure activities are prioritized and of the RPS [Reactor Protection System] is not degradation in the sensor response performed in a manner consistent with plant credited in any accident analyses nor does it characteristic. Implementation of the safety. The proposed amendment removes an correspond to any TS [Technical proposed change does not create the administrative burden that is no longer Specification] Safety Limit. The high-level possibility of a new or different kind of required. function acts to protect the Main Turbine accident from any accident previously (2) The proposed amendment does not from excessive moisture carryover during evaluated. create the possibility of a new or different feedwater transient events. Protection of the 3. The proposed licensing basis change kind of accident from any accident Main Turbine is not required to adequately does not involve a significant reduction in previously evaluated. No changes to the assure continued reactor safety or the health margin of safety. physical design and operation of the plant and safety of the public. Although this The total Reactor Protective System and will occur as a result of this amendment. The function may also serve to limit water Engineered Safety Features Actuation System processes by which activities are planned, intrusion into the main steam lines and response time assumed in the safety analysis prioritized, and controlled are not affected. consequential overcooling events, its role in is not affected by this change. The periodic The appropriate level of technical review and this capacity is insignificant, as it does not system response time verification method for management oversight will continue to be directly act to secure feedwater from the selected pressure and differential pressure performed in accordance with existing steam generators. This Steam Generator sensors is modified to allow the use of procedures and practices to ensure activities Level—High function acts only to isolate the allocated data based on actual test results or are performed in a manner consistent with Main Turbine from the steam generators by other verifiable response time data. plant safety. causing a reactor trip, which in turn actuates Verification methods and calibration tests (3) The proposed amendment does not a turbine trip. This function does not meet assure that any degradation sufficient to involve a significant reduction in a margin of any of the criterions listed in 10 CFR significantly affect sensor response time will safety. As stated earlier, no changes to the 50.36(c)(2) (ii) for inclusion into the technical be detected before the total system response physical design and/or operation of any plant specifications for ANO–2 [Arkansas Nuclear time exceeds that defined in the safety systems will occur as a result of this One, Unit 2], and, therefore, may be excluded analysis. Therefore, it is concluded that the amendment; therefore, there is no reduction from the TSs. Since no changes are made that proposed change does not result in a in any margins of safety. Work activities will affect the current operation of this function significant reduction in margin with respect continue to receive the appropriate technical during its relocation to the ANO–2 TRM to plant safety. review and management oversight to ensure [Technical Requirements Manual], and The NRC staff has reviewed the activities are prioritized and performed in a because this function is not credited in any licensee’s analysis and, based on this manner consistent with plant safety. The accident analyses, no increase in the probability or consequences of an accident review, it appears that the three proposed amendment removes an administrative burden that is no longer previously evaluated is evident. standards of 10 CFR 50.92(c) are required. Therefore, the proposed changes do not satisfied. Therefore, the NRC staff involve a significant increase in the proposes to determine that the The NRC staff has reviewed the probability or consequences of any accident amendments request involves no licensee’s analysis and, based on this previously evaluated. significant hazards consideration. review, it appears that the three Criterion 2—Does Not Create the Possibility Attorney for licensee: Jay E. Silberg, standards of 50.92(c) are satisfied. of a New or Different Kind of Accident From Esquire, Shaw, Pittman, Potts and Therefore, the NRC staff proposes to Any Previously Evaluated Trowbridge, 2300 N Street, NW., determine that the amendment request The proposed changes relocate affected TS Washington, DC 20037. involves no significant hazards requirements associated with the Steam NRC Section Chief: Marsha consideration. Generator Level—High Functions of the RPS Gamberoni, Acting. Attorney for licensee: W. S. Stowe, from the ANO–2 TSs to the ANO–2 TRM. Future revisions to the setpoints and values Entergy Nuclear Generation Company, Esquire, Entergy Nuclear Generation Company, 800 Boylston Street, 36th associated with this function will be Docket No. 50–293, Pilgrim Nuclear established within the requirements of 10 Power Station, Plymouth County, Floor, Boston, Massachusetts 02199. CFR 50.59 to ensure that excessive moisture Massachusetts NRC Section Chief: James W. Clifford. carryover is prevented in order to protect the turbine and steam line loads. The Steam Dated of amendment request: Entergy Operations, Inc., Docket No. 50– Generator Level—High Trip setpoint is not November 18, 1999. 368, Arkansas Nuclear One, Unit No. 2, credited in any accident analyses and Description of amendment request: Pope County, Arkansas performs only an equipment protection The proposed amendment would Dated of amendment request: function. The setpoint continues to protect remove license condition 3.H, ‘‘Long the Main Turbine from damage and preserves November 29, 1999 Term Program,’’ from Facility Operating operating margin to accommodate excessive License DPR–35 for the Pilgrim Nuclear Description of amendment request: feedwater flow prior to trip. Power Station. The proposed amendment would Therefore, this change does not create the Basis for proposed no significant relocate the requirements associated possibility of a new or different kind of accident from any previously evaluated. hazards consideration determination: with the high-steam-generator-level trip As required by 10 CFR 50.91(a), the functions of the Reactor Protective Criterion 3—Does Not Involve a Significant licensee has provided its analysis of the System from the Technical Reduction in the Margin of Safety issue of no significant hazards Specifications to the Technical The Steam Generator Level—High Trip consideration, which is presented Requirements Manual. setpoint is not credited in any accident below: Basis for proposed no significant analyses and performs only an equipment hazards consideration determination: protection function. The setpoint continues (1) The proposed amendment does not As required by 10 CFR 50.91(a), the to protect the Main Turbine from damage and involve a significant increase in the preserves operating margin to accommodate probability or consequences of an accident licensee has provided its analysis of the excessive feedwater flow prior to trip. In previously evaluated. No physical changes to issue of no significant hazards addition, turbine failure has been previously the facility will occur as a result of this consideration, which is presented evaluated at ANO–2 as not to be a significant amendment. Work activities will continue to below: threat to the health and safety of the public.

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Events that may result from water intrusion the high linear power level-high trip criteria of 10 CFR 100. Therefore, the into the main steam lines have been setpoint when one or more MSSVs are proposed changes do not involve a previously evaluated and found not to rely inoperable, and would revise the action significant increase in the consequences of an upon the Steam Generator Level—High Trip statement in Mode 3 to maintain at least accident previously evaluated. function. The relocation of the requirements Therefore, the proposed changes do not associated with the Steam Generator Level— two MSSVs operable on each SG. involve a significant increase in the High function from the TSs to the ANO–2 Basis for proposed no significant probability or consequences of any accident TRM does not change the current values and hazards consideration determination: previously evaluated. As required by 10 CFR 50.91(a), the requirements. Since no technical change in Criterion 2—Does Not Create the Possibility the setpoint or allowable value is proposed licensee has provided its analysis of the of a New or Different Kind of Accident From by this submittal and because the Steam issue of no significant hazards Any Previously Evaluated Generator Level—High function does not consideration, which is presented The proposed changes to the ANO–2 TSs meet any of the four criterion of 10 CFR below: 50.36(c)(2)(ii), no significant change to the are analytically based and require changing margin of safety is evident. Criterion 1—Does Not Involve a Significant plant setpoints and procedural limits. No Therefore, this change does not involve a Increase in the Probability or Consequences physical modifications are required as a significant reduction in the margin of safety. of an Accident Previously Evaluated result of the proposed changes. The RPS/ The proposed changes to the ANO–2 ESFAS setpoint changes provide functionally The NRC staff has reviewed the [Arkansas Nuclear One, Unit 2] TSs are equivalent protection with the RSGs as the licensee’s analysis and, based on this analytically based which change setpoints previous setpoint values provided with the review, it appears that the three and procedure limits. No physical OSGs. Proposed changes in regard to RCS standards of 10 CFR 50.92(c) are modifications are required as a result of the flow rate and High Linear Power Trip satisfied. Therefore, the NRC staff proposed changes. The RPS/ESFAS setpoint setpoints associated with conditions where proposes to determine that the changes provide functionally equivalent MSSVs are inoperable represent appropriate amendment request involves no protection with the RSGs [replacement steam restrictions that have resulted from the generators] as the previous setpoint values various analyses performed in support of significant hazards consideration. RSG installation. The additional 8 hours Attorney for licensee: Nicholas S. provided with the OSGs [original steam generators]. Proposed changes in regard to provided for reducing the High Linear Power Reynolds, Esquire, Winston and Strawn, RCS [reactor coolant system] flow rate and Level trip setpoints is acceptable due to the 1400 L Street, NW., Washington, DC High Linear Power Trip setpoints associated low probability of an event occurring within 20005–3502. with conditions where MSSVs are inoperable this period, based on operating experience NRC Section Chief: Robert A. Gramm. represent appropriate restrictions that have which indicates such a time period is reasonable to complete the changes, and to Entergy Operations, Inc., Docket No. 50– resulted from the various analyses performed in support of RSG installation. An Emergency provide consistency with the RSTS [Revised 368, Arkansas Nuclear One, Unit No. 2, Core Cooling System (ECCS) performance Standard Technical Specifications]. Pope County, Arkansas analysis was performed to demonstrate Therefore, the proposed TS changes will not Dated of amendment request: conformance to 10 CFR 50.46 for operation create the possibility of a new or different November 29, 1999 . with RSGs. For the large break Loss of kind of accident than previously analyzed. Description of amendment request: Coolant Accident (LOCA), the most limiting A review of both LOCA and non-LOCA events was performed which confirms that The proposed amendment would revise single failure of the ECCS [is no failure to the ECCS]. The small break LOCA analysis was existing licensing basis methodologies have selected Technical Specifications (TSs), reanalyzed using the existing Supplement 2 been considered and that a new accident Bases, and portions of the Safety Model (S2M) of the ABB CENP [ABB event has not been created. Analysis Report (SAR) to maintain Combustion Engineering Nuclear Power] Therefore, this change does not create the consistency with the transient and small break LOCA evaluation model. The possibility of a new or different kind of accident analyses which evaluated the analysis was performed for 0.03 ft2, 0.04 ft2, accident from any previously evaluated. impact of the replacement steam and 0.05 ft2 in the reactor coolant pump Criterion 3—Does Not Involve a Significant generators (SGs) that are being used for (RCP) discharge leg. The results of both Reduction in the Margin of Safety analyses demonstrate continued conformance Cycle 15 operation. TS changes are LOCA and non-LOCA safety analyses proposed for the Reactor Protection to the ECCS acceptance criteria of 10 CFR 50.46. Non-LOCA analyses intended to supporting the proposed changes have been System (RPS) and Engineered Safety confirm the Chapter 15 events in the ANO– performed and have demonstrated Features Actuation System (ESFAS) low 2 SAR were also performed. The analyses conformance within applicable acceptance pressurizer pressure setpoints, the RPS were performed considering the proposed criteria. With the increased size of the RSGs and ESFAS low SG pressure setpoints, Safety Limits and the Limiting Safety and the change in design characteristics, the the RPS and ESFAS low SG level Settings of the TSs and were confirmed to be bases for the setpoints in the ANO–2 TSs are bounding for the affected safety analyses. The affected. However, based on the new analyses setpoints, the reactor coolant flow rate and evaluations conducted in support of this limit, and the high linear power trip results of the non-LOCA analyses indicate that operation with the RSGs in service is license amendment, the new TS setpoints setpoints with inoperable main steam provide adequate margin to protect safety valves (MSSVs). SAR changes acceptable. As a result of the analyses and evaluations performed in support of the established safety and regulatory limits. would support the new TS values and RSGs, the ANO specific safety parameters Although calculated offsite radiological doses would also include small increases in and regulatory limits are protected. increase slightly for some non-LOCA events calculated offsite radiological doses Therefore, the proposed TS changes will not documented in Chapter 15 of the ANO–2 using newer, more conservative significantly increase the probability of an SAR, the increases are not considered to be methods, for some non-loss-of-coolant accident previously analyzed. significant in that the results remain within the 10 CFR 100 acceptance criteria. accident events. The doses would Loss of Coolant Accidents (LOCAs) and non-LOCA safety analyses supporting the Therefore, this change does not involve a remain within the 10 CFR Part 100 significant reduction in the margin of safety. acceptance criteria. The proposed proposed changes have been performed and amendment would also make changes to have demonstrated conformance with all The NRC staff has reviewed the applicable Licensing Basis acceptance the TSs and Bases that are not directly criteria. Although calculated radiological licensee’s analysis and, based on this related to the replacement SGs. These doses using newer, more conservative review, it appears that the three changes would revise the allowed methods increase for some non-LOCA events standards of 10 CFR 50.92(c) are outage time of the MSSVs in Modes 1 (requiring a revision to Chapter 15 of the satisfied. Therefore, the NRC staff and 2 to allow up to 12 hours to reduce SAR), the results are within the acceptance proposes to determine that the

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No new method of plant operation is Depressurization and Cooling System. Entergy Operations Inc., Docket No. 50– involved. Inoperable CSS components are not accident initiators in any accident previously 382, Waterford Steam Electric Station, Therefore, the proposed change will not create the possibility of a new or different evaluated. Therefore, this change does not Unit 3, St. Charles Parish, Louisiana kind of accident from any accident involve an increase in the probability of any Dated of amendment request: July 29, previously evaluated. accident previously evaluated. 1999, as supplemented by letters dated 3. Will operation of the facility in The CSS system is primarily designed to accordance with this proposed change mitigate the consequences of a Loss of August 8 and August 24, 1999 (NPF–38– Coolant Accident (LOCA) or Main Steam 220). involve a significant reduction in a margin of safety? Line Break (MSLB). These proposed changes Description of amendment request: Response: The proposed changes do not do not affect any of the assumptions used in The proposed change modifies affect the Technical Specification limiting the deterministic LOCA or MSLB analyses. Technical Specifications (TS) 3.8.1.1 conditions for operation or their bases which Hence the consequences of accidents and associated Bases by extending the support the deterministic analyses used to previously evaluated do not change. Emergency Diesel Generator allowed establish the margin of safety. Evaluations In order to fully evaluate the CSS AOT outage time from 72 hours to ten days. used to support the requested Technical [Allowed Outage Time] extension, Additionally, this proposed change adds Specification changes have been probabilistic safety assessment (PSA) demonstrated to be either risk neutral or risk methods were utilized. The results of these Section 6.16, ‘‘Configuration Risk analyses show no significant increase in the Management Program’’ to the beneficial depending on precise plant conditions. These evaluations are detailed in core damage frequency. These analyses are Administrative Controls of the TS. CE NPSD–996. detailed in report CE NPSD–1045, Basis for proposed no significant Therefore, the proposed change will not ‘‘Modifications To The Containment Spray hazards consideration determination: involve a significant reduction in a margin of System, and Low Pressure Safety Injection As required by 10 CFR 50.91(a), the safety. System Technical Specifications.’’ licensee has provided its analysis of the The Configuration Risk Management The NRC staff has reviewed the issue of no significant hazards Program is an Administrative Program that licensee’s analysis and, based on this consideration, which is presented assesses risk based on plant status. Adding review, it appears that the three the requirement to implement this program below: standards of 10 CFR 50.92(c) are for Technical Specification 3.6.2.1 does not 1. Will operation of the facility in satisfied. Therefore, the NRC staff affect the probability or the consequences of accordance with this proposed change proposes to determine that the an accident. involve a significant increase in the amendment request involves no Analyzed events are assumed to be probability or consequences of an accident initiated by the failure of plant structures, previously evaluated? significant hazards consideration. systems or components. Allowing an Response: The emergency diesel generators Attorney for licensee: N.S. Reynolds, extended AOT or changing the (EDGs) are backup alternating current power Esquire, Winston & Strawn 1400 L APPLICABILITY does not increase the sources designed to power essential safety Street NW., Washington, DC 20005– probability that a failure leading to an systems in the event of a loss of offsite 3502. analyzed event will occur. The CSS power. EDGs are not an accident initiator in NRC Section Chief: Robert A. Gramm. components are passive until an actuation any accident previously evaluated. Therefore, signal is generated. This change does not this change does not involve an increase in Entergy Operations Inc., Docket No. 50– increase the failure probability of the CSS the probability of an accident previously 382, Waterford Steam Electric Station, components. As such, the probability of evaluated. Unit 3, St. Charles Parish, Louisiana occurrence for a previously analyzed The EDGs provide backup power to accident [is] not significantly increased. components that mitigate the consequences Dated of amendment request: July 29, Therefore, the proposed change will not of accidents. The proposed changes to 1999, as supplemented by letter dated involve a significant increase in the allowed outage times (AOTs) do not affect August 24, 1999 (NPF–38–221). probability or consequences of any accident any of the assumptions used in deterministic Description of amendment request: previously evaluated. safety analyses. The proposed change modifies 2. Will operation of the facility in In order to fully evaluate the EDG AOT Technical Specifications (TS) 3.6.2.1 to accordance with this proposed change create extension, probabilistic safety analysis extend the allowable outage time to the possibility of a new or different type of methods were utilized. The results of these seven days for one Containment Spray accident from any accident previously analyses indicate no significant increase in System (CSS) train inoperable. A new evaluated? the risk of an accident previously evaluated. Response: The proposed change does not These analyses are detailed in CE NPSD–996, ACTION has been added to provide a change the design or configuration of the Combustion Engineering Owners Group shutdown requirement for the plant. No new equipment is being ‘‘Joint Applications Report for Emergency inoperability of two CSSs. Additionally, introduced, and installed equipment is not Diesel Generators AOT Extension.’’ the APPLICABILITY is being changed to being operated in a new or different manner. The Configuration Risk Management provide an end state of MODE 4. There is no change being made to the Program is an Administrative Program that Associated TS Bases changes are parameters within which the plant is assesses risk based on plant status. Adding included. operated, and the setpoints at which the requirement to implement this program Basis for proposed no significant protective or mitigative actions are initiated for Technical Specification 3.8.1.1 ACTION b hazards consideration determination: are unaffected by this change. No alteration does not affect the probability or the in the procedures which ensure the plant consequences of an accident. As required by 10 CFR 50.91(a), the remains within analyzed limits is being Therefore, the proposed change will not licensee has provided its analysis of the proposed, and no change is being made to the involve a significant increase in the issue of no significant hazards procedures relied upon to respond to an off- probability or consequences of any accident consideration, which is presented normal event. As such, no new failure modes previously evaluated. below: are being introduced. The proposed change

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6407 will only provide the plant some flexibility 10 CFR 50.91(a), the licensee has provided its operable and the failure of one train of in the AOT and chang[es] the analysis of the issue of no significant hazards containment spray. APPLICABILITY. The change does not alter consideration, which is presented below: These values above demonstrate that the assumptions made in the safety analysis and 1. Will the operation of the facility in containment design basis pressure and licensing basis. Therefore, the change does equipment qualification temperature of 44 accordance with these proposed changes ° not create the possibility of a new or different involve a significant increase in the psig and 413.5 F, respectively, are not kind of accident from any accident probability or consequence of an accident exceeded and the containment pressure at 24 previously evaluated. previously evaluated? hours after start of the limiting LOCA is less Therefore, the proposed change will not Response: The proposed change to than 50% of the peak pressure. create the possibility of a new or different Technical Specification (TS) 3.6.2.2 reduces The results of the containment response kind of accident from any accident the number of Containment Fan Coolers analysis discussed above satisfy the previously evaluated. (CFC) from two to one required to be following NRC Staff Standard Review Plan 3. Will operation of the facility in operable in each train of the Containment (SRP) section 6.2.1.1.A guidance document accordance with this proposed change Cooling System for modes 1, 2, 3, and 4. This acceptance criteria for a PWR [Pressurized involve a significant reduction in a margin of change does not create any new system Water Reactor] dry containment. safety? interactions and has no impact on operation The peak calculated containment pressure Response: The proposed changes do not or function of any system or equipment in a following a Loss of Coolant Accident (LOCA) affect the limiting conditions for operation or way that could cause an accident. The CFCs or Main Steam Line Break (MSLB) should be their bases used in the deterministic analysis are not an initiator of any events nor affect less than the containment design pressure. to establish the margin of safety. PSA any accident initiators of any events analyzed To satisfy the requirements of GDC evaluations were used to evaluate these in Chapter 15 of the UFSAR [Updated Final [General Design Criteria] 38 to rapidly reduce changes. These evaluations demonstrate that Safety Analysis Report]. Therefore this the containment pressure, the containment the changes involve no significant increase in change will not impact the probability of pressure should be reduced to less than 50% risk. These evaluations are detailed in report occurrence of an accident. of the peak calculated pressure for the design CE NPSD–1045. The margin of safety is The results of the reanalysis of the limiting basis LOCA within 24 hours after the established through equipment design, Loss of Coolant Accident (LOCA) and Main postulated accident. operating parameters, and the setpoints at Steam Line Break (MSLB) accidents show Thus, revising the containment cooling which automatic actions are initiated. None that the consequences of an accident system TS to require only one operable CFC of these are adversely impacted by the previously evaluated are not increased by the per train results in acceptable containment proposed change. Sufficient equipment change in the required number of operable response and therefore, will not adversely remains available to actuate upon demand for CFCs. The limiting accidents affected by the impact the consequences of accidents the purpose of mitigating a transient event. proposed changes are identified below: previously evaluated. The proposed change, which allows The peak containment pressure following Therefore, the proposed changes will not operation to continue for up to 7 days with the limiting LOCA (Double Ended Hot Leg involve a significant increase in the components inoperable in one CSS train, is Slot Break with minimum safety injection probability or consequences of an accident acceptable based on the remaining CSS flow) was determined to be 35.2 psig [pounds previously evaluated. components providing 100% of the required per square inch, gauge] as compared to the 2. Will the operation of the facility in CSS flow. The reduced potential for a self- current licensing basis limiting LOCA accordance with these proposed changes induced plant transient resulting from unit (Double Ended Suction Leg Slot Break with create the possibility of a new or different shutdown required for a second inoperable minimum safety injection flow) peak kind of accident from any accident CSS train is minimized. Therefore, the pressure of 43.1 psig. previously evaluated? change does not involve a significant The peak containment pressure at 24 hours Response: The proposed change to reduce reduction in the margin of safety, and is following the start of the limiting LOCA the number of operable Containment Fan offset by minimizing the potential for a self- (Double Ended Discharge Leg Slot Break with Coolers (CFC) from two to one in each train induced plant transient. minimum safety injection flow) and the of the Containment Cooling System for Therefore, the proposed change will not operation of one containment spray train and modes 1, 2, 3, and 4 does not alter the involve a significant reduction in a margin of one partially flooded CFC operable was operation of the CFCs. Although only one of safety. determined to be 15.5 psig with a peak the two CFCs per train is required to be The NRC staff has reviewed the licensee’s pressure of 33.27 psig as compared to the operable, the manner in which the CFCs analysis and, based on this review, it appears current licensing basis of 14.9 psig with a perform their safety function is not changed. that the three standards of 10 CFR 50.92(c) peak pressure of 42.9 psig. The current All four CFCs (two per train) will be are satisfied. Therefore, the NRC staff licensing basis limiting LOCA is the Double maintained operable to the extent possible to proposes to determine that the amendment Ended Suction Leg Slot Break with maximum provide the greatest defense in depth and request involves no significant hazards safety injection flow and the operation of one operating flexibility. consideration. containment spray train and two operable This proposed change does not involve a Attorney for licensee: N.S. Reynolds, CFCs. change in plant design, nor does it involve Esquire, Winston & Strawn 1400 L Street The peak containment pressure following any potential initiating events that would NW., Washington, DC 20005–3502. the limiting MSLB (102% power with failure create any new or different kind of accident. NRC Section Chief: Robert A. Gramm. of one containment heat removal train This proposed change does not alter the way consisting of one containment spray pump in which the plant is operated in a manner Entergy Operations Inc., Docket No. 50–382, and one CFC operable) was determined to be that would create a new or different accident. Waterford Steam Electric Station, Unit 3, St. 42.68 psig as compared to the current Therefore, since no hardware modifications Charles Parish, Louisiana licensing basis peak pressure of 42.9 psig. will be made, the proposed change will not Date of amendment request: October 18, The current licensing basis limiting MSLB is create the possibility of a new or different 1999. 75% power with the failure of one train of kind of accident from any accident Description of amendment request: The containment heat removal system consisting previously evaluated. proposed change modifies Technical of one containment spray train and two 3. Will the operation of the facility in Specification (TS) 3.6.2.2 Limiting Condition operable CFCs. accordance with these proposed changes for Operation to allow Waterford Steam The peak containment equipment involve a significant reduction in a margin of Electric Station, Unit 3 to operate with two qualification temperature following the safety? independent trains of containment cooling, limiting MSLB (102% power with the failure Response: The proposed change revises TS consisting of one cooler per train, operable of one MSIV to close) was determined to be 3.6.2.2, Containment Cooling System. This during modes 1, 2, 3, and 4. Associated 397.4 °F as compared to the current licensing change revises the required number of fan changes to the TS Bases have been proposed. basis peak temperature of 409.1 °F. The coolers from two fan coolers per train to one Basis for proposed no significant hazards current licensing basis limiting MSLB is fan cooler per train. As described in the consideration determination: As required by 102% power with two CFCs per train containment depressurization and cooling

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As required by 10 CFR 50.91(a), the revised by the proposed changes. Since there The analyses that have been performed to licensee has provided its analysis of the will be no changes to the physical design or support this Technical Specification change issue of no significant hazards operation of the plant, the proposed changes have shown that the peak containment consideration, which is presented do not involve a significant reduction in a pressure remains below 44 psig, the 24-hour below: margin of safety. containment pressure is less than half the 1. The proposed changes do not involve a peak pressure, and the containment peak The NRC staff has reviewed the significant increase in the probability or licensee’s analysis, and based on this temperature remains below the maximum consequences of an accident previously temperature of 413.5 °F provided in the Bases review, it appears that the three evaluated. standards of 50.92(c) are satisfied. for Technical Specifications 3.6.2.1 and The proposed changes do not adversely 3.6.2.2. In comparison of the current safety affect accident initiators or precursors nor Therefore, the NRC staff proposes to margins to the safety margins that would alter the design assumptions, conditions, and determine that the amendment request exist if the proposed changes were in effect, configuration of the facility or the manner in involves no significant hazards the results of the analyses, illustrated below, which the plant is operated and maintained. consideration. show an increase in the margin of safety for In addition, the proposed changes do not Attorney for licensee: Lillian M. containment pressure and equipment affect the manner in which the plant qualification temperature following the Cuoco, Esq., Senior Nuclear Counsel, responds in normal operation, transient or Northeast Utilities Service Company, associated limiting LOCA and MSLB. accident conditions nor do they change any The peak containment pressure following of the procedures related to operations of the P.O. Box 270, Hartford, CT 06141–0270. the limiting LOCA was determined to be 35.2 plant. The proposed changes do not alter or NRC Section Chief: James W. Clifford. psig as compared to the current licensing prevent the ability of structures, systems and basis limiting LOCA peak pressure of 43.1 Omaha Public Power District, Docket No components (SSCs) to perform their intended 50–285, For Calhoun Station, Unit No. psig. function to mitigate the consequences of an The peak containment pressure at 24 hours initiating event within the acceptance limits 1, Washington County, Nebraska. following the start of the limiting LOCA was assumed in the Updated Final Safety Date of amendment request: March determined to be 15.5 psig with a peak Analysis Report (UFSAR). The proposed 18, 1998. pressure of 33.27 psig as compared to the changes are administrative and editorial in current licensing basis of 14.9 psig with a nature and only correct, update and modify Description of amendment request: peak pressure of 42.9 psig. the Operation License. The proposed amendment would revise The peak containment pressure following The proposed changes do not affect the the Technical Specifications 2.15(4) and the limiting MSLB was determined to be source term, containment isolation or 2.15(5) to identify (1) all indication 42.68 psig as compared to the current radiological release assumptions used in functions and control functions required licensing basis peak pressure of 42.9 psig. evaluating the radiological consequences of for the alternate (remote) shutdown The peak containment equipment an accident previously evaluated in the system (alternate shutdown panel and qualification temperature following the Seabrook Station UFSAR. Further, the auxiliary feedwater panel), (2) panel limiting MSLB was determined to be 397.4 °F proposed changes do not increase the types locations of the functions, and (3) the as compared to the current licensing basis and amounts of radioactive effluent that may peak temperature of 409.1 °F. be released offsite, nor significantly increase number of channels required. This proposed change does not adversely individual or cumulative occupational/ Basis for proposed no significant impact a margin of safety, involve a change public radiation exposures. hazards consideration determination: in plant design, or have any affect on the Therefore, the proposed changes do not As required by 10 CFR 50.91(a), the plant protective barriers. Therefore, the involve a significant increase in the licensee has provided its analysis of the proposed change will not involve a probability or consequences of an accident issue of no significant hazards significant reduction in the margin of safety. previously evaluated. consideration, which is presented The Nuclear Regulatory Commission 2. The proposed changes do not create the possibility of a new or different kind of below: staff has reviewed the licensee’s accident from any previously evaluated. 1. The proposed change does not involve analysis and, based on this review, it The proposed changes are administrative a significant increase in the probability or appears that the three standards of 10 in nature and only correct, update and clarify consequences of an accident previously CFR 50.92(c) are satisfied. Therefore, the the Seabrook Station Operating License. The evaluated. NRC staff proposes to determine that the proposed changes do not modify the facility The proposed changes to Technical amendment request involves no nor do they modify the manner in which the Specifications Section 2.15(4) and 2.15(5) plant will be operated nor do they affect the identify functions, instruments, and controls significant hazards consideration. along with their location and the number of Attorney for licensee: N. S. Reynolds, plant’s response to normal, transient or accident conditions. The changes do not required channels. The new Technical Esquire, Winston & Strawn 1400 L introduce a new mode of plant operation. Specifications section addresses the Street NW., Washington, DC 20005– The plant’s design basis are not revised and regulatory requirements for equipment 3502. the current safety analyses will remain in required for Alternative and Dedicated NRC Section Chief: Robert A. Gramm. effect and the plant will continue to be Shutdown Capability per 10 CFR Part 50 operated in accordance with the existing Appendix R. It will ensure that proper North Atlantic Energy Service Technical Specifications. Therefore, the Limiting Conditions for Operation are Corporation, Docket No. 50–443, proposed changes do not create the entered for equipment or functional Seabrook Station, Unit No. 1, possibility of a new or different kind of inoperability. There are no physical Rockingham County, New Hampshire accident from any previously evaluated. alterations being made to the Alternate 3. The proposed changes do not involve a Shutdown Panel and the Auxiliary Date of amendment request: significant reduction in a margin of safety. Feedwater Panel or related systems. December 13, 1999. The proposed changes are administrative Therefore, the proposed changes do not Description of amendment request: and editorial changes to the Seabrook Station involve a significant increase in the The licensee proposes to change the Operating License that do not revise the probability or consequences of an accident license to delete an expired license Technical Specifications or the bases for the previously evaluated.

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2. The proposed change does not create the adoption of the new test method and Description of amendment request: possibility of a new or different kind of acceptance criteria of ASTM [American The proposed amendment would revise accident from any accident previously Society for Testing and Materials] D3803– Sections 4.7.A and 4.11.B of the evaluated. 1989, with the exceptions as identified in the Appendix A Technical Specifications The proposed changes will not result in Technical Specifications, for activated any physical alterations to the Alternate charcoal filters does not involve any (TSs) to the James A. FitzPatrick Shutdown Panel or the Auxiliary Feedwater modifications to the plant, will not require Operating License to adopt the Panel, or any plant configuration, systems, changes to how the plant is operated nor will surveillance test methods and equipment, or operational characteristics. it affect the operation of the plant. Adoption performance criteria detailed in NRC There will be no changes in operating modes, of these provisions ensures compliance with Generic Letter 99–02 for laboratory or safety limits, or instrument limits. With the new test standard of ASTM D 3803–1989. testing of nuclear-grade charcoal. The the proposed changes in place, Technical Adoption of new test method will not cause proposed amendment also would Specifications retain requirements for the an accident and therefore cannot involve a reduce the minimum allowable Standby Alternate Shutdown Panel and the Auxiliary significant increase in the probability or Feedwater Panel. Therefore, the proposed consequences of an accident previously Gas Treatment System (SGTS) and changes do not create the possibility of a new evaluated. Control Room Emergency Ventilation or different kind of accident from any (2) Does the proposed license amendment Air Ventilation Supply System previously evaluated. create the possibility of a new or different (CREVASS) charcoal filter efficiencies 3. The proposed change does not involve kind of accident from any accident specified in the TSs to those assumed in a significant reduction in a margin of safety. previously evaluated? the updated radiological dose The proposed changes clarify the Response: The proposed license calculations. regulatory requirements for the Alternative amendment does not create the possibility of Basis for proposed no significant and Dedicated Shutdown Capability as a new or different kind of accident from any hazards consideration determination: accident previously evaluated. The adoption defined by 10 CFR Part 50, Appendix R. The As required by 10 CFR 50.91(a), the proposed changes will not alter any physical of the new test method and acceptance or operational characteristics of the Alternate criteria of ASTM D 3803–1989, with the licensee has provided its analysis of the Shutdown Panel and the Auxiliary exceptions as identified in the Technical issue of no significant hazards Feedwater Panel and their associated systems Specifications, for activated charcoal filters consideration, which is presented and equipment. Therefore, the proposed does not involve any modifications to the below: plant, will not require changes to how the changes do not involve a reduction in a Operation of the FitzPatrick plant in margin of safety. plant is operated nor will it affect the operation of the plant. Adoption of new test accordance with the proposed amendment The NRC staff has reviewed the method will not cause an accident and would not involve a significant hazards licensee’s analysis and, based on this therefore cannot create the possibility of a consideration as defined in 10 CFR 50.92(c) review, it appears that the three new or different kind of accident from any since it would not: standards of 10 CFR 50.92(c) are accident previously evaluated. (1) Involve an increase in the probability or consequences of an accident previously satisfied. Therefore, the NRC staff (3) Does the proposed license amendment involve a significant reduction in a margin of evaluated. proposes to determine that the These changes are not modifications to the amendment request involves no safety? Response: The proposed license plant. They will not require changes to how the plant is operated, nor will they affect the significant hazards consideration. amendment does not involve a significant operation of the plant. Attorney for licensee: Perry D. reduction in a margin of safety. The use of Changes to these test methods will not Robinson, Winston & Strawn, 1400 L outdated test protocols or inappropriate test cause an accident and therefore cannot Street, N.W., Washington, DC 20005– conditions can lead to an overestimation of increase the probability of an accident. 3502. the charcoal filters’ ability to adsorb Calculated radiological doses increase as a NRC Section Chief: Stephen Dembek. radioiodine following an accident. The result of reductions in assumed charcoal adoption of the new test method and testing efficiencies, but remain within regulatory Power Authority of The State of New criteria of ASTM D 3803–1989, with the limits. Radiological doses at the site York, Docket No. 50–286, Indian Point exceptions as identified in the Technical boundary and low population zone are less Nuclear Generating Unit No. 3, Specifications, for activated charcoal filters than 25 percent of 10 CFR 100 criteria. Post- Westchester County, New York would ensure at least a safety factor of two accident doses to control room operators are is maintained. Thus, the proposed change Date of amendment request: also within regulatory limits. would not involve a significant reduction in November 29, 1999. (2) Create the possibility of a new or a margin of safety. Description of amendment request: different kind of accident from any accident The amendment would adopt the The NRC staff has reviewed the previously evaluated. ‘‘Standard Test Method for Nuclear licensee’s analysis and, based on this These changes are not modifications to the Grade Activated Carbon’’ for charcoal review, it appears that the three plant, nor will they require changes to how filter laboratory testing with certain standards of 50.92(c) are satisfied. the plant is operated. Changes to these test methods will not cause an accident, and exceptions. Therefore, the NRC staff proposes to determine that the amendment request therefore cannot create the possibility of a Basis for proposed no significant new or different kind of accident. hazards consideration determination: involves no significant hazards (3) Involve a significant reduction in a As required by 10 CFR 50.91(a), the consideration. margin of safety. licensee has provided its analysis of the Attorney for licensee: Mr. David E. Evidence has been presented which issue of no significant hazards Blabey, 10 Columbus Circle, New York, contend that activated charcoal testing consideration, which is presented New York 10019. performed to test standards other than ASTM below: NRC Section Chief: Marsha [American Society for Testing and Materials] Gamberoni, Acting. D3803–1989 may be inaccurate and may (1) Does the proposed license amendment overestimate its adsorption capabilities. The involve a significant increase in the Power Authority of the State of New adoption of ASTM D3803–1989 charcoal probability or consequences of an accident York, Docket No. 50–333, James A. performance standards and plant-specific test previously evaluated? FitzPatrick Nuclear Power Plant, parameters ensures adequate safety margins. Response: The proposed license Oswego County, New York amendment does not involve a significant The NRC staff has reviewed the increase in the probability or consequences Date of amendment request: licensee’s analysis and, based on this of an accident previously evaluated. The November 19, 1999. review, it appears that the three

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Blabey, 1633 Broadway, New York, New trip setpoint from 90% open to 85% open York 10019. results in the MSIV closure scram event Date of amendment request: August NRC Section Chief: Marsha having a slight delay in the initiation of the 30, 1999. Gamberoni, Acting. reactor scram, and does not introduce a new Description of amendment request: or different kind of accident previously The proposed amendments would Power Authority of the State of New analyzed. An evaluation of the event revise Technical Specification 5.2.2 in York, Docket No. 50–333, James A. determined that the MSIV closure scram order to raise the level of the approval FitzPatrick Nuclear Power Plant, remains a relatively low consequence event authority for deviations from the Oswego County, New York and has no effect on any operating limits. The limiting event analyzed for the reactor guidelines provided to minimize unit Date of amendment request: vessel overpressure event in the UFSAR is staff overtime. December 20, 1999. the MSIV closure terminated by a high Basis for proposed no significant Description of amendment request: neutron flux scram, which does not take hazards consideration determination: This application for an amendment to credit for the MSIV closure valve position As required by 10 CFR 50.91(a), the the James A. FitzPatrick Technical scram. The proposed change will not create licensee has provided its analysis of the Specifications (TS) proposes a change to the possibility of a new or different kind of issue of no significant hazards the Main Steam Isolation Valve (MSIVs) accident. consideration, which is presented 3. The proposed change will not involve a below: closure scram setpoint. The proposed significant reduction in a margin of safety. amendment changes the MSIV closure This proposed change to the MSIV scram 1. Do the proposed changes involve a scram Trip Level Setting from ≤10% to trip setpoint from 90% open to 85% open significant increase in the probability or ≤15% valve closure. results in the MSIV closure scram event consequences of an accident previously Basis for proposed no significant having a slight delay in the initiation of the evaluated? hazards consideration determination: reactor scram. An evaluation of the event The proposed license amendment would As required by 10 CFR 50.91(a), the determined that the MSIV closure scram strengthen the administrative controls that licensee has provided its analysis of the remains a relatively low consequence event permit plant personnel to work beyond those limits outlined in the TS’s. As a result, there issue of no significant hazards and has no effect on any operating limits. In addition, an evaluation of the Main Steam will be greater scrutiny on the amount of consideration, which is presented Line Break outside containment event overtime being utilized to perform safety- below: concludes that there is no impact on PCT or related function. Therefore, it has been 1. The proposed change will not break flow and that the results presented in determined that operation of the facility in significantly increase the probability or the UFSAR are bounding. An evaluation of accordance with the proposed amendment consequences of any previously evaluated the impact on containment was also made. will not involve a significant increase in the accidents. The containment response is evaluated for probability or consequences of an accident This proposed change does not involve a much more severe events such as a LOCA or previously evaluated. significant increase in the probability or stuck open SRV, thus the change in MSIV 2. Do the proposed changes create the consequences of an accident previously scram setpoint has no impact on the possibility of a new or different kind of evaluated. This proposed change to the MSIV containment analysis. Changing the MSIV accident from any accident previously ≤ scram trip setpoint from 90% open to 85% valve position scram setpoint from 10% to evaluated? ≤ open results in the MSIV closure scram event 15% of valve closure will allow the limit There will be no physical changes to the having a slight delay in the initiation of the switches to be positioned such that both systems, components or structure of the reactor scram. The MSIV scram event is not scram and indicating limit switches can be facility as a result of this proposed license an accident initiator and will not increase the coordinated and provide accurate and amendment. The initial assumptions of the probability or consequence of any accident reliable valve position indication in the design accident analyses will be unaffected. previously evaluated. An evaluation of control room. Therefore, changing the MSIV Therefore, operation of the facility in events concluded that the MSIV direct scram closure scram setpoint from 90% open to accordance with the proposed amendment remains a relatively low consequence event 85% open does not involve a significant will not create the possibility of a new or and has no effect on any operating limits. reduction in a margin of safety and provides different kind of accident from any accident The limiting event analyzed for the reactor a net benefit to plant operations. previously evaluated. vessel overpressure event in the James A. The proposed change will not increase the 3. Do the proposed changes involve a FitzPatrick Updated Final Safety Analysis probability or consequences of any significant reduction in a margin of safety? Report (UFSAR) is the MSIV closure previously analyzed accident, introduce any This amendment raises the administrative new or different kind of accident previously terminated by a high neutron flux scram, level of management approval required for evaluated, or significantly reduce existing which does not take credit for the MSIV overtime in excess of the limits outlined in margin to safety. Therefore, the proposed closure valve position scram. In addition, an the TS. Therefore, operation of the facility in license amendment will not involve a evaluation of the Main Steam Line Break accordance with the proposed amendment significant hazards consideration. outside containment event concludes that will not involve a significant reduction in a there is no impact on PCT [Peak Clad The NRC staff has reviewed the margin of safety. Temperature] or break flow and that the licensee’s analysis and, based on this The NRC staff has reviewed the results presented in the UFSAR are review, it appears that the three licensee’s analysis and, based on this bounding. An evaluation of the impact on standards of 10 CFR 50.92(c) are review, it appears that the three containment was also made. The satisfied. Therefore, the NRC staff standards of 10 CFR 50.92(c) are containment response is evaluated for much more severe events such as a Loss of Coolant proposes to determine that the satisfied. Therefore, the NRC staff Accident (LOCA) or stuck open Safety Relief amendment request involves no proposes to determine that the Valve (SRV), thus the change in MSIV scram significant hazards consideration. amendment request involves no setpoint has no impact on the containment Attorney for licensee: Mr. David E. significant hazards consideration. analysis. Therefore, changing the MSIV Blabey, 1633 Broadway, New York, New Attorney for licensee: Mr. Arthur H. closure scram setpoint from 90% open to York 10019. Domby, Troutman Sanders,

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NationsBank Plaza, Suite 5200, 600 No. The proposed change only clarifies TS a LOCA are not being increased, since it is Peachtree Street, NE., Atlanta, Georgia requirements for the containment tendon shown that the emergency core cooling 30308–2216. surveillance program. The proposed system (ECCS) is designed so that its NRC Section Chief: Richard L. Emch, clarification has been previously reviewed calculated cooling performance conforms to and approved by the NRC staff with Jr. the criteria contained in 10 CFR 50.46, Amendments 23 and 4, and is consistent Paragraph b. The small break LOCA analysis Southern Nuclear Operating Company, with current regulatory guidance. As such, assumes only a nominal accumulator water Inc., et al., Docket Nos. 50–424 and 50– the proposed change is essentially level which is the same nominal value 425, Vogtle Electric Generating Plant, administrative in nature. The containment assumed in this analysis, therefore, the small prestressing system will continue to perform break LOCA analysis is unaffected by the Units 1 and 2, Burke County, Georgia its function to ensure containment structural increase in the accumulator range. Also, the Date of amendment request: October integrity. Therefore, the proposed change increased safety analysis range in 4, 1999. does not involve a significant reduction in a accumulator water volume (+/¥15 cubic Description of amendment request: margin of safety. feet) has an insignificant effect on the The proposed amendments would The NRC staff has reviewed the containment related analyses. revise Technical Specification 5.5.6, The post-LOCA containment sump boron licensee’s analysis and, based on this calculation assumes a minimum accumulator ‘‘Prestressed Concrete Containment review, it appears that the three volume which bounds (is smaller than) the Tendon Surveillance Program,’’ to standards of 10 CFR 50.92(c) are 1005 cubic feet (7518 gallons) value incorporate three exceptions to satisfied. Therefore, the NRC staff supported by the Best Estimate Large Break Regulatory Guide (RG) 1.35, Revision 2, proposes to determine that the LOCA analysis. Also, the hot leg switchover 1976. The exceptions concern the amendment request involves no calculation models a maximum accumulator number of tendons detensioned, significant hazards consideration. volume which is not bounded by the 1095 inspection of concrete adjacent to Attorney for licensee: Mr. Arthur H. cubic feet (8191 gallons) maximum value vertical tendons, and the time during Domby, Troutman Sanders, supported by the Best Estimate Large Break LOCA analysis. However, an evaluation which areas adjacent to tendons are NationsBank Plaza, Suite 5200, 600 concludes that the Watts Bar hot leg inspected. Peachtree Street, NE., Atlanta, Georgia switchover time is unaffected by the Basis for proposed no significant 30308–2216. difference in maximum volumes. hazards consideration determination: NRC Section Chief: Richard L. Emch, B. The proposed amendment does not As required by 10 CFR 50.91(a), the Jr. create the possibility of a new or different licensee has provided its analysis of the kind of accident from any accident Tennessee Valley Authority, Docket No. issue of no significant hazards previously evaluated. 50–390 Watts Bar Nuclear Plant, Unit 1, consideration, which is presented No new modes of plant operation are being Rhea County, Tennessee below: introduced by the new analysis or by the Date of amendment request: June 25, changes in instrumentation setpoints for 1. Does the proposed change involve a 1999 (TS 98–016). accumulator water level. The parameters significant increase in the probability or assumed in the analysis are within the design consequences of an accident previously Description of amendment request: limits of existing plant equipment. Therefore, evaluated? The proposed amendment would revise the proposed change does not create the No. The proposed change only clarifies TS the Technical Specifications (TS) and possibility of a new or different kind of requirements for the containment tendon TS Bases to reflect application of the accident from any accident previously surveillance program. The proposed Westinghouse generic Best Estimate evaluated. clarification has been previously reviewed Large Break Loss-of-Coolant Accident C. The proposed amendment does not and approved by the NRC staff with Analysis methodology using the involve a significant reduction in a margin of Amendments 23 and 4, and is consistent safety. with current regulatory guidance. As such, WCOBRA/TRAC computer code. Basis for proposed no significant It has been shown that the analytic the proposed change is essentially technique used in the analysis realistically administrative in nature. The containment hazards consideration determination: describes the expected behavior of the WBN tendon surveillance program has no impact As required by 10 CFR 50.91(a), the Unit 1 reactor system during a postulated on the probability of any accident initiators, licensee has provided its analysis of the loss of coolant accident. Uncertainties have and it will continue to ensure containment issue of no significant hazards been accounted for as required by 10 CFR structural integrity. Therefore, the proposed consideration, which is presented 50.46. The physical setpoint changes to change does not involve a significant below: accumulator water level instrumentation are increase in the consequences of an accident bounded by the uncertainty evaluation previously evaluated. A. The proposed amendment does not addressing accumulator water level. A 2. Does the proposed change create the involve a significant increase in the sufficient number of loss of coolant accidents possibility of a new or different kind of probability or consequences of an accident with different break sizes, different locations, accident from any previously evaluated? previously evaluated. and other variations in properties have been No. The proposed change only clarifies TS The proposed changes involve use of the considered to provide assurance that the requirements for the containment tendon Best Estimate Large Break loss-of-coolant most severe postulated LOCAs were surveillance program. The proposed accident (LOCA) analysis methodology and evaluated. It has been shown by the analysis clarification has been previously reviewed associated technical specification changes. that there is a high level of probability that and approved by the NRC staff with Accumulator water level set points will be all criteria contained in 10 CFR 50.46, Amendments 23 and 4, and is consistent revised from [greater than or equal to] 7717 Paragraph b are met. with current regulatory guidance. As such, gallons and [less than or equal to] 8004 the proposed change is essentially gallons to [greater than or equal to] 7630 The NRC staff has reviewed the administrative in nature. Plant design and gallons and [less than or equal to] 8000 licensee’s analysis and, based on this operation will not be changed, and no other gallons to provide the plant with an review, it appears that the three safety related or important to safety increased operating range. The plant standards of 10 CFR 50.92(c) are equipment is affected by the proposed conditions assumed in the analysis, satisfied. Therefore, the NRC staff change. Therefore, the proposed change will including the accumulator water level not create the possibility of a new or different instrumentation changes, are bounded by the proposes to determine that the kind of accident from any previously design conditions for all equipment in the amendment request involves no evaluated. plant. significant hazards consideration. 3. Does the proposed change involve a Therefore, there will be no increase in the Attorney for licensee: General significant reduction in a margin of safety. probability of a LOCA. The consequences of Counsel, Tennessee Valley Authority,

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400 West Summit Hill Drive, ET l0H, The proposed changes do not alter the designed and constructed to stringent quality Knoxville, Tennessee 37902. design assumptions, conditions, control standards, are provided with pressure NRC Section Chief: Richard P. configuration of the facility, or the manner in relief valves to prevent overpressurization, Correia. which the plant is operated. The proposed are missile-shielded by installation below changes have no impact on component or grade, and have their gaseous contents Vermont Yankee Nuclear Power system interactions. The proposed changes controlled to prevent potentially explosive Corporation, Docket No. 50–271, are administrative in nature and do not mixtures. The entire gaseous content of the Vermont Yankee Nuclear Power Station, change the level of programmatic controls waste gas decay tank is assumed to be Vernon, Vermont and procedural details relative to radiological released to the atmosphere as a ground-level effluents. release * * *. The waste gas charcoal filter Date of amendment request: Therefore, the proposed changes do not system is not credited for any mitigation of December 14, 1999. create the possibility of a new or different the release in the accident analysis for a Description of amendment request: kind of accident from any accident waste gas decay tank rupture. In addition, the This proposed change would revise the previously evaluated for Vermont Yankee. releases associated with a waste gas decay Vermont Yankee (VY) Technical 3. The operation of Vermont Yankee tank rupture are bounded by the existing Specifications (TS) by relocating the Nuclear Power Station in accordance with LOCA [loss-of-coolant accident] releases. the proposed amendment will not involve a Specifically, operation of the North Anna procedural details of the Radiological significant reduction in a margin of safety. Power Station in accordance with the Effluent Technical Specifications There is no impact on equipment design or proposed Technical Specification changes (RETS) to the Offsite Dose Calculation operation, and there are no changes being will not: Manual (ODCM). The TS would also be made to the TS-required safety limits or [1.] Involve a significant increase in the revised to relocate procedural details safety system settings that would adversely probability or consequences of an accident associated with solid radioactive wastes affect plant safety as a result of the proposed previously evaluated. to the Process Control Program (PCP). In changes. The proposed changes are Relocating the operability and surveillance addition, the TS definition for administrative in nature and do not change requirements for The Waste Gas Charcoal the level of programmatic controls and ‘‘solidification’’ would be relocated to System to the TRM [Technical Requirements procedural details relative to radiological Manual] does not change the operation of the the VY Technical Requirements Manual effluents. A comparable level of plant. The plant and the radioactive gas (TRM). administrative controls will continue to be waste system will not be operated differently. Basis for proposed no significant applied to those specifications being No new accident initiators are established as hazards consideration determination: relocated to the ODCM, PCP, or TRM. a result of the proposed changes. Therefore, As required by 10 CFR 50.91(a), the Therefore, the proposed changes do not the probability of occurrence is not increased licensee has provided its analysis of the involve a significant reduction in a margin of for any accident previously evaluated. issue of no significant hazards safety. Relocating the operability and surveillance consideration which is presented below: The NRC staff has reviewed the requirements for The Waste Gas Charcoal Filter to the TRM does not [a]ffect the 1. The operation of Vermont Yankee licensee’s analysis and, based on this review, it appears that the three gaseous releases to the environment, which Nuclear Power Station in accordance with are controlled by the ODCM [Offsite Dose the proposed amendment will not involve a standards of 10 CFR 50.92(c) are Calculation Manual]. Additionally, no credit significant increase in the probability or satisfied. Therefore, the NRC staff for these filters is taken in the accident consequences of an accident previously proposes to determine that the analysis for Waste Gas Decay Tank rupture. evaluated. amendment request involves no Therefore, there is no increase in the The proposed changes do not affect significant hazards consideration. consequences of any accident previously accident initiators or precursors and do not Attorney for licensee: Mr. David R. analyzed. alter the design assumptions, conditions, [2.] Create the possibility of a new or configuration of the facility, or the manner in Lewis, Shaw, Pittman, Potts and different kind of accident from any accident which the plant is operated. The proposed Trowbridge, 2300 N Street, NW., previously evaluated. changes do not alter or prevent the ability of Washington, DC 20037–1128. The proposed changes do not affect the structures, systems, or components to NRC Section Chief: James W. Clifford. perform their intended safety function to operation of the plant. The gaseous waste mitigate the consequences of an initiating Virginia Electric and Power Company, systems will not be operated differently as a event within the acceptance limits assumed Docket Nos. 50–338 and 50–339, North result of the proposed changes. No new in the Updated Final Safety Analysis Report Anna Power Station, Units No. 1 and accident or event initiators are created (UFSAR). The proposed changes are No. 2, Louisa County, Virginia moving the operability and surveillance administrative in nature and do not change requirements for The Waste Gas Charcoal the level of programmatic controls and Date of amendment request: October Filter to the TRM. Therefore, the proposed procedural details relative to radiological 28, 1999, as supplemented December changes do not create the possibility of any effluents. 21, 1999. accident or malfunction of a different type. Implementation of programmatic controls Description of amendment request: [3.] Involve a significant reduction in the for RETS already in TS will assure that the The proposed changes will remove the margin of safety as defined in the bases on applicable regulatory requirements operability and surveillance any Technical Specifications. pertaining to the control of radioactive requirements of Technical The proposed changes have no effect on any safety analyses assumptions. The waste effluents will continue to be maintained. Specifications (TS) Section 3/4.6.4.3, Since there are no changes to previous gas charcoal filters are not used to mitigate accident analysis, the radiological ‘‘Waste Gas Charcoal Filter System’’ the consequence[s] [of] a Waste Gas Decay consequences associated with these analyses from the TS and relocate them to the Tank rupture. The accident analysis assumes remain unchanged. Technical Requirements Manual. total release of the radioactiv[ity] in the Therefore, the proposed changes do not Basis for proposed no significant Waste Gas Decay Tank in the accident involve a significant increase in the hazards consideration determination: analysis. Therefore, the proposed changes do probability or consequences of an accident As required by 10 CFR 50.91(a), the not result in a reduction in a margin of safety. previously evaluated. licensee has provided its analysis of the The NRC staff has reviewed the 2. The operation of Vermont Yankee issue of no significant hazards licensee’s analysis and, based on this Nuclear Power Station in accordance with consideration, which is presented the proposed amendment will not create the review, it appears that the three possibility of a new or different kind of below: standards of 50.92(c) are satisfied. accident from any accident previously A waste gas decay tank rupture is highly Therefore, the NRC staff proposes to evaluated. unlikely, as the waste gas decay tanks are determine that the amendment request

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6413 involves no significant hazards (a) The proposed changes modify The NRC staff has reviewed the consideration. surveillance testing requirements and do not licensee’s analysis and, based on this Attorney for licensee: Mr. Donald P. affect plant systems or operation and review, it appears that the three Irwin, Esq., Hunton and Williams, therefore do not increase the probability or standards of 50.92(c) are satisfied. the consequences of an accident previously Therefore, the NRC staff proposes to Riverfront Plaza, East Tower, 951 E. evaluated. The proposed surveillance Byrd Street, Richmond, Virginia 23219. requirements adopt ASTM D3803–1989 as determine that the amendment request NRC Section Chief: Richard L. Emch the laboratory method for testing samples of involves no significant hazards Jr. the charcoal adsorber in response to NRC’s consideration. Generic Letter 99–02. This method of testing Virginia Electric and Power Company, Attorney for licensee: Mr. Donald P. charcoal adsorbers has been approved by the Irwin, Esq., Hunton and Williams, Docket Nos. 50–338 and 50–339, North NRC as an acceptable method for Anna Power Station, Units No. 1 and Riverfront Plaza, East Tower, 951 E. determining methyl iodide removal Byrd Street, Richmond, Virginia 23219. No. 2, Louisa County, Virginia efficiency. Since the charcoal adsorbers are used to mitigate the consequences of an NRC Section Chief: Richard L. Emch Dated of amendment request: Jr. November 29, 1999. accident, the more accurate the test, the better assurance we have that we remain Previously Published Notices of Description of amendment request: within our accident analysis assumptions. The proposed changes will modify the The laboratory test acceptance criteria Consideration of Issuance of Technical Specifications in Section contain a safety factor to ensure that the Amendments to Facility Operating 4.7.7.1 for the Control Room Emergency efficiency assumed in the accident analysis is Licenses, Proposed no Significant Habitability System and Section 4.7.8.1 still valid at the end of the operating cycle. Hazards Consideration Determination, for the Safeguards Area Ventilation There is no change in the method of plant and Opportunity for a Hearing System. The changes will require operation, system performance or system design. (b) The proposed changes do not The following notices were previously laboratory testing of the charcoal filter published as separate individual carbon to be consistent with American create the possibility of an accident or malfunction of a different type than any notices. The notice content was the Society for Testing and Materials evaluated previously. same as above. They were published as (ASTM) Standard D3803–1989. The proposed changes modify surveillance individual notices either because time Basis for proposed no significant testing requirements and do not impact plant did not allow the Commission to wait hazards consideration determination: In systems or operations and therefore do not for this biweekly notice or because the 10 CFR 50.92 three criteria are provided create the possibility of an accident or action involved exigent circumstances. to determine whether a proposed malfunction of a different type than They are repeated here because the evaluated previously. The proposed license amendment involves a biweekly notice lists all amendments significant hazards consideration. No surveillance requirements adopt ASTM D3803–1989 as the laboratory method for issued or proposed to be issued significant hazards consideration is involving no significant hazards involved if operation of the facility with testing samples of the charcoal adsorber. This change is in response to NRC’s request in consideration. the proposed amendment would not: (1) response to their Generic Letter 99–02. There For details, see the individual notice Involve a significant increase in the is no change in the method of plant operation in the Federal Register on the day and probability or consequences of an or system design. There are no new or page cited. This notice does not extend accident previously evaluated; or (2) different accident scenarios, transient the notice period of the original notice. Create the possibility of a new or precursors, nor failure mechanisms that will different kind of accident from any be introduced. Southern California Edison Company, et accident previously evaluated; or (3) (c) The proposed changes modify al., Docket Nos. 50–361 and 50–362, Involve a significant reduction in a surveillance test requirements and do not San Onofre Nuclear Generating Station, margin of safety. As required by 10 CFR impact plant systems or operations and Units 2 and 3, San Diego County, 50.91(a), the licensee has provided its therefore do not significantly reduce the California margin of safety. The revised surveillance analysis of the issue of no significant requirements adopt ASTM D3803–1989 as Dated of amendment request: April hazards consideration, which is the laboratory method for testing samples of presented below: 11, 1996, as supplemented April 6, the charcoal adsorber. The 1989 edition of 1998, March 22 and July 29, 1999 (PCN– Virginia Electric and Power Company has this standard imposes very stringent 460). reviewed the requirements of 10 CFR 50.92 requirements for establishing the capability as they relate to the proposed changes for the of new and used activated carbon to remove Brief description of amendment North Anna Units 1 and 2 and determined radio-labeled methyl iodide from air and gas request: The proposed amendments that a significant hazards consideration is not streams. The results of this test provide a would revise the San Onofre Units 2 involved. The proposed Technical more conservative estimate of the and 3 Technical Specification (TS) Specification changes adopt the nuclear- performance of nuclear-graded activated related to the containment isolation grade charcoal testing requirements of ASTM carbon used in all nuclear power plant HVAC valves. Specifically, the licensee D3803–1989 and do not affect the design or [heating, ventilation, and air conditioning] proposed a revision to TS 3.6.3 to operation of the plant. The changes also do systems for the removal of radioiodine. The extend the completion times for Section laboratory test acceptance criteria contain a not involve any physical modification to the D.1 and D.2 valves from 4 hours to the plant or result in a change in a method of safety factor to ensure that the efficiency system operation. The adoption of the 1989 assumed in the accident analysis is still valid applicable limiting condition for edition of ASTM D3803 provides assurance at the end of the operating cycle. operation time pertaining to the that testing of nuclear-grade activated This analysis demonstrates that the engineered safety feature system in charcoal of ventilation systems is being proposed amendment to The North Anna which the valve is installed. performed with a suitable standard to ensure Units 1 and 2 Technical Specifications does Dated of publication of individual that charcoal adsorbers are capable of not involve a significant increase in the notice in Federal Register: January 19, performing their required safety function and probability or consequences of a previously 2000 (65 FR 2993), as corrected January that the regulatory requirements regarding evaluated accident, does not create the onsite and offsite dose consequences possibility of a new or different kind of 26, 2000 (65 FR 4265). continue to be satisfied. The changes do not accident and does not involve a significant Expiration date of individual notice: create an unreviewed safety question. reduction in a margin of safety. February 18, 2000.

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Southern California Edison Company, et Notice of Consideration of Issuance of Consumers Energy Company, Docket al., Docket Nos.50–361 and 50–362, San Amendment to Facility Operating No. 50–155, Big Rock Point Plant, Onofre Nuclear Generating Station, License, Proposed No Significant Charlevoix County, Michigan Units 2 and 3, San Diego County, Hazards Consideration Determination, Date of amendment request: May 11, California and Opportunity for A Hearing in 1999, as supplemented June 3 and July Date of amendment request: January connection with these actions was 28, 1999. 2, 1998, as supplemented December 13, published in the Federal Register as Brief description of amendment: This 1999 (PCN–482). indicated. amendment deletes from the Defueled Brief description of amendment Unless otherwise indicated, the Technical Specifications (DTS) request: The proposed amendments Commission has determined that these subsection 1.16, ‘‘SITE BOUNDARY,’’ would revise the San Onofre Units 2 amendments satisfy the criteria for Figure 5.1–1, the Big Rock Point (BRP) and 3 Technical Specification (TS) categorical exclusion in accordance Site Map, and DTS 5.1.1 paragraph relating to the Auxiliary Feedwater with 10 CFR 51.22. Therefore, pursuant numbering and removes certain site- (AFW) System. Specifically, the licensee to 10 CFR 51.22(b), no environmental specific information from DTS 5.1, proposed to revise TS 3.7.5 to add a impact statement or environmental which describes the BRP site. The note that states: ‘‘The steam driven AFW assessment need be prepared for these amendment also makes editorial pump is OPERABLE when running and amendments. If the Commission has changes to DTSs 6.6.2.5. g, h, and j, and controlled manually to support plant prepared an environmental assessment 6.6.2.6.b. because of the changes start-ups, plant shut-downs, and AFW under the special circumstances associated with DTSs 1.16 and 5.1 and pump and valve testing.’’ provision in 10 CFR 51.12(b) and has Figure 5.1–1 described above. Most of Date of publication of individual made a determination based on that the information removed or deleted notice in Federal Register: January 19, assessment, it is so indicated. from the DTSs can be found in the BRP 2000 (65 FR 2991), as corrected January For further details with respect to the Final Hazards Summary Report. 26, 2000 (65 FR 4265). action see (1) the applications for Date of Issuance: January 13, 2000. Expiration date of individual notice: amendment, (2) the amendment, and (3) Effective Date: January 13, 2000, to be February 18, 2000. the Commission’s related letter, Safety implemented within 45 days from date Southern California Edison Company, et Evaluation and/or Environmental of issuance. Implementation includes al., Docket Nos. 50–361 and 50–362, Assessment as indicated. All of these incorporation of the site boundary San Onofre Nuclear Generating Station, items are available for public inspection information, as discussed in the staff’s Units 2 and 3, San Diego County, at the Commission’s Public Document safety evaluation enclosed with this California Room, the Gelman Building, 2120 L amendment, into the next Final Safety Date of amendment request: January Street, NW., Washington, DC, and Analysis Report (i.e. the updated Final 11, 1999, as supplemented November electronically from the ADAMS Public Hazards Summary Report for the Big 29, 1999 (PCN–499). Library component on the NRC Web Rock Point Nuclear Plant) update in Brief description of amendment site, http://www.nrc.gov (the Electronic accordance with the schedule in 10 CFR request: The proposed amendments Reading Room). 50.71(e). would revise the San Onofre Units 2 Carolina Power & Light Company, Amendment No.: 121. and 3 Technical Specification (TS) Docket No. 50–261, H. B. Robinson Facility Operating License No. DPR–6. 3.7.6, ‘‘Condensate Storage Tank (CST Steam Electric Plant, Unit No. 2, The amendment revises the Technical T–121 and T–120)’’ to change the Darlington County, South Carolina Specifications. minimum inventory of water Date of initial notice in Federal maintained in the condensate storage Date of application for amendment: Register: June 16, 1999 (64 FR 32288). tank (T–120) from 280,000 gallons to September 28, 1999. The Commission’s related evaluation 360,000 gallons during plant operation Brief description of amendment: The of the amendment is contained in a Modes 1, 2 and 3. amendment revises Technical Safety Evaluation dated January 13, Date of publication of individual Specification Surveillance Requirement 2000. notice in Federal Register: January 18, 3.7.6.2 ‘‘Component Cooling Water No significant hazards consideration 2000 (65 FR 2648). (CCW) System’’ to change the CCW comments received: No. Expiration date of individual notice: pump automatic start actuation signal Duke Energy Corporation, Docket Nos. February 17, 2000. basis from Engineered Safety Feature 50–269, 50–270, and 50–287, Oconee Actuation Signal to Loss-of-Power Notice of Issuance of Amendments to Nuclear Station, Units 1, 2, and 3, Diesel Generator. Facility Operating Licenses Oconee County, South Carolina Date of issuance: January 21, 2000. During the period since publication of Effective date: January 21, 2000. Date of application of amendments: the last biweekly notice, the April 5, 1999 as supplemented by letters Amendment No.: 186. Commission has issued the following dated May 27, July 6, October 7, and amendments. The Commission has Facility Operating License No. DPR– November 22, 1999. determined for each of these 23. Amendment revises the Technical Brief description of amendments: The amendments that the application Specifications. amendments revised the Technical complies with the standards and Date of initial notice in Federal Specifications to incorporate Topical requirements of the Atomic Energy Act Register: November 3, 1999 (64 FR Report DPC–NE–3005–P, ‘‘Thermal of 1954, as amended (the Act), and the 59798). Hydraulic Transient Analysis Commission’s rules and regulations. The Commission’s related evaluation Methodology.’’ The Commission has made appropriate of the amendment is contained in a Date of Issuance: January 18, 2000. findings as required by the Act and the Safety Evaluation dated January 21, Effective date: As of the date of Commission’s rules and regulations in 2000. issuance and shall be implemented 10 CFR Chapter I, which are set forth in No significant hazards consideration within 30 days from the date of the license amendment. comments received: No. issuance.

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Amendment Nos.: Unit 1–309; Unit Refueling Outage 9. Updated Safety Date of issuance: January 13, 2000. 2–309; Unit 3–309. Analysis Report (USAR) Sections Effective date: As of the date of Facility Operating License Nos. DPR– 9.1.2.2.2 and 9.1.2.3.3 are also changed issuance. 38, DPR–47, and DPR–55: Amendments to reflect the proposed exception. revised the Technical Specifications. Date of issuance: January 13, 2000. Amendment No.: 203. Date of initial notice in Federal Effective date: The license Facility Operating License No. DPR– Register: June 30, 1999 (64 FR 35202), amendment is effective as of its date of 51: Amendment revised the Technical November 3, 1999 (64 FR 59801). issuance and shall be implemented in Specifications. The Commission’s related evaluation the next periodic update to the USAR Public comments requested as to of the amendments is contained in a and TRM in accordance with 10 CFR proposed no significant hazards Safety Evaluation dated January 18, 50.71(e). Implementation of the consideration (NSHC): Yes (64 FR 73080 2000. amendment is the incorporation into the dated December 29, 1999). The notice No significant hazards consideration USAR and TRM update, the changes to provided an opportunity to submit comments received: No. the description of the facility as comments on the Commission’s described in the licensee’s application Duke Energy Corporation, Docket Nos. proposed NSHC determination. No dated December 16, 1999, as 50–269, 50–270, and 50–287, Oconee comments have been received. The supplemented by letters dated Nuclear Station, Units 1, 2, and 3, notice also provided for an opportunity December 21, 1999, and January 10, Oconee County, South Carolina. to request a hearing by January 28, 2000, 2000, and evaluated in the staff’s Safety but indicated that if the Commission Date of application of amendments: Evaluation attached to this amendment. makes a final NSHC determination, any September 29, 1999. Amendment No.: 108. such hearing would take place after Brief description of amendments: The Facility Operating License No. NPF– issuance of the amendment. amendments revise the Containment 47: The amendment revises the Inservice Inspection Program Technical Technical Requirements Manual and The Commission’s related evaluation Specifications related to the Updated Safety Analysis Report. of the amendment, finding of exigent containment leakage testing program Public comments requested as to circumstances, and final NSHC and the pre-stressed concrete proposed no significant hazards determination are contained in a Safety containment tendon surveillance consideration (NSHC): Yes (64 FR 71511 Evaluation dated January 13, 2000. program. dated December 21, 1999). The notice Attorney for Licensee: Nicholas S. Date of Issuance: January 18, 2000. provided an opportunity to submit Reynolds, Esquire, Winston and Strawn, Effective date: As of the date of comments on the Commission’s 1400 L Street, NW., Washington, DC issuance and shall be implemented proposed NSHC determination. No 20005–3502. within 30 days from the date of comments have been received. The issuance. notice also provided for an opportunity Entergy Operations, Inc., System Energy Amendment Nos.: Unit 1—310; Unit to request a hearing by January 20, 2000, Resources, Inc., South Mississippi 2—310; Unit 3—310. but indicated that if the Commission Electric Power Association, and Entergy Facility Operating License Nos. DPR– made a final NSHC determination, any Mississippi, Inc.,Docket No. 50–416, 38, DPR–47, and DPR–55: Amendments such hearing would take place after Grand Gulf Nuclear Station, Unit 1, revised the Technical Specifications. issuance of the amendment. Claiborne County, Mississippi Date of initial notice in Federal The Commission’s related evaluation Date of application for amendment: Register: November 17, 1999 (64 FR of the amendment, finding of exigent July 20, 1998, as supplemented by letter 62707). circumstances, and final NSHC dated June 29, 1999. The Commission’s related evaluation determination are contained in a Safety of the amendments is contained in a Evaluation dated January 13, 2000. Brief description of amendment: The Safety Evaluation dated January 18, The Commission’s related evaluation amendment incorporates the Technical 2000. of the amendment is contained in a Specification changes necessary for No significant hazards consideration Safety Evaluation dated January 13, implementation of the Boiling Water comments received: No. 2000. Reactor Owners’ Group Reactor Stability Attorney for licensee: Mark Long-Term Solution, Enhanced Option Entergy Gulf States, Inc., and Entergy 1–A. Operations, Inc., Docket No. 50–458, Wetterhahn, Esq., Winston & Strawn, River Bend Station, Unit 1, West 1400 L Street, NW., Washington, DC Date of issuance: January 19, 2000. Feliciana Parish, Louisiana 20005. Effective date: As of the date of Date of amendment request: Entergy Operations, Inc., Docket No. 50– issuance and shall be implemented December 16, 1999. 313, Arkansas Nuclear One, Unit No. 1, within 120 days of issuance. Brief description of amendment: The Pope County, Arkansas Amendment No: 141. license amendment revises the River Date of amendment request: Facility Operating License No. NPF– Bend Station Technical Requirements December 16, 1999 29: Amendment revises the Technical Manual, Section TR 3.9.14, and adds a Brief description of amendment: The Specifications. temporary exception to the current proposed change would amend Date of initial notice in Federal prohibition for travel of loads in excess Technical Specification 4.18.5.b to Register: August 25, 1999 (64 FR of 1200 pounds over fuel assemblies in allow tube 110/60 to remain in service 46432). the spent fuel storage pool. The through the current operating cycle exception allows the licensee to move (cycle 16) with two axial indications The Commission’s related evaluation the spent fuel pool (SFP) watertight that have potential through-wall depths of the amendment is contained in a gates, which separate the SFP from the greater than the plugging limit. The Safety Evaluation dated January 19, cask and lower transfer pools, in order axial indications are located in the roll 2000. to perform repairs on the gates and transition region and are contained No significant hazards consideration watertight seals prior to the end of within the upper tubesheet. comments received: No.

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Indiana Michigan Power Company, The Commission’s related evaluation Date of initial notice in Federal Docket Nos. 50–315 and 50–316, Donald of the amendments is contained in a Register: September 22, 1999 (64 FR C. Cook Nuclear Plant, Units 1 and 2, Safety Evaluation dated January 12, 51349). Berrien County, Michigan 2000. The Commission’s related evaluation No significant hazards consideration Date of application for amendments: of the amendments is contained in a comments received: No. October 12, 1999. Safety Evaluation dated January 24, Brief description of amendments: The Power Authority of the State of New 2000. amendments would revise the Technical York, Docket No. 50–333, James A. No significant hazards consideration Specifications (TSs) Surveillance FitzPatrick Nuclear Power Plant, comments received: No. Requirement 4.6.2.2.d for the spray Oswego County, New York Rochester Gas and Electric Corporation, additive system to relocate the details Date of application for amendment: Docket No. 50–244, R. E. Ginna Nuclear associated with the acceptance criteria September 29, 1999, as supplemented Power Plant, Wayne County, New York and test parameters to the associated December 7, 1999. Date of application for amendment: TSs Bases. Additionally, certain Brief description of amendment: This June 28, 1999. administrative text format changes were amendment revises the Technical Brief description of amendment: The made. Specifications to allow, on a one-time amendment revises the Ginna Station Date of issuance: January 19, 2000. basis only, the Power Authority of the Improved Technical Specifications Effective date: As of the date of State of New York to extend the allowed associated with the Reactor Coolant issuance and shall be implemented out-of-service time for the Residual Heat System Leakage Detection within 30 days. Removal Service Water (RHRSW) Instrumentation. Amendment Nos.: 240 and 221. System from 7 days to 11 days. This Date of issuance: January 19, 2000. Facility Operating License Nos. DPR– amendment is only applicable during Effective date: January 19, 2000. 58 and DPR–74: Amendments revised installation of Modification 99–095 to Amendment No.: 76. the Technical Specifications. the ‘‘A’’ RHRSW Strainer. Facility Operating License No. DPR– Date of initial notice in Federal Date of issuance: January 28, 2000. 18: Amendment revised the Technical Register: November 3, 1999 (64 FR Effective date: As of the date of Specifications. 59804). issuance to be implemented within 30 Date of initial notice in Federal The Commission’s related evaluation days. Register: August 11, 1999 (64 FR 43778) of the amendments is contained in a Amendment No.: 259. The Commission’s related evaluation Facility Operating License No. DPR– Safety Evaluation dated January 19, of the amendment is contained in a 59: Amendment revised the Technical 2000. Safety Evaluation dated January 19, No significant hazards consideration Specifications. Date of initial notice in Federal 2000. comments received: No. No significant hazards consideration Register: October 20, 1999 (64 FR comments received: No. Pacific Gas and Electric Company, 56532). Docket Nos. 50–275 and 50–323, Diablo The December 7, 1999, letter provided Southern Nuclear Operating Company, Canyon Nuclear Power Plant, Unit Nos. clarifying information that did not Inc., et al., Docket Nos. 50–424 and 50– 1 and 2, San Luis Obispo County, change the initial proposed no 425, Vogtle Electric Generating Plant, California significant hazards consideration. Units 1 and 2, Burke County, Georgia Date of application for amendments: The Commission’s related evaluation of the amendment is contained in a Date of application for amendments: September 11, 1998, as supplemented April 19, 1999, as supplemented by by letters dated January 14, and August Safety Evaluation dated January 28, 2000. letter dated November 1, 1999. 5, 1999. Brief description of amendments: The Brief description of amendments: The No significant hazards consideration comments received: No. amendments revised the Technical amendments revise the combined Specifications Surveillance Technical Specifications (TS) for the Public Service Electric & Gas Company, Requirement (SR) 3.3.5.2 and associated Diablo Canyon Power Plant, Unit Nos. 1 Docket Nos. 50–272 and 50–311, Salem Bases to allow the loss of voltage and and 2 to revise TS 6.8.4f., ‘‘Containment Nuclear Generating Station, Unit Nos. 1 degraded voltage trip setpoints to be Polar and Turbine Building Cranes,’’ to and 2, Salem County, New Jersey treated as ‘‘nominal’’ values. control the operation of the containment Date of application for amendments: Date of issuance: January 19, 2000 polar cranes in jet impingement zones August 25, 1999. Effective date: As of the date of during Modes 1, 2, 3, and 4. Brief description of amendments: The issuance and shall be implemented Date of issuance: January 12, 2000. amendments authorize the licensee to within 30 days from the date of Effective date: January 12, 2000. perform single-cell charging of operable issuance. Amendment Nos.: Unit 1–137; Unit safety-related batteries by using non- Amendment Nos.: 111—Unit 1; 89— 2–137. Class 1E single-cell battery chargers, Unit 2. Facility Operating License Nos. DPR– with proper electrical isolation. The Facility Operating License Nos. NPF– 80 and DPR–82: The amendments single-cell chargers would be used to 68 and NPF–81: Amendments revised revised the Technical Specifications. restore individual cell float voltage to the Technical Specifications. Date of initial notice in Federal the normal TS limit. Date of initial notice in Federal Register: April 21, 1999 (64 FR 19561). Date of issuance: January 24, 2000. Register: December 1, 1999 (64 FR The August 5, 1999, supplemental Effective date: As of the date of 67340). letter provided additional clarifying issuance, and shall be implemented The Commission’s related evaluation information, did not expand the scope within 60 days. of the amendments is contained in a of the application as originally noticed, Amendment Nos.: 226 and 207. Safety Evaluation dated January 19, and did not change the staff’s original Facility Operating License Nos. DPR– 2000. proposed no significant hazards 70 and DPR–75.: Amendments revised No significant hazards consideration consideration determination. the licenses. comments received: No.

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6417

STP Nuclear Operating Company, Register notice and did not change the Form F–8, SEC File No. 270–332, OMB Docket Nos. 50–498 and 50–499, South staff’s initial proposed no significant Control No. 3235–0378 Texas Project, Units 1 and 2, Matagorda hazards consideration determination. Form F–X, SEC File No. 270–336, OMB County, Texas The Commission’s related evaluation Control No. 3235–0379 of the amendments is contained in a Form 10–SB, SEC File No. 270–367 OMB Date of amendment request: Control No. 3235–0419 Safety Evaluation dated January 14, September 8, 1999, as supplemented Form DF, SEC File No. 270–430, OMB 2000. Control No. 3235–0482 November 9, 1999. No significant hazards consideration Brief description of amendments: The Form T–1, SEC File No. 270–121, OMB comments received: No Control No. 3235–0110 amendments revised Technical Form T–2, SEC File No. 270–122, OMB Specification 3/4.8.1, ‘‘A.C. Sources, Vermont Yankee Nuclear Power Control No. 3235–0111 Operating,’’ and associated Bases, by Corporation, Docket No. 50–271, Form T–3, SEC File No. 270–123, OMB deleting the 18-month surveillance to Vermont Yankee Nuclear Power Station, Control No. 3235–0105 subject the standby diesel generator to Vernon, Vermont Form T–4, SEC File No. 270–124, OMB inspections in accordance with Date of application for amendment: Control No. 3235–0107 procedures prepared in conjunction October 21, 1999. Schedule 13E–4F, SEC File No. 270–340, with its manufacturer’s Brief description of amendment: The OMB Control No. 3235–0375 Schedule 14D–1F, SEC File No. 270–338, recommendations. The surveillance amendment corrects two textual errors OMB Control No. 3235–0376 requirements have been relocated to the and changes the designation of a Schedule 14D–9F, SEC File No. 270–339, Technical Requirements Manual. referenced figure. OMB Control No. 3235–0382 Date of issuance: January 14, 2000. Date of Issuance: January 11, 2000. Rule 14f–1, SEC File No. 270–127, OMB Effective date: January 14, 2000, to be Effective date: As of the date of Control No. 3235–0108 implemented within 30 days. issuance, and shall be implemented Rule 12d1–3, SEC File No. 270–116, OMB Amendment Nos.: Unit 1—121 ; Unit within 60 days. Control No. 3235–0109 2—109 Amendment No.: 183. Notice is hereby given that pursuant Facility Operating License Nos. NPF– Facility Operating License No. DPR– to the Paperwork Reduction Act of 1995 76 and NPF–80: The amendments 28: Amendment revised the Technical (44 U.S.C. 3501 et seq.) the Securities revised the Technical Specifications. Specifications. and Exchange Commission Date of initial notice in Federal Date of initial notice in Federal (Commission) is soliciting comments on Register: December 1, 1999 (64 FR Register: November 17, 1999 (64 FR the collections of information 67341). 62717). summarized below. The Commission The Commission’s related evaluation The Commission’s related evaluation plans to submit these existing of this amendment is contained in a of the amendments is contained in a collections of information to the Office Safety Evaluation dated January 11, Safety Evaluation dated January 14, of Management and Budget for 2000. 2000. For the Nuclear Regulatory Commission. approval. No significant hazards consideration Form S–2 is used for registration of comments received: No. No significant hazards consideration securities of certain issuers. The Form STP Nuclear Operating Company, comments received: No. S–2 provides investors with the Docket Nos. 50–498 and 50–499, South necessary information to make Dated at Rockville, Maryland, this 2nd day investment decisions regarding Texas Project, Units 1 and 2, Matagorda of February 2000. County, Texas securities offered to the public. The For the Nulcear Regulatory Commission. likely respondents will be public Date of amendment request: John A. Zwolinski, companies. The information collected September 8, 1999, as supplemented by Director, Division of Licensing Project must be filed with the Commission. All letter dated November 9, 1999. Management, Office of Nuclear Reactor information is provided to the public Brief description of amendments: The Regulation. upon request. Form S–2 takes 470 amendments revised Technical [FR Doc. 00–2835 Filed 2–8–00; 8:45 am] burden hours to prepare and is filed by Specification (TS) 3/4.8.1, ‘‘A.C. BILLING CODE 7590±01±P 101 respondents for a total of 47,470 Sources, Operating,’’ and associated burden hours. Bases, by eliminating the requirement Form F–1 is a registration statement of for accelerated testing of the standby SECURITIES AND EXCHANGE securities of certain foreign private diesel generators and the associated COMMISSION issuers. Form F–1 provides the public reporting requirements. The TS Index with the necessary information to make was also revised to reflect these Proposed Collections; Comment informed investment decisions changes. Request regarding securities offered to the public Date of issuance: January 14, 1999. Upon Written Request; Copies Available by foreign private issuers. The Effective date: January 14, 1999. From: Securities and Exchange Commission, information provided on Form F–1 is Amendment Nos.: Unit 1—122 ; Unit Office of Filings and Information Services, mandatory. All information on Form F– 2—110. Washington, DC 20549. 1 is reported to the public upon request. Facility Operating License Nos. NPF– Extension: Form F–1 takes approximately 1,868 76 and NPF–80: The amendments Form S–2, SEC File No. 270–60, OMB burden hours to prepare and is filed by revised the Technical Specifications. Control No. 3235–0072 170 respondents. It is estimated that Date of initial notice in Federal Form F–1, SEC File No. 270–249, OMB 25% of the 317,560 total burden hours Register: November 3, 1999 (64 FR Control No. 3235–0258 (79,390 hours) would be prepared by the 59806). Form F–2, SEC File No. 270–250, OMB Control No. 3235–0257 company. The November 9, 1999, supplement Form F–3, SEC File No. 270–251, OMB Form F–2 is a registration statement of provided additional clarifying Control No. 3235–0256 securities of certain foreign private information that was within the scope of Form F–7, SEC File No. 270–331, OMB issuers. Form F–2 provides the public the original application and Federal Control No. 3235–0383 with the necessary information to make

VerDate 272000 17:32 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6418 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices informed investment decisions 25% of the 258 total burden hours (64.5 Schedule 13E–4F may used by any regarding securities offered to the public hours) would be prepared by the issuer incorporated or organized under by foreign private issuers. The company. the laws of Canada making a tender information provided on Form F–2 is Form 10–SB is used to register classes offer for the issuer’s own securities, mandatory. All information on Form F– of securities pursuant to Section 12 of where less than 20% of the class of such 2 is provided by the public upon the Exchange Act to provide material issuer’s securities that is the subject of request. Form F–2 takes approximately information necessary for informed the tender offer is held of record by U.S. 559 hours to prepare and is filed by 5 investment decisions. The information residents. The information required by respondents. It is estimated that 25% of provided on Form 10–SB is mandatory. Schedule 13E–4F must be filed with the 2,795 total burden hours (699 hours) All information on Form 10–SB is Commission. All information is would be prepared by the company. provided to the public upon request. provided to the public upon request. Form F–3 is a registration statement of Form 10–SB takes 23 burden hours to Schedule 13E–4F takes 2 burden hours securities of certain foreign issuers prepare and is filed by 162 respondents. to prepare and is filed by 3 respondents offered pursuant to certain types of It is estimated that 25% of the 3,726 for a total of 6 burden hours. transaction. Form F–3 provides the total burden hours (932 hours) would be Schedule 14D–1F may be used by any public with the necessary information to prepared by the company. person making a cash tender or make informed investment decisions Form DF is used to allow registrants exchange offer for securities of any regarding securities offered to the public to identify a filing that was filed late issuer incorporated or organized under by foreign private issuers. The because of electronic filing difficulties the laws of Canada that is a foreign information provided on Form F–3 is in order to preserve the timeliness of the private issuer, where less than 40% of mandatory. All information on Form F– filing. This form is required by all the outstanding class of such issuer’s 3 is mandatory. All information on issuers who are required to file on securities that is the subject of the offer Form F–3 is provided on the public EDGAR. In addition, Form DF is is held by U.S. holders. The information upon request. Form F–3 takes required to be filed on occasion. All required by Schedule 14D–1F must be approximately 166 burden hours to information provided on Form DF is filed with the Commission. All prepare and is filed by 150 respondents. provided to the public upon request. information is provided to the public It is estimated that 25% of the 24,900 Form DF takes 12 minutes to prepare upon request. Schedule 14D–1F takes 2 total burden hours (6,225 hours) would and is filed by 500 respondents for a burden hours to prepare and is filed by be prepared by the company. total of 100 burden hours. 5 respondents for a total of 10 burden Form F–7 is a registration statement of Form T–1 is a statement of eligibility hours. securities of certain Canadian issuers and qualification for corporate trustee Schedule 14D–9F is used by any offered for cash upon the exercise of under the Trust Indenture Act. Form T– issuer incorporated or organized under rights granted to existing 1 is filed on occasion. The information the laws of Canada, or by any director securityholders. Form F–7 provides the required by Form T–1 is mandatory. All or officer of such issuer, where the public with the necessary information to information is provided to the public issuer is the subject of a tender offer for make informed investment decisions upon request. Form T–1 takes 15 burden a class of its securities filed on Schedule regarding securities offered to the hours to prepare and is filed by 180 14D–1F. The information required by public. The information provided on respondents for a total of 2,700 burden Schedule 14D–9F must be file with the Form F–7 is mandatory. All information hours. Commission. All information is is provided to the public upon request. Form T–2 is a statement of eligibility provided to the public upon request. It takes approximately 1 burden hour to under the Trust Indenture Act of an Schedule 14D–1F takes 2 burden hours prepare and is filed by 5 respondents. individual designated to act as trustee. to prepare and is filed by 5 respondents Form F–8 is a registration statement of The information required by Form T–2 for a total of 10 burden hours. securities of certain Canadian issuers to is mandatory. All information is Rule 14f–1 requires issuers to disclose be issued in exchange offers or a provided to the public upon request. a change in a majority of issuer business combination. Form F–8 Form T–2 takes 9 burden hours to directors. The information filed under provides the public with the necessary prepare and is filed by 36 respondents Rule 14f–1 must be filed with the information to make informed for a total of 324 burden hours. Commission. All information submitted investment decisions. The information Form T–3 is used as an application for is provided to the public upon request. provided on Form F–8 is mandatory. All qualification of indentures pursuant to It takes 18 burden hours to prepare the information on Form F–8 is provided on the Trust Indenture Act, but only when necessary information and is filed by 44 the public upon request. Form F–8 takes securities to be issued thereunder are respondents for a total of 792 burden one burden hour to prepare and is filed not required to be registered under the hours. by 16 respondents. It is estimated that Securities Act of 1933. The information Rule 12d1–3 requires a certification 25% of the 16 total burden hours (4 required by Form T–3 is mandatory. All that a security has been approved by an hours) would be prepared by the information is provided to the public exchange for listing and registration company. upon request. T–3 takes 43 burden pursuant to section 12(d) of the Form F–X is used to appoint an agent hours to prepare and is filed by 55 Exchange Act to be filed with the for service of process by Canadian respondents for a total of 2,365 burden Commission. The information required issuers registering securities on Form F– hours. under Rule 12d1–3 must be filed with 7, F–8, F–9 or F–10 or filing periodic Form T–4 is used to apply for an the Commission. All information filed reports on Form 40–F under the exemption from certain provisions of with the Commission is available to the Exchange Act of 1934 (Exchange Act). the Trust Indenture Act. The public upon request. It takes one-half The information required on Form F–X information required by Form T–4 is hour to prepare the necessary provides investors with the necessary mandatory. All information is provided information and is filed by 688 information when considering investing to the public upon request upon request. respondents for a total of 344 burden in Canadian companies. Form F–X takes Form T–4 takes 5 burden hours to hours. 2 burden hours to prepare and is filed prepare and is filed by 3 respondents for Written comments are invited on: (a) by 129 respondents. It is estimated that a total of 15 burden hours. Whether the proposed collection of

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6419 information is necessary for the who so requests will be notified of any September 30, 1999, SIGECO had performance of the functions of the hearing, if ordered, and will receive a operating revenues of $185,683,040 and agency, including whether the copy of any notice or order issued in the net income of $38,264,322. information will have practical utility; matter. After February 24, 2000, the SIGECO owns approximately 33% of (b) the accuracy of the agency’s estimate application(s) and/or declaration(s), as the outstanding common stock of of the burden of the collection of filed or as amended, may be granted Community Natural Gas Company, Inc. information; (c) ways to enhance the and/or permitted to become effective. (‘‘Community’’), a small Indiana gas distribution company. Community has quality, utility, and clarity of the Vectren Corporation, 70–9585 information collected; and (d) ways to several service territories in minimize the burden of the collection of Vectren Corporation (‘‘Vectren’’), an southwestern Indiana that are adjacent information on respondents, including Indiana Corporation, 20 N.W. Fourth to or near the gas service territory of through the use of automated collection Street, Evansville, Indiana 47741, has SIGECO. Community has 6,638 natural techniques or other forms of information filed an application under sections gas customers and approximately 470 technology. Consideration will be given 9(a)(2) and 10 of the Act. miles of distribution mains. to comments and suggestions submitted Under the Agreement and Plan of The non-utility subsidiaries of in writing within 60 days of this Merger, dated as of June 11, 1999 SIGCORP include: (1) Southern Indiana publication. (‘‘Merger Agreement’’), Vectren will Properties, Inc., which invests in real Please direct your written comment to acquire all of the issued and outstanding estate and equipment; (2) Energy Michael E. Bartell, Associate Executive common stock of SIGCORP, Inc. and Systems Group, Inc., which is a partner Director, Office of Information Indiana Energy, Inc., both Indiana in an energy-related performance Technology, Securities and Exchange corporations and public-utility holding contracting firm; (3) Southern Indiana Commission, 450 Fifth Street, NW, companies exempt under section 3(a)(1) Minerals, Inc., which processes and Washington, DC 20549. by rule 2 from all provisions of the Act market coal combustion by-products; (4) except section 9(a)(2) (‘‘Transaction’’ or SIGCORP Energy Services., Inc., which Dated: January 24, 2000. ‘‘Merger’’) 1. Upon completion of the Margaret H. McFarland, is an energy marketer; (5) SIGCORP proposed Transaction, SIGCORP and Capital, Inc., which is the financing Deputy Secretary. Indiana Energy will be merged with and vehicle for SIGCORP’s non-regulated [FR Doc. 00–2877 Filed 2–8–00; 8:45 am] into Vectren and Vectren will be the subsidiaries; (6) SIGCORP Fuels, Inc., BILLING CODE 8010±01±M sole surviving corporation. Following which owns and operates coal mining the consummation of the Merger, properties; (7) SIGCORP Power Vectren will become a holding company Marketing, Inc., which is not currently SECURITIES AND EXCHANGE and claim an exemption from all COMMISSION active; (8) SIGCORP Communications provisions of the Act under rule 2. Services., Inc., which was formed to [Release No. 35±27129] Each share of SIGCORP common undertake communication-related stock shall be converted into 1.333 initiatives; (9) SIGECO Advanced Filings Under the Public Utility Holding shares of Vectren Common stock. Each Communication, Inc., which holds Company Act of 1935, as Amended share of Indiana Energy common stock SIGCORP’s investment in several (``Act'') shall be converted into one share of communications partnerships; and (10) Vectren common stock. No fractional February 2, 2000. SIGCORP Environmental Services, Inc., shares will be issued. Instead, each which holds SIGCORP’s investment in Notice is hereby given that the holder of SIGCORP common stock who following filing(s) has/have been made Air Quality Services. would otherwise receive a fractional Indiana Energy is a holding company with the Commission pursuant to share of Vectren common stock will provisions of the Act and rules that owns one public-utility subsidiary, receive cash in payment for that Indiana Gas Company, Inc. (‘‘Indiana promulgated under the Act. All fractional share based on the prevailing interested persons are referred to the Gas’’), and three non-utility price on the New York Stock Exchange. subsidiaries. Indiana Gas is engaged in applications(s) and/or declaration(s) for SIGCORP is a holding company the business of providing gas utility complete statements of the proposed located in Evansville, Indiana and owns service in the State in Indiana. In 1999, transactions(s) summarized below. The one public-utility subsidiary, Southern Indiana Gas supplied gas to application(s) and/or declarations(s) and Indiana Gas and Electric Company approximately 500,000 consumers in 48 any amendments is/are available for (‘‘SIGECO’’) and ten non-utility of the 92 counties in Indiana.3 For the public inspection through the subsidiaries. SIGECO is located in Commission’s Branch of Public Evansville, Indiana and is engaged in for the sale of firm peaking power during the annual Reference. the generation, transmission, winter heating season. SIGECO is interconnected Interested persons wishing to distribution and sale of electricity and with Louisville Gas and Electric. Co., Cinergy comment or request a hearing on the the distribution and sale of natural gas Services, Inc., Indianapolis Power & Light Co., applications(s) and/or declaration(s) Hoosier Energy, Big Rivers Electric Corporation, in a service area covering ten counties Wabash Valley Power Association and the City of should submit their views in writing by in southwestern Indian. As of Jasper. February 24, 2000, to the Secretary, September 30, 1999 SIGECO served SIGECO’s gas transmission system includes 359 Securities and Exchange Commission, 125,546 retail electric customers and miles of transmission mains, and the gas Washington, DC 20549–0609, and serve supplied natural gas to 107,268 distribution system includes 2,520 miles of distribution mains. SIGECO currently purchases a copy on the relevant applicant(s) and/ 2 customers. For the nine months ended nearly 100% of its supply gas requirements from or declarant(s) at the address(es) the Gulf Coast production basin, particularly in the specified below. Proof of service (by 1 Vectren proposes to account for the Merger on on-shore and off-shore Texas and Louisiana affidavit or, in case of an attorney at a ‘‘pooling-of-interests’’ basis under generally producing regions. law, by certificate) should be filed with accepted accounting principles. 3 Indiana Gas owns 10,948 miles of distribution 2 SIGECO is a party to an interconnection mains. Indiana Gas purchases 50% of its total the request. Any request for hearing agreement under which it provides firm power to system gas supply requirements from the Gulf Coast should identify specifically the issues of the City of Jasper, Indiana. It also has an agreement production basin and approximately 48% from facts or law that are disputed. A person with Hoosier Energy Rural Electric Cooperative, Inc. Continued

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 6420 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices nine months ended September 30, 1999, Investment Company Act of 1940 Commission’s Secretary and serving Indiana Gas had operating revenues of (‘‘Act’’) for an exemption from sections applicants with a copy of the request, approximately $419,061,000 and net 12(d)(1)(A) and (B) of the Act, under personally or by mail. Hearing requests income of approximately $31,377,000. sections 6(c) and 17(b) of the Act for an should be received by the Commission Indiana Gas is also a holding exemption from section 17(a) of the Act by 5:30 p.m. on February 28, 2000, and company because it owns all of the and under section 17(d) of the Act and should be accompanied by proof of voting securities of Richmond Gas rule 17d–1 under the Act to permit service on applicants, in the form of an Corporation (‘‘Richmond Gas’’) and certain joint transactions. affidavit or, for lawyers, a certificate of Terre Haute Gas Corporation (‘Terre service. Hearing requests should state Haute’’), both public-utility companies. SUMMARY OF APPLICATION: Applicants the nature of the writer’s interest, the While Richmond Gas and Terre Haute request an order to permit certain reason for the request, and the issues technically exist as separate corporate registered management investment contested. Persons who wish to be entities, in accordance with an order companies and certain entities that are notified of a hearing may request issued by the Indiana Utility Regulatory excluded from the definition of notification by writing to the Commission (‘‘IURC’’), Indiana Gas, investment company by section 3(c)(1), Commission’s Secretary. 3(c)(7) or 3(c)(11) of the Act to invest Richmond Gas and Terre Haute have ADDRESSES: Secretary, Commission, 450 uninvested cash in (a) affiliated money combined their operations for all Fifth Street, NW, Washington, DC market funds and/or short-term bond purposes and are transacting business 20549–0609. Applicants, c/o Philip H. funds or (b) one or more affiliated under the name of ‘‘Indiana Gas Newsman, Esq., Goodwill, Proctor & Oar entities that operate as cash Company, Inc.’’ 4 LPL, Exchange Place, Boston, MA management investment vehicles and The non-utility subsidiaries of 02109. Indiana Energy include: (1) IEI Services, that are excluded from the definition of FOR FURTHER INFORMATION CONTACT: LLC, which provides support services to investment company by section 3(c)(1) or 3(c)(7) of the Act. Lawrence W. Pisto, Senior Counsel, at Indiana Energy and its subsidiaries; (2) (202) 942–0527, or George J. Zornada, APPLICANTS: Scudder Global Fund, Inc., IEI Capital Corp., which was formed to Branch Chief, at (202) 942–0564, Office Scudder International Fund, Scudder carry out the financing activities of of Investment Company Regulation, New Asia Fund, Inc., Scudder Global Indiana Energy; and (3) IEI Investments, Division of Investment Management. Inc., which was formed to separate the High Income Fund, Inc., The Argentina SUPPLEMENTARY INFORMATION: The non-regulated businesses and Fund, Inc., The Brazil Fund, Inc., The following is a summary of the investments of Indiana Energy. Korea Fund, Inc., The Japan Fund, Inc., Vectren states that the merger will Scudder California Tax Free Trust, application. The complete application create a company that is better Scudder Cash Investment Trust, may be obtained for a fee at the Commission’s Public Reference Branch, positioned to compete in the energy Scudder Fund, Inc., Scudder Funds 450 Fifth Street, NW, Washington, DC industry and expects the long-term Trust, Scudder GNOME Fund, Scudder 20549–0102 (tel. (202) 942–8090). value to shareholders to be enhanced Investment Trust, Scudder Municipal while providing customers with reliable Trust, Scudder Mutual Funds, Inc., Applicants’ Representations service at more stable and competitive Scudder Pathway Series, Scudder 1. Each Investment Company is prices. Portfolio Trust, Scudder Securities organized as a Massachusetts business Trust, Scudder State Tax Free Trust, For the Commission by the Division of trust or a Maryland corporation and is Investment Management, under delegated Scudder Tax Free Money Fund, Scudder registered under the Act as a authority. Tax Free Trust, Scudder US Treasury management investment company.1 Margaret H. McFarland, Money Fund, Scudder Variable Life SCMIT is a New Hampshire investment Deputy Secretary. Investment Fund, CARP Growth Trust, trust that is relying on section 3(c)(1) of CARP Income Trust, CARP Managed [FR Doc. 00–2878 Filed 2–8–00; 8:45 am] the Act. STC, a New Hampshire banking Investment Portfolios Trust, CARP Tax BILLING CODE 8010±01±M corporation, is the trustee of SCMIT and Free Income Trust, CARP Cash is controlled by SKI. SKI is registered Investment Funds, Kemper Equity under the Investment Advisers Act of SECURITIES AND EXCHANGE Trust, Kemper Global/International 1940 and serves as the investment COMMISSION Series, Inc., Kemper Securities Trust, adviser to the Funds (SKI and all Kemper Europe Fund, Investor Fund entities controlling, controlled by, or [Investment Company Act Release No. Series (collectively, the ‘‘Investment 24276; 812±11458] under common control with SKI, Companies’’), Scudder Cash collectively, ‘‘SKI’’).2 Scudder Global Fund, Inc., et al.; Management Investment Trust Notice of Application (‘‘SCMIT’’) (together with the 1 The following Investment companies are Investment Companies, the ‘‘Funds’’), registered under the act as closed-end companies: February 3, 2000. Scudder Trust Company (‘‘STC’’), and The Argentina Fund, Inc.; The Brazil Fund, Inc.; AGENCY: Scudder Kemper Investments, Inc. The Korea Fund, Inc.; Scudder Global High Income Securities and Exchange Fund, Inc.; and Scudder New Asia Fund, Inc. The Commission (‘‘Commission’’). (‘‘SKI’’). other Investment Companies are registered under ACTION: Notice of an application for an FILING DATES: The application was filed the Act as open-end companies. order under section 12(d)(1)(J) of the 2 Applicants also request relief for all other on January 8, 1999. Applicants have existing or future registered investment companies agreed to file an amendment during the and series thereof that are advised by SKI and all production in the Mid-continent basin. notice period, the substance of which is other trusts or other entities excluded from the Approximately 2% of Indiana Gas’s gas supplies are reflected in this notice. definition of ‘‘investment company’’ under section accessed through the Chicago market hub giving 3(c)(1), 3(c)(7) or 3(c)(11) of the Act now existing supply choice from the western Canadian Basin, HEARING OR NOTIFICATION OF HEARING: An or hereafter established for which SKI acts as Michigan production basin or the Mid-continent order granting the application will be trustee or investment adviser. All Funds that basin. currently intend to rely on the relief have been 4 Under the order of the IURC, accounting records issued unless the Commission orders a named as applicants, and any other existing or and financial reports are maintained and presented hearing. Interested persons may request future Fund that relies on the relief will comply on a consolidated basis. a hearing by writing to the with the terms and conditions of the application.

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2. Each Investment Company that is Fund’s investment policies and (B) were intended to address. not a money market fund (a ‘‘Registered restrictions as set forth in its registration Applicants state that each of the Participating Fund’’) has, or may be statement. Certain of the Registered Registered Central Funds will be expected to have, cash balances that Central Funds are or will be taxable or managed specifically to maintain a have not been invested in portfolio tax-exempt money market funds that highly liquid portfolio, and access to securities (‘‘Uninvested Cash’’). comply with rule 2a–7 under the Act. them will enhance each Participating Uninvested Cash may result from a The other Registered Central Funds are Fund’s ability to manage Uninvested variety of sources, including dividends or will be short-term bond funds that Cash. Applicants state that there will or interest received from portfolio invest in fixed-income securities and not be an inappropriate layering of fees securities, unsettled securities maintain a dollar weighted average because shares of the Registered Central transactions, reserves held for maturity of three years or less. The Funds sold to or redeemed by the investment strategy purposes, scheduled Private Central Funds will comply with Participating Funds will not be subject maturity of investments, liquidation of rule 2a–7 under the Act. to a sales charge load, redemption fee, asset-based distribution fee under a plan investment securities to meet Applicant’s Legal Analysis anticipated redemptions’s and dividend adopted in accordance with rule 12b–1 payments, and new cash received from I. Investment of Uninvested Cash by the under the Act, or a service fee. In investors. Currently, the Participating Participating Funds in the Central addition, if SKI collects a fee from Funds can invest Uninvested Cash Funds Registered Central Fund for acting as its investment adviser with respect to directly in money market instruments or A. Section 12(d)(1) other short-term debt obligations.3 assets invested by a Registered Applicants state that certain other 1. Section 12(d)(1)(A) of the Act Participating Fund, when approving an entities that are excluded from the provides that an investment company investment advisory contract under definition of investment company may not acquire securities of a section 15 of the Act, the Board of the pursuant to section 3(c)(1), 3(c)(7) or registered investment company if such Registered Participating Fund will 3(c)(11) of the Act for which SKI acts as securities represent more than 3% of the consider to what extent the advisory trustee or investment adviser (the acquired company’s outstanding voting fees paid by the Registered Participating ‘‘Private Participating Funds’’) also may stock, more than 5% of the acquiring Fund to SKI should be reduced to have uninvested cash. company’s total assets, or if such account for the reduced services securities, together with the securities of 3. Applicants request an order to provided to the Registered Participating other acquired investment companies, permit: (i) Registered Participating Fund as a result of Uninvested Cash represent more than 10% of the Funds and Private Participating Funds being invested in the Registered Central acquiring company’s assets. Section (collectively, ‘‘Participating Funds’’) to Fund. Each Registered Participating 12(d)(1)(B) provides that no registered use their Uninvested Cash to purchase Fund also will invest Uninvested Cash open-end investment company may sell shares of one or more of the Investment in Central Funds only to the extent that its securities to another investment Companies that are money market funds the Registered Participating Fund’s company if the sale will cause the or short-term bond funds (the aggregate investment in the Central acquiring company to own more than ‘‘Registered Central Funds’’) and shares Funds does not exceed 25% of its total 3% of the acquired company’s voting assets in shares of the Central Funds. of SCMIT or one or more future entities stock, or if the sale will cause more than for which SKI acts as trustee or Applicants also state that no Central 10% of the acquired company’s voting Fund will acquire securities of any investment adviser that operate as cash stock to be owned by investment management investment vehicles and investment company in excess of the companies. Any entity that is excluded limits of section 12(d)(1)(A). that are excluded from the definition of from the definition of investment investment company pursuant to company under section 3(c)(1) or 3(c)(7) B. Section 17(a) section 3(c)(1) or 3(c)(7) of the Act (the of the Act is deemed to be an 1. Sections 17(a)(1) and (2) of the Act ‘‘Private Central Funds’’) (the Registered investment company for the purposes of make it unlawful for any affiliated Central Funds and the Private Central the 3% limitations specified in section person of a registered investment Funds, collectively, the ‘‘Central 12(d)(1)(A) and (B) with respect to company, or an affiliated person of the 4 Funds’’); (ii) the Central Funds to sell purchases by and sales to such affiliated person, acting as principal, to their shares to and purchase (redeem) company. sell or purchase any security to or from such shares from the Participating 2. Section 12(d)(1)(J) of the Act the company. Section 2(a)(3) of the Act Funds; (iii) certain of the Participating provides that the Commission may defines an ‘‘affiliated person’’ of another Funds and Central Funds to engage in exempt any persons or transactions from person to include any person 5% or Interfund purchase and sale transactions any provision of section 12(d)(1) to the more of whose outstanding voting (‘‘Interfund Transactions’’); and (iv) SKI extent that the exemption is consistent securities are directly or indirectly to effect the above transactions. with the public interest and the owned, controlled, or held with power 4. The investment by each Registered protection of investors. Applicants to vote by the other person; any person Participating Fund in shares of the request an order under section directly or indirectly controlling, Central Funds will be in accordance 12(d)(1)(J) of the Act to permit the controlled by, or under common control with that Registered Participating Participating Funds to purchase shares with the other person; and, in the case of the Registered Central Funds in of an investment company, its 3 Certain of the applicants also have received an excess of the limits of section investment adviser. order under section 17(d) and rule 17d–1 under the Act which permits them to establish one or more 12(d)(1)(A) and the Registered Central 2. Because SKI serves as, or will serve joint trading accounts for purposes of engaging in Funds to sell their shares to the as, each Fund’s investment adviser or joint repurchase agreement transactions. Scudder Participating Funds in excess of the trustee exercising investment discretion, Global Fund, Inc. et al., Investment Company Act limits of section 12(d)(1)(B). the Funds may be deemed to be under Release Nos. 10828 (October 7, 1998) (order) and 23525 (November 5, 1998) (order). 3. Applicants maintain that the common control and therefore affiliated 4 SCMIT is the only currently existing Non- proposed arrangement will not result in persons, or affiliated persons of an Registered Central Fund. the abuses that sections 12(d)(1)(A) and affiliated person, of each other. In

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In addition, if a provisions of the Act relating to Registered Participating Funds and Participating Fund purchases more than prohibitions on affiliated transactions, Private Central Funds and between 5% of the voting securities of a Central leveraging, the issuance of senior Private Participating Funds and Fund, the Participating and Central securities, and rights of redemption. Registered Central Funds. Funds would be affiliated persons of 2. Applicants request an order under C. Section 17(d) and Rule 17d–1 each other. Accordingly, applicants sections 6(c) and 17(b) of the Act to state that the sale and redemption of 1. Section 17(d) of the Act and rule permit the Interfund Transactions. shares of the Central Funds by the 17d–1 under the Act generally prohibit Applicants state that the Funds will Registered Participating Funds may be an affiliated person of a registered comply with rule 17a–7 under the Act prohibited by section 17(a)(1) and (a)(2). investment company, acting as in all respects, other than the 3. Section 17(b) of the Act authorizes principal, from participating in or requirement that the registered the Commission to exempt a transaction effecting any transaction in connection investment company and the affiliated from section 17(a) of the Act if the terms with any joint enterprise or joint person thereof (or the affiliated person of the proposed transaction, including arrangement in which the investment of such person) be affiliated solely by the consideration to be paid or received, company participates unless the reason of having a common investment are reasonable and fair and do not Commission has approved the joint adviser or investment advisers which involve overreaching on the part of any arrangement by an order. Applicants are affiliated persons of each other, person concerned, and the proposed state that the Participating Funds and common officers, and/or common transaction is consistent with the policy Central Funds, by participating in the directors, solely because a Participating of each investment company concerned proposed transactions, and SKI, by Fund and a Central Fund might become and the general purposes of the Act. effecting the proposed transactions, affiliated persons within the meaning of Section 6(c) of the Act authorizes the could be deemed to be participants in a section 2(a)(3)(A) and (B) of the Act. Commission to exempt persons or joint enterprise for the purposes of Applicants state that the additional transactions, or classes of persons or section 17(d) of the Act and rule 17d– affiliation does not effect the other transactions, from the provisions of the 1 under the Act. protections provided by rule 17a–7, Act to the extent that such exemptions 2. In passing on applications for including the integrity of the pricing are appropriate in the public interest orders under section 17(d), rule 17d–1 mechanism employed and oversight by and consistent with the protection of requires that the Commission consider each Fund’s Board. investors and the purposes fairly whether an investment company’s Applicants’ Conditions intended by the policies and provisions participation in a joint enterprise or of the Act. joint arrangement is consistent with the Applicants agree that the order 4. Applicants request an order under provisions, policies, and purposes of the granting the requested relief will be sections 6(c) and 17(b) of the Act to Act, and the extent to which such subject to the following conditions: permit the Registered Participating participation is on a basis different from 1. The shares of the Central Funds Funds to purchase and redeem shares of or less advantageous than that of other sold to and redeemed from the the Central Funds. Applicants state that participants. Applicants state that, for Participating Funds will not be subject the proposed transactions satisfy the the reasons discussed above, the to a sales load, redemption fee, asset- standards of sections 6(c) and 17(b) of proposed transactions meet the based distribution fee under a plan the Act. Applicants state that the standards for an order under rule 17d– adopted in accordance with rule 12b–1 consideration paid and received on the 1. under the Act or service fee (as defined sale and redemption of shares of the in Section 2830(b)(9) of the Conduct II. Interfund Transactions Central Funds will be based on the net Rules of the National Association of asset value per share of the Central 1. Applicants state that they currently Securities Dealers, Inc.). Funds. Applicants also state that the rely on rule 17a–7 under the Act to 2. If SKI collects a fee from a Central Participating Funds will retain their conduct Interfund Transactions. Rule Fund for acting as its investment adviser ability to invest their Uninvested Cash 17a–7 under the Act excepts from the with respect to assets invested by a directly in money market instruments prohibitions of section 17(a) the Registered Participating Fund, before and other short term obligations if they purchase or sale of certain securities the next meeting of the Board of the believe they can obtain a higher rate of between registered investment Registered Participating Fund that return or for any other reason. Each of companies which are affiliated persons, invests in the Central Funds is held for the Central Funds also reserves the right or affiliated persons of affiliated the purpose of voting on an advisory to discontinue selling shares to any of persons, of each other or between a contract pursuant to section 15 of the the Participating Funds if the Central registered investment company and a Act, SKI will provide the Board with Fund’s Board determines that the sales person which is an affiliated person of specific information regarding the would adversely affect the Central such company (or an affiliated person of approximate cost to SKI for, or portion Fund’s management and operations. In such person) solely by reason of having of the advisory fee under the existing addition, applicants state that the a common investment adviser, common advisory fee attributable to, managing investment of assets of the Registered officers, and/or common directors. the assets of the Registered Participating Participating Funds in shares of the Applicants state that the Participating Fund that can be expected to be Central Funds, and the issuance of Funds may become affiliated persons of invested in the Central Fund. Before shares of the Central Funds, will be the Central Funds by virtue of a approving any advisory contract effected in accordance with each Participating Fund owning 5% or more pursuant to section 15 of the Act, the Registered Participating Fund’s of the outstanding voting securities of a Board of the Registered Participating investment guidelines and will be Central Fund. Thus, applicants state Fund, including a majority of the consistent with each Registered that certain Funds may not be able to directors or trustees who are not

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‘‘interested persons,’’ as defined in 8. Each Private Central Fund will SECURITIES AND EXCHANGE section 2(a)(19) of the Act, shall comply with rule 2a–7 under the Act. COMMISSION consider to what extent, if any, the With respect to such Private Central [Investment Company Act Release No. advisory fees charged to the Registered Fund, SKI will adopt and monitor the 24275; 812±11680] Participating Fund by SKI should be procedures described in rule 2a–7(c)(7) reduced to account for the reduced and will take such other actions as are Ark Funds, et al.; Notice of Application services provided to the Registered required to be taken under those Participating Fund by SKI as result of procedures. A Participating Fund may February 2, 2000. Uninvested Cash being invested in the only purchase shares of a Private AGENCY: Securities and Exchange Central Fund. The minute books of the Central Fund if SKI determines on an Commission (‘‘Commission’’). Registered Participating Fund will fully ongoing basis that the Fund is in ACTION: Notice of an application under record the Board’s consideration in compliance with rule 2a–7. SKI will section 17(b) of the Investment approving the advisory contract, preserve for a period not less than six Company Act of 1940 (the ‘‘Act’’) for an including the fees referred to above. years from the date of determination, exemption from section 17(a) of the Act. 3. Each of the Participating Funds will the first two years in an easily accessible SUMMARY OF THE APPLICATION: invest Uninvested Cash in, and hold place, a record of such determination Applicants request an order to permit a shares of, the Central Funds only to the and the basis upon which the extent that the Participating Fund’s pension plan to transfer its assets to determination was made. This record aggregate investment in the Central certain registered open-end management will be subject to examination by the Funds does not exceed 25% of the investment companies in exchange for Commission and its staff. Participating Fund’s total assets. For shares of the companies. purposes of this limitation, each 9. Each Participating Fund will APPLICANTS: ARK Funds, Allfirst Participating Fund or series thereof will purchase and redeem shares of any Financial Inc. Pension Plan (‘‘Allfirst be treated as a separate investment Private Central Fund as of the same time Plan’’), Allied Investment Advisers, Inc. company. and at the same price, and will receive (‘‘AIA’’), Allfirst Trust Company, N.A. 4. Investment in shares of the Central dividends and bear its proportionate (‘‘Allfirst Trust’’) and Allfirst Financial Funds will be in accordance with each share of expenses on the same basis, as Inc. Registered Participating Fund’s policies other shareholders of such Private FILING DATES: The application was filed as set forth in its prospectus and Central Fund. A separate account will on July 1, 1999. Applicants have agreed statement of additional information. be established in the shareholder to file an amendment to the application 5. Each Fund that may rely on the records of each Private Central Fund for during the notice period, the substance order shall be advised by SKI or will the account of each Participating Fund of which is reflected in this notice. have SKI as its trustee. that invests in such Private Central HEARING OR NOTIFICATION OF HEARING: An 6. No Central Fund shall acquire Fund. order granting the application will be securities of any other investment 10. To engage in Interfund issued unless the Commission orders a company in excess of the limits Transactions, the Funds will comply hearing. Interested persons may request contained in section 12(d)(1)(A) of the with rule 17a–7 under the Act in all a hearing by writing to the 1940 Act. respects other than the requirement that Commission’s Secretary and serving 7. The Private Central Funds will the parties to the transaction be applicants with a copy of the request, comply with the requirements of affiliated persons (or affiliated persons personally or by mail. Hearing requests sections 17(a), (d), and (e), and 18 of the of affiliated persons) of each other solely should be received by the Commission Act as if the Private Central Funds were by reason of having a common by 5:30 p.m. on February 24, 2000, and registered open-end investment investment adviser or investment should be accompanied by proof of companies. With respect to all advisers which are affiliated persons of service on applicants in the form of an redemption requests made by a each other, common officers, and/or affidavit or, for lawyers, a certificate of Participating Fund, the Private Central common directors solely because a service. Hearing requests should state Funds will comply with section 22(e) of Participating Fund and a Central Fund the nature of the writer’s interest, the the Act. SKI as sole trustee of each might become affiliated persons within reason for the request, and the issues Private Central Fund has or will adopt the meaning of section 2(a)(3)(A) and (B) contested. Persons who wish to be procedures designed to ensure that each of the Act. notified of a hearing may request Private Central Fund complies with notification by writing to the sections 17(a), (d), and (e), 18, and 22(e) 11. The net asset value per share with Commission’s Secretary. of the Act. SKI will also periodically respect to shares of a Private Central ADDRESSES: Secretary, Commission, 450 review and update as appropriate such Fund will be determined separately for Fifth Street, NW, Washington, DC procedures and maintain books and each Private Central Fund by dividing 20549–0609. Applicants, c/o Alan C. records describing the procedures, and the value of the assets belonging to that Porter, Esq., Piper Marbury Rudnick & maintain the records required by rules Private Central Fund, less the liabilities Wolfe LLP, 1200 Nineteenth Street, NW, 31a–1(b)(1), 31a–1(b)(2)(ii), and 31a– of that Private Central Fund, by the Washington, DC 20036–2412. 1(b)(9) under the Act. All books and number of shares outstanding with records required to be made pursuant to respect to that Private Central Fund. FOR FURTHER INFORMATION CONTACT: Emerson S. Davis, Sr., Senior Counsel, this condition will be maintained and For the Commission, by the Division of preserved for a period of not less than at (202) 942–0714, or George J. Zornada, Investment Management, under delegated Branch Chief, at (202) 942–0564 six years from the end of the fiscal year authority. in which any transaction occurred, the (Division of Investment Management, first two years in an easily accessible Margaret H. McFarland, Office of Investment Company place, and will be subject to Deputy Secretary. Regulation). examination by the Commission and its [FR Doc. 00–2965 Filed 2–8–00; 8:45 am] SUPPLEMENTARY INFORMATION: The staff. BILLING CODE 8010±01±M following is a summary of the

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 6424 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices application. The complete application Exchange. Applicants request relief to investment company makes certain may be obtained for a fee from the effect the Proposed Exchange. determinations. Applicants state that Commission’s Public Reference Branch, rule 17a–8 is not available for the Applicants’ Legal Analysis 450 Fifth Street, NW, Washington, DC Proposed Exchange because Allfirst is 20549–0102 (telephone (202) 942–8090). 1. Section 17(a) of the Act, in relevant not transferring ‘‘substantially all’’ of its part, prohibits an affiliated persons of a assets to the ARK Portfolios, because the Applicants’ Representations registered investment company, or an Allfirst Plan is not a registered 1. ARK Funds, a Massachusetts affiliated person of such a person, acting investment company and because the business trust, is registered under the as principal, from selling any security Allfirst Plan and the ARK Portfolios are Act as an open-end management to, or purchasing any security from, the affiliated other than solely by reason of investment company and offers twenty investment company. Section 2(a)(3) of having a common investment adviser, series (the ‘‘ARK Portfolios’’). AIA is an the Act, in relevant part, defines an common director and/or common investment adviser registered under the ‘‘affiliated person’’ of another person to officers. Investment Advisers Act of 1940 and include (a) any person directly or indirectly owning, controlling, or 4. Section 17(b) of the Act provides serves as investment adviser to each that the Commission may exempt a ARK Portfolio. Allfirst Trust acts as holding with power to vote 5% or more proposed transaction from the custodian and sub-administrator for the of the outstanding voting securities of provisions of section 17(a) if evidence ARK Portfolios. AIA and Allfirst Trust the other person; (b) any person directly establishes that: (a) The terms of the are wholly-owned subsidiaries of or indirectly controlling, controlled by, proposed transaction, including the Allfirst Bank, which is a wholly-owned or under common control with, the consideration to be paid, are reasonable subsidiary of Allfirst Financial Inc., a other person; and (c) if the other person and fair and do not involve bank holding company (Allfirst is an investment company, any overreaching on the part of any person Financial Inc. and its direct and indirect investment adviser of that company. concerned; (b) the proposed transaction subsidiaries, collectively ‘‘Allfirst’’). Applicants state that, because the Allfirst Plan may be viewed as acting as is consistent with the policy of each 2. The Allfirst Plan is a defined principal in the Proposed Exchange and registered investment company benefit pension plan qualified under because the Allfirst Plan and the ARK concerned; and (c) the proposed section 401 of the Internal Revenue Portfolios may be viewed as being under transaction is consistent with the Code of 1986, as amended. The Allfirst the common control of Allfirst, within general purposes of the Act. Plan is maintained for the benefit of the meaning of section 2(a)(3)(C) of the employees of Allfirst and is exempt 5. Applicants request an order under Act, the Proposed Exchange may be section 17(b) of the Act to permit the from the definition of ‘‘investment subject to the prohibitions of section company’’ under section 3(c)(11) of the Proposed Exchange. Applicants submit 17(a) of the Act. that the Proposed Exchange satisfies the Act. Allfirst Trust is trustee of and AIA 2. Rule 17a–7 under the Act exempts standards for relief under section 17(b) is investment adviser to the Allfirst from the prohibitions of section 17(a) of the Act. Applicants state that the Plan. certain purchase and sale transactions if securities to be acquired from the 3. Currently, the Allfirst Plan has an affiliation exists solely by reason of Allfirst Plan are consistent with the approximately 36.8% of its assets having a common investment adviser, investment objectives, policies and invested in the ARK Portfolios, with the common directors, and/or common restrictions of the participating ARK remainder invested directly in officers, provided, among other Portfolios. Applicants also state that the individual securities. The Allfirst Plan requirements, that the transaction Proposed Exchange will meet all of the holds more than 5% of the outstanding involves a cash payment against prompt voting securities of four of the ARK delivery of the securities. Applicants conditions of rules 17a–8 (with respect Portfolios. Applicants propose to state that rule 17a–7 may not be to the ARK Funds) and that the transfer in-kind of the assets of the available for the Proposed Exchange Proposed Exchange will occur in Allfirst Plan, other than shares of the because the Allfirst Plan owns 5% or accordance with procedures ARK Portfolios, to various ARK more of the outstanding voting shares of respectively adopted by the Board, Portfolios for which the securities are certain ARK Portfolios and Allfirst has pursuant to rule 17a–7(e), and that the appropriate investments, in exchange an indirect pecuniary interest in the provisions of rule 17a–7(b), (c), (d) and for Institutional Class shares of the performance of the assets held by the (f) will be satisfied. Applicants state that respective ARK Portfolios having an Allfirst Plan. As a result, the affiliation the Proposed Exchange will take place aggregate net asset value equal to that of between the Allfirst Plan and the ARK as an in-kind transfer from the Allfirst the securities transferred (the ‘‘Proposed Portfolios is not solely by reason of Plan to the ARK Portfolios, rather than Exchange’’). Pursuant to procedures having a common investment adviser, on the basis of cash as required by rule adopted by each ARK Portfolio’s board common directors, and/or common 17a–7(a). The Proposed Exchange will of directors (‘‘Board’’), AIA has officers. In addition, applicants state not occur unless and until the Board determined that the individual that the Proposed Exchange is to be (including a majority of the Independent securities held by the Allfirst Plan are effected as an in-kind transfer, rather Trustees) finds that participation by the appropriate investments for the than in cash. ARK Portfolios in the Proposed participating ARK Portfolios. The 3. Rule 17a–8 under the Act exempts Exchange is in the best interests of each securities of the Allfirst Plan to be certain mergers, consolidations, and ARK Portfolio and that the interests of transferred will be valued in accordance sales of assets of registered investment existing shareholders of the ARK with the provisions of rule 17a–7(b) companies from the provisions of Portfolio will not be diluted as a result under the Act. Institutional Class shares section 17(a) of the Act if an affiliation of the transaction. of the ARK Portfolios do not have a exists solely by reason of having a Applicants’ Conditions front-end or deferred sales charge, common investment adviser, common redemption fee, or distribution fee. directors, and/or common officers, Applicants agree that any order Allfirst will pay any expenses incurred provided, among other requirements, granting the requested relief will be in connection with the Proposed that the board of directors of each subject to the following conditions:

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1. The Proposed Exchange will Commission is publishing this notice to Exchange’s Midwest Automated comply with the terms of rule 17a–7(b) solicit comments on the proposed rule Execution System (the ‘‘MAX’’ system).6 through (f). change from interested persons and to On January 3, 1997, the Commission 2. The Proposed Exchange will not grant accelerated approval of the approved,7 on a one year pilot basis, a occur unless and until the Board proposed rule change. program that eliminated the (including a majority of the Independent requirement that CHX specialists Trustees) finds that participation by the I. Self-Regulatory Organization’s automatically execute orders for ARK Portfolios in the Proposed Statement of the Terms of Substance of Nasdaq/NM securities when the Exchange is in the best interests of each the Proposed Rule Change specialist is not quoting at the national ARK Portfolio and that the interests of The Exchange has requested a three- best bid or best offer disseminated existing shareholders of the ARK month extension of the pilot program pursuant to Exchange Act Rule 11Ac1– Portfolio will not be diluted as a result relating to the trading of Nasdaq/NM 1 (the ‘‘NBBO’’). When the Commission of the transaction. These findings, and securities on the Exchange. Specifically, approved the program on a pilot basis, the basis upon which they are made, the pilot program proposes to amend it requested that the Exchange submit a will be recorded fully in the minute Article XX, Rule 37 and Article XX, books of ARK Funds. Rule 43 of the Exchange’s rules. The report to the Commission describing the 3. The Proposed Exchange will not current pilot expires on January 31, Exchange’s experience with the pilot occur unless and until AIA, as 2000. The Exchange proposes to extend program. The Commission stated that investment manager and fiduciary of the the rules governing trading of Nasdaq/ the report should include at least six Allfirst Plan, has determined in NM securities on the Exchange through months of trading data. Due to accordance with its fiduciary duties that May 1, 2000.4 programming issues, the pilot program the Proposed Exchange is in the best was not implemented until April 1997. II. Self-Regulatory Organization’s interests of the Allfirst Plan. Six months of trading data did not Statement of the Purpose of, and become available until November 1997. For the Commission, by the Division of Statutory Basis for, the Proposed Rule As a result, the Exchange requested an Investment Management, under delegated Change authority. additional three-month extension to collect the data and prepare the report Margaret H. McFarland, In its filing with the Commission, the for the Commission. Deputy Secretary. Exchange included statements [FR Doc. 00–2879 Filed 2–8–00; 8:45 am] concerning the purpose of and basis for On December 31, 1997, the the proposed rule change and discussed Commission extended the pilot program BILLING CODE 8010±01±M any comments it received regarding the for an additional three months, until proposed rule change. The text of these March 31, 1998, to give the Exchange SECURITIES AND EXCHANGE statements may be examined at the additional time to prepare and submit COMMISSION places specified in Item III below. The the report and to give the Commission Exchange has prepared summaries, set adequate time to review the report prior [Release No. 34±42372; File No. SR±CHX± forth in Sections A, B and C below, of to approving the pilot on a permanent 99±27] the most significant aspects of such basis.8 The Exchange submitted the Self-Regulatory Organizations; Notice statements. report to the Commission on January 30, of Filing and Order Granting A. Self-Regulatory Organization’s 1998. Subsequently, the Exchange Accelerated Approval of Proposed Statement of the Purpose of, and requested another three-month Rule Change by the Chicago Stock Statutory Basis for, the Proposed Rule extension, to give the Commission Exchange, Incorporated Relating to the Change adequate time to approve the pilot Trading of Nasdaq/NM Securities on program on a permanent basis. the CHX 1. Purpose On March 31, 1998, the Commission On May 4, 1987, the Commission approved the pilot for an additional January 31, 2000. approved certain Exchange rules and three-month period, until June 30, Pursuant to section 19(b)(1) of the procedures relating to the trading of 1998.9 On July 1, 1998, the Commission Securities Exchange Act of 1934 Nasdaq/NM securities on the 1 2 approved the pilot for an additional six- (‘‘Act’’) and Rule 19b–4 thereunder Exchange.5 Among other things, these month period, until December 31, notice is hereby given that on December rules rendered the Exchange’s BEST 1998.10 On December 31, 1998, the 27, 1999, the Chicago Stock Exchange, Rule guarantee (Article XX, Rule 37(a)) Commission approved the pilot for an Incorporated (‘‘CHX’’ or ‘‘Exchange’’) applicable to Nasdaq/NM securities and additional six-month period, until June filed with the Securities and Exchange made Nasdaq/NM securities eligible for Commission (‘‘Commission’’) the the automatic execution feature of the 6 The MAX system may be used to provide an proposed rule change as described in automated delivery and execution facility for orders that are eligible for execution under the Exchange’s Items I and II below, which Items have Boege, Associate General Counsel, CHX, to BEST Rule and certain other orders. See CHX Rules, been prepared by the Exchange. On Katherine A. England, Assistant Director, Division Art. XX, Rule 37(b). A MAX order that fits within of Market Regulation, Commission, dated January January 31, 2000, the CHX submitted to the BEST parameters is executed pursuant to the 28, 2000. the Commission Amendment No. 1 to BEST Rule via the MAX system. If an order is 4 3 See Amendment No. 1, supra note 3. outside the BEST parameters, the BEST rule does the proposed rule change. The 5 See Securities Exchange Act Release No. 24424 not apply, by MAX system handling rules remain (May 4, 1987), 52 FR 17868 (May 12, 1987) (order applicable. 1 15 U.S.C. 78s(b)(1). approving File No. SR–MSE–87–2); see also, 7 See Securities Exchange Act Release No. 38119 2 17 CFR 240.19b–4. Securities Exchange Act Release Nos. 28146 (June (January 3, 1997), 62 FR 1788 (January 13, 1997). 3 In Amendment No. 1, the CHX requested that 26, 1990), 55 FR 27917 (July 6, 1990) (order 8 the Commission approve extension of the pilot expending the number of eligible securities to 100); See Securities Exchange Act Release No. 39512 program through May 1, 2000 instead of December 36102 (August 14, 1995), 60 FR 43626 (August 22, (December 31, 1997), 63 FR 1517 (January 9, 1998). 31, 2000 as initially proposed. Amendment No. 1 1995) (order expanding the number of eligible 9 See Securities Exchange Act Release No. 39823 also removed proposed rule language that is securities to 500); 41392 (May 12, 1999), 64 FR (March 31, 1998), 63 FR 17246 (April 8, 1998). currently being considered in another Exchange 27839 (May 21, 1999) (order expanding the number 10 See Securities Exchange Act Release No. 40150 filing (SR–CHX–99–27). See letter from Kathleen M. of eligible securities to 1,000). (July 1, 1998), 63 FR 36983 (July 8, 1998).

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30, 1999.11 On June 30, 1999, the to time, for either 100 or 1,000 shares, without subjecting CHX specialists to Commission approved the pilot for an depending on the issue.16 execution guarantees that are additional seven-month period, until When the specialist is not quoting a substantially greater than those imposed January 31, 2000.12 The Exchange now Nasdaq/NM security at the NNBBO, it on their competitors. requests another extension of the can elect, on an order-by-order basis, to manually execute orders in that B. Self-Regulatory Organization’s current pilot program, through May 1, Statement on Burden on Competition 2000.13 On December 22, 1999, the security. If the specialist does not elect The Exchange does not believe that Exchange also submitted to the manual execution, MAX market and the proposed rule change will impose Commission a report identical in format marketable limit orders in that security that are of a size equal to or less than any unnecessary or inappropriate to the Exchange’s report of January 30, the auto-execution threshold will burden on competition. 1998, to enable the Commission to automatically be executed at the NBBO, continue its review of the pilot program. C. Self-Regulatory Organization’s provided that the auto-execution Statement on Comments on the Under the pilot program, specialists threshold is less than or equal to the Proposed Rule Change Received From must continue to accept agency 14 NBBO. If the specialist elects manual Members, Participants or Others market orders or marketable limit execution, the specialist must either orders, but only for orders of 100 to manually execute the order at the NBBO Written comments were neither 1,000 shares of Nasdaq/NM securities or a better price or act as agent for the solicited nor received. rather than the 2,099 share limit order in seeking to obtain the best III. Solicitation of Comments previously in place. Specialists, available price for the order on a marketplace other than the Exchange. If Interested persons are invited to however, must accept all agency limit submit written data, views and the specialist decides to act as agent for orders in Nasdaq/NM securities from arguments concerning the foregoing the order, the pilot program requires the 100 up to and including 10,000 shares including whether the proposal is specialist to use order-routing systems for placement in the limit order book. consistent with the Act. Persons making to obtain an execution where As described below, however, written submission should file six appropriate. Market and marketable specialists are required to automatically copies thereof with the Secretary, limit orders that are for a number of execute Nasdaq/NM orders only if they Securities and Exchange Commission, shares greater than the auto-execution are quoting at the NBBO when the order 450 Fifth Street, NW., Washington, DC threshold are not subject to these was received. 20549–0609. Copies of the submissions, requirements, and may be canceled all subsequent amendments, all written The pilot program requires the within one minute of being entered into statements with respect to the proposed specialists to set the MAX auto- MAX or designated as an open order. execution threshold at 1,000 shares or rule change that are filed with the greater for Nasdaq/NM securities.15 2. Statutory Basis Commission, and all written When a CHX specialist is quoting at the The CHX believes that the proposed communications relating to the proposed rule change between the NBBO, orders for a number of shares rule is consistent with the requirements Commission and any person, other than less than or equal to the auto-execution of the Act and the rules and regulations those that may be withheld from the threshold designated by the specialist thereunder that are applicable to a national securities exchange, and, in public in accordance with the are executed automatically (in an provisions of 5 U.S.C. 552, will be amount up to the size of the specialist’s particular, with the requirements of Section 6(b).17 In particular, the available for inspection and copying at quote). Orders in securities quoted with the Commission’s Public Reference proposed rule is consistent with Section a spread greater than the minimum Room. Copies of such filings will also be 6(b)(5) 18 of the Act in that it is designed variation are executed automatically available for inspection and copying at to promote just and equitable principles after a fifteen second delay from the the principal office of the Exchange. All of trade, to remove impediments and to time the order is entered into MAX. The submissions should refer to File No. perfect the mechanism of a free and size of the specialist’s bid or offer is SR–CHX–99–27 and should be open market and a national market then automatically decremented by the submitted by March 1, 2000. size of the execution. When the system, and, in general, to protect investors and the public interest. IV. Commission’s Findings and Order specialist’s quote is exhausted, the The CHX’s proposal is intended to Granting Accelerated Approval of system will generate an autoquote at an conform CHX specialist obligations to Proposed Rule Change increment away from the NBBO, as those applicable to OTC market makers determined by the specialist from time The Commission finds that the in Nasdaq/NM securities, while Exchange’s proposal is consistent with recognizing that the CHX provides a the requirements of the Act and the 11 See Securities Exchange Act Release No. 40868 separate, competitive market for rules and regulations thereunder (December 31, 1998), 64 FR 1845 (January 12, 1999). Nasdaq/NM securities. The rules 12 See Securities Exchange Act Release No. 41586 applicable to a national securities (June 30, 1999), 64 FR 36938 (July 8, 1999). establish execution procedures and exchange.19 Specifically, the 13 See Amendment No. 1, supra note 3. guarantees that attempt to provide Commission finds that the proposed 14 The term ‘‘agency order’’ means an order for executions reflective of the best quotes rule change is consistent with section the account of a customer, but does not include among OTC market makers and 6(b)(5) 20 of the Act, which requires that professional orders, as defined in CHX Rules, Art. specialists in Nasdaq/NM securities XXX, Rule 2, Interp. and Policy .04. The rule an Exchange have rules designed to defines a ‘‘professional order’’ as any order for the prevent fraudulent and manipulative account of a broker-dealer, the account of an 16 Specifically, the autoquote is currently for one acts and practices, to promote just and associated person of a broker-dealer, or any account normal unit of trading (usually 100 shares) for in which a broker-dealer or an associated person of issues that became subject to mandatory equitable principles of trade, to remove a broker-dealer has any direct or indirect interest. compliance with Exchange Act Rule 11Ac1–4 on or 15 The Exchange currently is seeking Commission prior to February 24, 1997 to 1,000 shares for other 19 In reviewing this proposal, the Commission has approval of a rule amendment that would lower the issues. considered its impact on efficiency, competition auto-execution minimum to 300 shares in the case 17 15 U.S.C. 78f(b). and capital formation. 15 USC 78c(f). of Nasdaq/NM securities. See SR–CHX–99–21. 18 15 U.S.C. 78f(b)(5). 20 15 U.S.C. 78f(b)(5).

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6427 impediments to and perfect the Commission’s approval of the pilot I. Self-Regulatory Organization’s mechanism of a free and open market extension has several ramifications. Statement of the Terms of Substance of and a national market system, and, in Approval will: (1) Allow the Exchange the Proposed Rule Change general, to protect investors and the to operate without interruption; (2) The Board has filed with the public interest. The Commission also provide a period for compilation of Commission a proposed rule change to believes that the proposal is consistent additional data; and (3) allow the 21 amend Rule G–36, on delivery of official with section 11A(a)(1)(C) and Exchange to revise the language of the 22 statements, advance refunding 11A(a)(1)(D) of the Act. The proposal existing rules for clarity and ease of documents and Forms G–36(OS) and G– is consistent with section 11A(a)(1)(C) understanding in the public interest and 36(ARD) to the Board or its designee. in that it seeks to ensure economically for protection of investors. The text of the proposed rule change is efficient execution of securities set forth below. Deletions are in transactions. Moreover, the proposal is The Commission does not want to brackets; additions are in italics. consistent with Section 11A(a)(1)(D) in interrupt the current operations of the that it attempts to foster the linking of Exchange while the above-described Rule G–36—Delivery of Official markets for qualified securities through issues are being addressed. The Statements, Advance Refunding communication and data processing Commission, therefore, finds good cause Documents and Forms G–36(OS) and facilities. for approving the proposed rule change G–36(ARD) to Board or its Designee The Commission notes, however, that prior to the thirtieth day after the date (a)–(b) No Change. while the Exchange has been working of publication of notice of filing thereof (c) Delivery Requirements for Issues toward establishing a linkage, in the Federal Register. not Subject to Securities Exchange Act specialists and OTC market makers do Rule 15c2–12. not yet have an effective method of It Is Therefore Ordered, pursuant to 24 (i) Subject to paragraph (iii) below, routing orders to each other. The section 19(b)(2) of the Act that the each broker, dealer, or municipal Commission expects the Exchange to proposed rule change (SR–CHX–99–27) securities dealer that acts as an continue to work towards establishing a be, and hereby is, approved through underwriter in a primary offering of linkage with the Nasdaq systems as May 1, 2000. municipal securities not subject to requested in the January 1997 Order.23 For the Commission, by the Division of Securities Exchange Act Rule 15c2–12 In connection with this effort, the Market Regulation, pursuant to delegated for which an official statement in final Commission has requested an update on authority.25 the information provided in the form is prepared by or on behalf of the December 21, 1999 report using the Margaret H. McFarland, issuer shall send to the Board or its Exchange’s surveillance system. The Deputy Secretary. designee, by certified or registered mail, or some other equally prompt means Commission requests that the Exchange [FR Doc. 00–2882 Filed 2–8–00; 8:45 am] that provides a record of sending, supplement the available trading data so BILLING CODE 8010±01±M that it can consider issues concerning [within] by the later of one business day the pilot program, including the [of] after delivery of the securities by the issuer to the broker, dealer, or circumstances involving orders that are SECURITIES AND EXCHANGE municipal securities dealer or one not automatically executed through COMMISSION MAX, whether orders are given the business day after receipt of the official NBBO shown at the time the order is statement in final form from the issuer [Release No. 34±42374; File No. SR±MSRB± received or the NBBO posted at the time or its designated agent, the following 99±11] the order is executed, and what documents and written information: two copies of the official statement in final explanations are available for price Self-Regulatory Organizations; Notice disimprovement. The Commission is form[, if prepared by or on behalf of the of Filing of Proposed Rule Change by issuer]; and[, if an official statement in extending the pilot program for 90 days the Municipal Securities Rulemaking so that the Exchange may compile this final form is prepared,] two copies of Board to Amend Rule G±36 data for the Commission’s review. completed Form G–36(OS) prescribed by the Board, including the CUSIP At the conclusion of this pilot’s February 2, 2000. extension, the Commission requests that number or numbers for the issue. Pursuant to section 19(b)(1) of the 3 the Exchange rewrite Article XX, Rule (ii)–(iii) No change. Securities Exchange Act of 1934 (d)–(f) No change. 37 and Article XX, Rule 43 of the 1 2 Exchange’s rules so these rules clearly (‘‘Act’’), and Rule 19b–4 thereunder, * * * * * explain the difference between how notice is hereby given that on December 10, 1999, the Municipal Securities II Self-Regulatory Organization’s listed (or dually traded) securities and Statement of the Purpose of, and over-the-counter (or Nasdaq/NM) Rulemaking Board (‘‘MSRB’’ or the ‘‘Board’’) filed with the Securities and Statutory Basis for, the Proposed Rule securities are routed and executed by Change the Exchange, and submit the new Exchange Commission (‘‘SEC’’ or proposed language to the Commission ‘‘Commission’’) the proposed rule In its filing with the Commission, the for review and approval. Additionally, change as described in Items I, II and III MSRB included statements concerning the Commission requests that the below, which Items have been prepared the purpose of and basis for the Exchange include in its rules an by the Exchange. The Commission is proposed rule change and discussed any explanation of how the provisions of the publishing this notice to solicit comments it received on the proposed Exchange’s Best Rule interact with the comments on the proposed rule change rule change. The text of these statements Exchange’s Rules governing automatic from interested persons. execution of orders. Thus, the 3 Filing amended to clarify text of proposed rule change by including (iii). Phone conversation 24 15 U.S.C. 78s(b)(2). between Ernesto A. Lanza, Associate General 21 15 U.S.C. 78k–1(a)(1)(C). 25 17 CFR 200.30–3(a)(12). Counsel, MSRB, and Melinda R. Diller, Attorney, 22 15 U.S.C. 78k–1(a)(1)(D). 1 15 U.S.C. 78s(b)(1). Division of Market Regulation, Commission on 23 23 See 1997 Order, supra note 7. 2 17 CFR 240.19b–4. January 24, 2000.

VerDate 272000 17:58 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6428 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices may be examined at the places specified amended Rule G–36 to subject to its underwriters within one business day in Item IV below. The MSRB has requirements certain categories of after closing. The 4% of official prepared summaries, set forth in primary offerings that are exempt under statement deliveries by issuers to Sections A, B, and C below, of the most Rule 15c2–12(d)(1), thereby further underwriters that were reported as being significant aspects of such statements. extending the reach of Rule G–36 made more than one business day after beyond the scope of Rule 15c2–12.7 The A. Self-Regulatory Organization’s closing and therefore too late to permit Board felt that expanding the scope of Statement of the Purpose of, and underwriters to comply with Rule G– the rule to include such offerings would Statutory Basis for, the Proposed Rule 36(c)(i) constituted more than half result in a more complete collection of Change (approximately 54%) of all underwriter disclosure documents and the overall failures to meet the time frame of that 1. Purpose integrity, efficiency, and liquidity of the section.9 Rule G–36 requires, among other municipal securities market would be The Board believes that there is things, that a broker, dealer or increased. significant room for improvement with municipal securities dealer (a ‘‘dealer’’) For any primary offering subject to respect to underwriter compliance with acting as underwriter in a primary Rule G–36(c)(i), the underwriter Rule G–36(c)(i) in those situations in offering of municipal securities (with currently is required to send two copies which the official statement is received certain limited exceptions) send to the of the official statement, if one is in sufficient time to send to the Board Board copies of the official statement prepared, in final form with two copies on a timely basis. Underwriters and completed Form G–36(OS). The of Form G–36(OS), to the board by the experiencing problems in this area rule was adopted by the Board for the business day after the issuer delivers the should review their internal procedures purpose of creating a repository for municipal securities to the underwriter for ensuring that official statements official statements that would function (the ‘‘bond closing’’). The Board delivered by issuers are handled in a much like a public library that stores, reviewed certain information included manner that permits the accurate by underwriters on Forms G–36(OS) indexes and provides copies of official  completion and the prompt sending of statements.4 This library, known as the submitted to the Board’s MSIL system Form G–36(OS) and the official Municipal Securities Information in 1998, including approximately 2,000 statement to the Board.   such forms submitted in connection Library (or MSL ) system,5 is intended However, the Board is concerned that with primary offerings subject to Rule to serve as a central source for more than half of the instances in which G–36(c)(i).8 For these offerings, the information regarding municipal underwriters have not met the time Board found that 96% of the official securities trading in the primary and frame of Rule G–36(c)(i) resulted from statements in final form were reported secondary markets. As originally official statements that were reported to to have been delivered by issuers to adopted by the Board and approved by have been delivered by issuers more the Commission, Rule G–36 applied to to Small Issue Securities for which an official than one business day after closing. Of all primary offerings of municipal statement in final form was prepared, but did not course, the Board has no authority to securities regardless of principal apply to Limited Offering Securities, Short-Term require that an issuer prepare an official amount, other than primary offerings Securities and Puttable Securities. statement or that any official statement that qualified for exemption under 7 See Securities Exchange Act Release No. 32086 that is prepared be delivered to (March 31, 1993), 58 FR 18290 (April 8, 1993); paragraph (d)(1) of Rule 15c2–12 under underwriters within a specified time 6 ‘‘Delivery of Official Statements to the Board: Rule the Act. The Board subsequently G–36,’’ MSRB Reports, Vol. 12, No. 3 (September frame. In addition, the Commission 1992) at 11. Thus only primary offerings exempt excepted those primary offerings that 4 See Securities Exchange Act Release No. 28081 from Rule 15c2–12 for which no official statement are subject to Rule G–36(c)(i) from Rule (June 1, 1990), 55 FR 23333 (June 7, 1990); in final form is prepared and Limited Offering ‘‘Delivery of Official Statement to the Board: Rules Securities remain exempt from Rule G–36. Those 15c2–12. Therefore, the MSRB believes G–36 and G–8,’’ MSRB Reports, Vol. 9, No. 3 offerings that currently are subject to Section (c)(i) that no regulatory framework exists to (November 1989) at 3. of Rule G–36 consist of Small Issue Securities, compel, directly or indirectly, the 5 Municipal Securities Information Library and Short-Term Securities and Puttable Securities, if an preparation and delivery of an official official statement in final form has been prepared MSIL are registered trademarks of the Board. statement in such offerings. 6 In primary offerings subject to Rule 15c2–12, the by or on behalf of the issuer. underwriter is required under paragraph (b)(3) of 8 The Board reviewed all Forms G–36(OS) for The Board notes that in the Rule to contract with the issuer to receive the primary offerings having sale dates in 1998 received approximately 36% of the offerings  final official statement within seven business days in acceptable form by the MSIL system on or prior subject to Rule G–36(c)(i) the number of after any final agreement to purchase, offer or sell to December 31, 1998. Excluded from this review the municipal securities (the ‘‘sale date’’) and in were any Forms G–36(OS) that omitted the sale business days between the sale date and sufficient time to accompany any confirmation that date, date of receipt by the underwriter of the the business day following closing is requests payment from any customer. Rule 15c2–12 official statement from the issuer or date that the less than ten. As a result, for these  does not apply to primary offerings with an underwriter sent the official statement to the MSIL offerings, the requirement in Rule G– aggregate principal amount of less than $1,000,000 system. Information provided by underwriters on (‘‘Small Issue Securities’’). In addition, paragraph Form G–36(OS) is not independently verified by the 36(c)(i) that the underwriter send the (d)(1) of the Rule exempts primary offerings in Board but is provided to the appropriate official statement to the Board within authorized denominations of $100,000 or more if enforcement agency on a regular basis. one business day after the bond closing the securities (i) are sold to no more than 35 Underwriters are required to certify that all provides the underwriter with less time persons with knowledge and experience in information contained in each Form G–36(OS) financial and business matters, capable of submitted to the MSIL system is true and correct. to comply with its official statement evaluating the merits and risks of the investment Inaccuracies in the information reported by submission requirement than the ten and not purchasing for more than one account or underwriters on Form G–36(OS) could subject such business day outside time frame of Rule with a view to distribution (‘Limited Offering underwriter to appropriate enforcement action. The G–36(c)(i), were such a time frame Securities’’); (ii) have a maturity of nine months or results of the Board’s review could be affected by less (‘Short-Term Securities’’); or (iii) at the option any such inaccuracies. The full results of this of the holder may be tendered to the issuer or its review, including results relating to other 9 The remaining failures consisted of situations agent for redemption or purchase at par value or provisions of Rule G–36 and to the provisions of where the issuer was reported to have delivered the more at least as frequently as every nine months Rule G–32 and Rule 15c2–12, were published in official statement to the underwriter in sufficient until maturity, earlier redemption, or purchase by ‘‘Official Statement Deliveries Under Rules G–32 time for the underwriter to comply with Rule G– the issuer or its agent (‘‘Puttable Securities’’). Thus, and G–36 and Exchange Act Rule 15c2–12,’’ MSRB 36(c)(i) but the underwriter delayed sending the as originally adopted, Rule G–36 applied to all Reports, Vol. 19, No. 3 (Sept. 1999) at 29 (the official statement to the Board until later than the primary offerings subject to Rule 15c2-12 as well as ‘‘Board Notice’’). business day after the bond closing.

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In the underwriters are required to act more market in municipal securities, and, in Board Notice, the Board observed that quickly than they would under Rule G– general, to protect investors and the public for new issue municipal securities, 36(b)(i) even though there is no interest. dealers typically seek, and customers concomitant obligation on the part of The Board believes that the proposed generally expect, to settle their trades on issuers to deliver an official statement rule change is consistent with the Act in the same day as the closing of the within any particular time frame. that it removes an impediment to a free underwriting. As a result, underwriters As a result, the Board published the and open market in municipal securities need to receive the official statement Board Notice seeking comment on, without adversely affecting the from the issuer in sufficient time to among other things, a draft amendment protection of investors and of the public ensure that the official statement can be to Rule G–36(c)(i) which the Board interest. delivered to customers by settlement of believed would address this situation. their transactions, as required under B. Self-Regulatory Organization’s After reviewing the comments received Rule G–32. If an issuer prepares an Statement on Burden on Competition on the Board Notice, the Board official statement in final form but does determined to adopt the draft The Board does not believe that the not deliver it to the underwriter by the amendment, with a minor clarifying proposed rule change will impose any bond closing, dealers would continue to change.11 As amended, the rule would burden on competition not necessary or be prohibited from settling their provide that an underwriter in a appropriate in furtherance of the transactions with customers until they primary offering subject to Rule G– purposes of the Act because it would have delivered the official statement to 36(c)(i) for which an official statement apply equally to all municipal the customers, with certain very limited 15 in final form is prepared by the issuer underwriters. exceptions. Thus, other than offerings must send two copies of the official falling within the narrow exceptions C. Self-Regulatory Organization’s provided under Rule G–32, the only statement in final form, together with Statement on Comments on the two copies of Form G–36(OS), to the offerings in which ‘‘the needs of the Proposed Rule Change Received from transaction’’ would not include delivery Board by the later of (i) one business Members, Participants, or Others day after the bond closing or (ii) one of the official statement by closing In the Board Notice, the Board sought would be those in which underwriters business day after receipt of the official comment on a draft amendment to Rule expect to hold the securities in statement from the issuer.12 The G–36(c)(i) that would require an inventory until the official statement is proposed rule change is intended solely underwriter in a primary offering in fact delivered and therefore made to provide relief to underwriters that subject to Rule G–36(c)(i) for which an available for redelivery to customers. face violation of Rule G–36(c)(i) as a official statement in final form has been result of circumstances beyond their The completion and delivery of an prepared to send the official statement official statement by the closing of the control and is not intended to imply to the Board by the later of (i) one that underwriters and other dealers may underwriting is not a technical business day after the bond closing or requirement imposed by the Board. If an ignore their continuing obligation to (ii) one business day after receipt of the deliver official statements for new issue official statement serves no purpose in official statement from the issuer. The an offering that is exempt from Rule municipal securities to customers by Board received two comment letters in settlement, as required under rule G–32. 15c2–12, then the issuer need not response to the Board Notice, only one prepare one. Unless an issuer is 2. Statutory Purpose of which addressed the draft preparing an official statement for amendment.14 reasons entirely unrelated to the offering The Board believes the proposed rule The Bond Market Association (TBMA) that it describes, it is difficult to change is consistent with Section states that it ‘‘strongly supports’’ the 13 understand how completion of an 15B(b)(2)(C) of the Act, which draft amendment. TBMA further states official statement after the underwriters that the change in the timing and initial customers have received 10 Section (b)(i) of Rule G–36 requires the requirement ‘‘means that underwriters delivery of their securities can be underwriter of a primary offering subject to Rule and issuers could schedule closings on rationalized.16 15c2–12 to send two copies of the final statement, the basis of the needs of the transaction, together with two copies of Form G–36(OS), to the rather than for the purpose of allowing Board within one business day after receipt of the 15 Commercial paper is wholly exempt from the final official statement from the issuer but no later a sufficient number of days to increase Rule G–32 customer delivery requirement and than 10 business days after the sale date. preliminary official statements may be delivered by 11 The change in language makes clearer the fact 14 TBMA’s letter addressed the draft amendment settlement (with official statements in final form that Section (c)(i) will continue to apply to a as well as certain other issues relating to Board sent when they become available) for Puttable primary offering only if an official statement in final Rules G–36 and G–32 and Rule 15c2–12. The Securities. form is prepared. comment letter from Charles Schwab & Co. Inc. 16 Of course, the Board believes that there is 12 In contrast, Rule G–36(c)(i) currently requires (‘‘Schwab’’) addressed certain issues relating to significant value to the secondary market in having that the underwriter send the official statement to Rule G–32. The Board is considering the comments official statements available throughout the life of the Board by the business day after the bond received on these other matters but has not the issue. Nonetheless, the Board sees no way of closing, regardless of whether the underwriter has determined to take any rulemaking action with justifying the existence of an official statement in fact received the official statement by such day. respect to Rule G–32 or any provisions of Rule G– based on the needs of the secondary market while 13 15 U.S.C. 78o–4(b)(2)(C). 36, other than Section (c)(i), at this time. ignoring the needs of the primary market.

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Although the submission requirement Without a more substantial showing of available for inspection and copying at under current Rule G–36(c)(i) may hardship to the dealer community, the the Commission‘s Public Reference influence an issuer to give completion Board believes that extension of the Room. Copies of such filing will also be of the official statement in final form a time frame for underwriters to turn the available for inspection and copying at higher priority, this requirement also official statement around to the Board is the principal office of the MSRB. All may serve as a disincentive to prepare not justified at this time. The ability to submissions should refer to File No. the official statement in final form, since meet this requirement is entirely within SR–MSRB–99–11 and should be an underwriter currently can avoid a the control of dealers, and they should submitted by March 1, 2000. Rule G–36(c)(i) violation by prevailing review their procedures to ensure that For the Commission, by the Division upon the issuer not to prepare an this task is assigned to the appropriate of Market Regulation, pursuant to official statement in final form at all (e.g., personnel having a clear understanding delegated authority. 19 an underwriter that has purchased an of the procedural and substantive Margaret H. McFarland, issue based on a preliminary official requirements of Rule G–36. To the statement could advise an issuer that it extent that dealers experience difficulty Deputy Secretary. need not finalize the official statement). in coordinating the actions of various [FR Doc. 00–2880 Filed 2–8–00; 8:45 am] Changing the time frame of the Rule G– personnel involved in the handling of BILLING CODE 8010±01±M 36(c)(i) submission requirement would official statements, they should consider eliminate this disincentive while whether they have instituted procedures providing relief for underwriters that that adequately provide for compliance SECURITIES AND EXCHANGE may face a potential rule violation for with the rule. COMMISSION reasons beyond their control. The official statement delivery requirement III. Date of Effectiveness of the [Release No. 34±42376; File No. SR±NASD± under Rule G–32 would continue to Proposed Rule Change and Timing for 99±77] provide a powerful incentive to Commission Action underwriters to urge issuers to complete Within 35 days of the date of Self-Regulatory Organizations; Notice the official statement in final form in publication of this notice in the Register of Filing of Proposed Rule Change by sufficient time to permit the or within such longer period (i) as the the National Association of Securities underwriters and the other dealers to Commission may designate up to 90 Dealers, Inc., Relating to the Mutual which they sell such new issue days of such date if it finds such longer Fund Quotation Service municipal securities to deliver the period to be appropriate and publishes February 2, 2000. official statement to customers by its reasons for so finding, or (ii) as to Pursuant to section 19(b)(1) of the settlement. which the MSRB consents, the Although TBMA supports the draft Securities Exchange Act of 1934 Commission will: (‘‘Act’’),1 and Rule 19b–4 thereunder,2 amendment to Rule G–36(c)(i), it a. by order approve the proposed rule notice is hereby given that on December suggests that the Board further amend change, or 17, 1999, the National Association of Rule G–36(c)(i) to extend the one- b. institute proceedings to determine Securities Dealers, Inc. (‘‘NASD’’), business day time frame to two-business whether the proposed rule change through its wholly-owned subsidiary, days. TBMA argues that ‘‘it is often should be disapproved. logistically difficult to meet the one-day The Nasdaq Stock Market, Inc. requirement’’ and that the MSIL IV. Solicitation of Comments (‘‘Nasdaq’’), filed with the Securities systems serves ‘‘archival rather than Interested persons are invited to and Exchange Commission (‘‘SEC’’ or real-time disclosure purposes.’’ 17 In submit written data, views and ‘‘Commission’’) the proposed rule adopting Rule G–36(c)(i) and creating arguments concerning the foregoing, change as described in Items I, II, and the MSIL system, the Board undertook including whether the proposed rule III below, which Items have been to make available to the industry a change is consistent with the Act. prepared by Nasdaq. The Commission is comprehensive repository of official Persons making written submissions publishing this notice to solicit statements for use in both the primary should file six copies thereof with the comments on the proposed rule change and secondary markets. In addition to Secretary, Securities and Exchange from interested persons. serving the vital archival purpose of Commission, 450 Fifth Street, NW, I. Self-Regulatory Organization’s ensuring that information regarding Washington, DC 20549–0609. Copies of Statement of the Terms of Substance of municipal securities is available the submissions, all subsequent the Proposed Rule Change throughout the life of the securities, the amendments, all written statements MSIL system serves an important with respect to the proposed rule Nasdaq is proposing to amend NASD function in the primary market as an change that are filed with the Rule 7090 to change the annual listing alternate source (through its subscribers) Commission, and all written fees for the Mutual Fund Quotation of official statements for dealers seeking communications relating to the Service (‘‘MFQS’’ or ‘‘Service’’). to fulfill their Rule G–32 customer proposed rule change between the Proposed new language is in italics; delivery obligation. Delaying the Commission and any persons, other proposed deletions are in brackets. submission of official statements to the than those that may be withheld from * * * * *  Board could impair the MSIL system‘s the public in accordance with the 7090. Mutual Fund Quotation Service usefulness in the primary market.18 provisions of 5 U.S.C. 552, will be (a) Funds included in the Mutual 17 TBMA states ‘‘that it is diffuclt to ensure the municipal securities] do not have copies of the final Fund Quotation Service (‘‘MFQS’’) shall desirable level of coordination between the official statement, such copies are also generally be assessed an annual fee of [$275] $400 underwriter personnel who are best-positioned to unavailable from the managing underwriter per fund authorized for the News Media authenticate the official statement as the final financial printer. Bloomberg or another Nationally official statement and the personnel who are Recognized Municipal Securities Information responsible for filing with the Board.’’ Repository.’’ Delays in receiving official statements 19 17 CFR 200.30–3(a)(12). 18 Schwab notes that it has ‘found that if the by the MSIL system would further reduce their 1 15 U.S.C. 78s(b)(1). dealers [from which it purchases new issue availability from these other sources. 2 17 CFR 240.19b–4.

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Lists and [$200] $275 per fund data vendors. If a fund qualifies for the operating at a yearly loss in light of the authorized for the Supplemental List. Supplemental List, the pricing recent technology enhancements to the Funds authorized during the course of information about that fund generally is Service. Accordingly, Nasdaq proposes an annual billing period shall receive a not included in newspaper fund tables, to increase its current fees for the proportion of these fees but no credit or but is disseminated over Nasdaq’s Level Supplemental List from $200 to $275, refund shall accrue to funds terminated 1 Service. The Supplemental List, and for the News Media List from $275 during an annual billing period. In therefore, provides significant visibility to $400. addition, there shall be a one-time for funds that do not otherwise qualify 2. Statutory Basis application processing fee of $250 for for inclusion in the News Media List. each new fund authorized. Each fund incurs an annual fee for Nasdaq believes that the proposed (b) No Change. inclusion in the Service.6 Currently, rule change is consistent with the funds included in the News Media List provisions of Section 15A(b)(5) 8 of the II. Self-Regulatory Organization’s pay an annual fee of $275, and funds Act which requires that the rules of a Statement of the Purpose of, and included in the Supplemental List pay national securities association provide Statutory Basis for, the Proposed Rule an annual fee of $200. for the equitable allocation of reasonable Change The original MFQS was built as a dues, fees and other charges among In its filing with the Commission, DOS-based application. In recent years, members and issuers and other persons Nasdaq included statements concerning technology has progressed and user using any facility or system which the the purpose of and basis for the needs for the MFQS have increased. Association operates or controls. Nasdaq proposed rule change and discussed any Responding to requests made by users of believes that the increased user fee is a comments it received on the proposed the MFQS, the mutual fund industry, fair means of recovering the cost related rule change. The text of these statements and the Investment Company Institute to the development and maintenance of may be examined at the places specified (‘‘ICI’’), Nasdaq performed market the enhanced MFQS system requested in Item IV below. Nasdaq has prepared research to determine which by users of the Service and the ICI. The summaries, set forth in Sections A, B, enhancements MFQS users would proposal is consistent with Section and C below, of the most significant prefer in a redesigned Service. Since the 15A(b)(5) 9 because the fees will be aspects of such statements. last fee increase in 1996,7 the MFQS imposed directly and only on those who software application has been rewritten, benefit from the recently enhanced A. Self-Regulatory Organization’s and notable technology enhancements Statement of the Purpose of, and MFQS. The proposed fee is designed to have been implemented to support the cover the costs related to the Statutory Basis for, the Proposed Rule Service’s functionality. Change development and maintenance of the Specifically, in 1998, Nasdaq took the enhanced MFQS system and 1. Purpose list of enhancements requested by development costs associated with MFQS users and developed and future enhancements that will improve Nasdaq proposes to change the annual implemented an entirely new MFQS listing fees for the MFQS. The MFQS efficiency and accuracy in the collection application, using browser-based of pricing information. was created to collect and to technology. The MFQS now permits disseminate data pertaining to the value funds included in the Service (or B. Self-Regulatory Organization’s of open-end and closed-end funds. pricing agents designated by such Statement on Burden on Competition Currently, the MFQS disseminates the funds) to use the browser-based Nasdaq does not believe that the valuation data for over 11,000 funds. technology to transmit directly to The Service facilitates this process by proposed rule change will result in any Nasdaq a multitude of pricing burden on competition that is not providing for the automated entry, information, including information through a browser-based application, of necessary or appropriate in furtherance about a fund’s net asset value, offer of the purposes of the Act. pricing data by a fund and a fund’s price, and closing market price. Out of pricing agent. the approximately 27 enhancements C. Self-Regulatory Organizations’ Funds must meet minimum eligibility suggested by the industry, Nasdaq has Statement on Comments on the criteria in order to be included in the incorporated 20 into the new MFQS Proposed Rule Change Received From MFQS.3 The MFQS has two ‘‘lists’’ in application, and two more are Members, Participants or Others which a fund may be included—the scheduled for implementation in early Written comments were neither News Media List and the Supplemental 2000. solicited nor received. List—and each list has its own The new browser-based MFQS eligibility requirements.4 If a fund upgrade became fully-operational in III. Date of Effectiveness of the Proposed qualifies for the News Media List, May 1999. Due to the significant costs Rule Change and Timing for pricing information about the fund is for development, maintenance, and Commission Action eligible for inclusion in newspaper fund support of the new MFQS product, Within 35 days of the date of tables and is also eligible for however, additional revenue is needed publication of this notice in the Federal dissemination over Nasdaq’s Level 1 to (1) sustain the quality of the MFQS; Register or within such longer period (i) 5 Service , which is distributed by market and (2) make future product as the Commission may designate up to enhancements to the MFQS, to improve 90 days of such date if it finds such 3 See NASD Rule 6800. efficiency and accuracy of price longer period to be appropriate and 4 Id. reporting. In addition, the MFQS is 5 Nasdaq Level 1 Service is a subscription-based publishes its reasons for so finding or data service that ‘‘includes the following data: (1) (ii) as to which the NASD consents, the Inside bid/ask quotations calculated for securities 4640, and 4650 Series and securities classified as Commission will: listed in the Nasdaq Stock Market and securities over-the-counter equity securities in the Rule 6600 A. by order approve the proposed rule Series.’’ NASD Rule 7010(a). quoted in the OTC Bulletin Board (OTCBB) service; change, or (2) the individual quotations or indications of 6 See NASD Rule 7090. interest of broker/dealers utilizing the OTCBB 7 See Securities Exchange Act Release No. 37014 service; and (3) last sale information on securities (March 22, 1996), 61 FR 14182 (File No. SR–NASD– 8 15 U.S.C. 78o–3(b)(5). classified as designated securities in the Rule 4630, 96–05). 9 15 U.S.C. 78o–3(b)(5).

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B. institute proceedings to determine in Items I, II, and III below, which Items company has been convicted of a felony whether the proposed rule change have been prepared by the Exchange. or misdemeanor relating to financial should be disapproved. On October 25, 1999, the Exchange issues (e.g., embezzlement, fraud, theft) submitted Amendment No. 1 to the in the past ten years. In addition, the IV. Solicitation of Comments proposed rule change.3 On December Exchange will review background Interested persons are invited to 16, 1999, the Exchange submitted materials available to its regarding the submit written data, views, and Amendment No. 2.4 The Commission is aforementioned individuals as part of arguments concerning the foregoing, publishing this notice to solicit the eligibility review process. including whether the proposed rule comments on the proposed rule change * * * * * change is consistent with the Act. from interested persons. Persons making written submissions Section 7 I. Self-Regulatory Organization’s should file six copies thereof with the Listing Applications Secretary, Securities and Exchange Statement of the Terms of Substance of Commission, 450 Fifth Street, NW, the Proposed Rule Change * * * * * Washington, DC 20549–0609. Copies of The proposed rule change consists of 703.11 Supplemental Listing Process the submission, all subsequent amendments to the Listed Company * * * * * amendments, all written statements Manual (‘‘Manual’’) to: (1) Implement (C) No supplemental listing with respect to the proposed rule regulatory reviews of key personnel applications will be approved for change that are filed with the associated with listing applicants; (2) companies that have been identified as Commission, and all written codify the Exchange’s procedures being below the Exchange’s continued communications relating to the regarding supplemental listing listing standards (see Para. 802.01) for proposed rule change between the applications for companies identified as issuances to new shareholders unless Commission and any person, other than being below continued listing standards; such issuance is determined to be those that may be withheld from the and (3) amend its disclosure consistent with an Exchange-approved public in accordance with the requirements for listed companies late plan (or its goals) pursuant to Para. provisions of 5 U.S.C. 552, will be in filing their form 10–K or annual 802.02 or Para. 802.03 as applicable. available for inspection and copying at report. The text of the proposed rule * * * * * the Commission’s Public Reference change follows. New text is italicized. Room. Copies of such filing will also be Deleted text is bracketed. Section 2 available for inspection and copying at NYSE Listed Company Manual Disclosure and Reporting Material the principal office of the NASD. All Information submissions should refer to File No. * * * * * SR–NASD–99–77 and should be * * * * * Section 3 203.00 Annual and Interim Reporting submitted by March 1, 2000. Corporate Responsibility Requirements For the Commission, by the Division of 203.01 Annual Report Requirement Market Regulation, pursuant to delegated * * * * * authority.10 315.00 Regulatory Review of Listing The Exchange requires that companies publish at least once a year Margaret H. McFarland, Candidates and their Significant Related Individuals and Entities and [submit] distribute to shareholders Deputy Secretary. an annual report containing financial [FR Doc. 00–2967 Filed 2–8–00; 8:45 am] Each listing applicant must provide the Exchange with a letter from counsel statements of the company and its BILLING CODE 8010±01±M representing that, to the company’s consolidated subsidiaries prepared in knowledge, no officer,* board member, conformity with generally accepted accounting principles. The company SECURITIES AND EXCHANGE no non-institutional shareholder with must distribute its annual report to its COMMISSION greater than 10% ownership of the shareholders not later than [three [Release No. 34±42364; File No. SR±NYSE± 3 In Amendment No. 1, the NYSE made several months] 120 days (225 days for non-US 99±14] clarifications to the proposed rule change, issuers) after the close of each fiscal incorporated appropriate provisions for Non-US year. [, but] Notwithstanding the Self-Regulatory Organizations; Notice issuers, and revised the procedures for the annual report requirement. See Letter to Richard Strasser, foregoing, domestic issuers must make of Filing of Proposed Rule Change and this distribution at least fifteen days in Amendment Nos. 1 and 2 Thereto by Assistant Director, Division of Market Regulation (‘‘Division’’), SEC, from James E. Buck, Senior Vice advance of the annual meeting. )Non-US the New York Stock Exchange, Inc. President and Secretary, NYSE, dated October 22, issuers are encouraged to do so when Relating to Amendments to the Listed 1999 (‘‘Amendment No. 1’’). possible.) When the annual report is Company Manual 4 In Amendment No. 2, the NYSE made several technical changes to the text of the proposed rule mailed to shareholders, two copies January 28, 2000. change and clarified that the supplemental listing should be sent to the Exchange together Pursuant to section 19(b)(1) of the application (‘‘SLAP’’) provision applies to Non-U.S. with advice as to the date of mailing to issuers. See Letter to Richard Strasser, Assistant shareholders. Securities Exchange Act of 1934 Director, Division, SEC, from James E. Buck, Senior (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Vice President and Secretary, NYSE, dated Companies may satisfy the annual notice is hereby given that on April 12, December 14, 1999 (‘‘Amendment No. 2’’). In distribution requirement either by 1999, the New York Stock Exchange, Amendment No. 2, the Exchange also requested distributing an annual report to share accelerated approval of the proposed rule change. holders, or by distributing to Inc. (‘‘NYSE’’ or ‘‘Exchange’’) filed with The Exchange withdrew this request as per the Securities and Exchange telephone conversation between Amy Bilbija, shareholders to Form 10–K (or Form 20– Commission (‘‘SEC’’ or ‘‘Commission’’) Counsel, NYSE, and Terri Evans, Special Counsel, F for Non-US issuers) filed with the SEC, the proposed rule change as described and Heather Traeger, Attorney, Division, SEC, on with an indication that it is distributed January 4, 2000. in lieu of a separate annual report. * As such term is defined by the Securities and 10 17 CFR 200.30–3(a)(12). Exchange Commission in Rule 16a–1(f) under the When the annual report (or Form 10–K 1 15 U.S.C. 78s(b)(1). Securities Exchange Act of 1934, or any successor or Form 20–F) is mailed to shareholders, 2 17 CFR 240.19b–4. rule. two copies should be sent to the

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Exchange together with advice as to the A. Self-Regulatory Organization’s to employees to further the financial date of mailing to shareholders. Statement of the Purpose of, and health of the company—a goal that is by Distribution by electronic means Statutory Basis for, the Proposed Rule its nature consistent with any approved (including by posting on the company’s Change plan. web site) will be effective only as to 1. Purpose Third, the Exchange proposes to beneficial holders who have given their amend its annual report requirements. prior consent to receiving the report in The purpose of the proposed rule The Exchange proposes to require that that form. Such consent must be in change is to implement several a company mail to shareholders by the writing, which may be in the form of enhancements to the Exchange’s specified date either an annual report or electronic mail. procedures and oversight of listed a Form 10–K (Form 20–F for Non-U.S. companies. First, the Exchange proposes A company that is unable to timely issuers) with an indication that is in lieu to institute a regulatory review file its Form 10–K or Form 20–F with the of the annual report.6 Due to longer procedure for listing applicants whereby SEC must notify the Exchange prior to mailing and processing time, Exchange staff would access media the SEC filing deadline, explaining the international companies will have a outlets, run Central Registration reason for the delay and the anticipated maximum period following the SEC Depository checks, and consult with filing deadlines of 45 days to mail either filing date. The Exchange will evaluate staff in the SEC’s Division of the annual report or Form 20–F (with an the circumstances and the continued Enforcement to identify any potential indication that it is in lieu of the annual listing status of the company, and at a issues of concern regarding the report), where domestic issuers have 30 minimum will require the company to applicant company’s board members, days.7 issue a press release indicating the officers (as the term ‘‘Officer’’ is defined delay, the reason for the delay and the in Section 16 of the Act), and non- For companies that are unable to anticipated filing date. In making its institutional shareholders with an timely file a Form 10–K (or Form 20–F), evaluation, the Exchange will consider interest in excess of 10 percent. In the Exchange proposes to consider why whether the company has released or addition, the Exchange will require each the filing cannot be made, evaluate the plans to release to the press information applicant company to submit a letter continued listing status of the company regarding its financial results for the from inside or outside counsel in light of the specific facts presented, fiscal year. Once the company does file representing that, to the company’s and require that the company issue a its Form 10–K (Form 20–F) with the SEC, knowledge, no officer, board member, or press release. Once the Form 10–K (or it must then distribute to shareholders non-institutional shareholder with more Form 20–F) is filed, the Exchange an annual report or a Form 10–K (Form than 10 percent ownership in the proposes to require a mailing of the 20–F) in lieu thereof no later than 15 company has been convicted of a felony Form 10–K (or Form 20–F) or an annual days (30 days for a non-US issuer) after or misdemeanor relating to financial report to shareholders within 15 days the filing. issues (e.g., embezzlement, fraud, or (30 days for a Non-U.S. issuer).8 (A)–(E) Unchanged. theft) in the past 10 years. Additionally, the Exchange proposes * * * * * Second, the Exchange proposes to to permit companies to distribute the annual reports or SEC forms [(F) Availability of Form 10–K When amend its procedures for processing electronically to beneficial holders who Annual Report is Delayed If distribution SLAPs submitted for consideration by give prior written consent. Such consent of the annual report to shareholders to companies that have been identified as must be in writing, which may be in the be delayed more than two weeks even being below the Exchange’s continued 5 form of electronic mail.9 though the Form 10–K has been filed, listing criteria. Upon receipt of a SLAP the company should release to the from such a company, Exchange staff Failure to comply with these financial press copies of the Form 10– would first determine whether or not requirements will result in presentation K together with a statement advising the SLAP is for an issuance to current of the company’s situation to Exchange that the annual report has been delayed shareholders (e.g., a stock split). If so, staff for appropriate action. Such action and the reason for the delay, specifying the application would be authorized. If, could include the determination to the date when the annual report will be however, the SLAP is for an issuance to proceed with suspension of trading and mailed and indicating that a copy of the new shareholders, the application will application to the SEC to delist the Form 10–K is available to shareholders be reviewed against the plan pursuant to security. which the company is operating to on request.] 2. Statutory Basis return to financial compliance with the * * * * * Exchange’s listing standards. If the The Exchange believes that the basis II. Self-Regulatory Organization’s proposed issuance is within the scope of under the Act for the proposed rule Statement of the Purpose of, and the plan, or furthers the goals of the change is the requirement under section Statutory Basis for, the Proposed Rule plan, it will be approved. Conversely, 6(b)(5)10 that an Exchange have rules Change the Exchange will deny authorization if that are designed to promote just and the proposed issuance is outside the equitable principles of trade, to remove In its filing with the Commission, the scope of the plan or contradicts its impediments to, and perfect the Exchange included statements goals. In this context, the Exchange mechanism of a free and open market concerning the purpose of and basis for recognizes that employee stock option the proposed rule change and discussed plans, although rarely a specific element 6 See Amendment No. 1, supra note 3. Domestic any comments it received on the of a financial plan, are customarily in companies are required to submit their annual proposed rule change. The text of these furtherance of the company’s objectives filings on Form 10–K to the SEC within 90 days of statements may be examined at the the fiscal year end. International companies are in that they are adopted to facilitate required to submit their annual filings on Form 20– places specified in Item IV below. The equity-based compensation to F within 180 days of the fiscal year end. Exchange has prepared summaries, set employees and thus provide incentive 7 Id. forth in Sections A, B, and C below, of 8 Id. the most significant aspects of such 5 This provision will apply to both U.S. and Non- 9 Id. statements. U.S. issuers. 10 15 U.S.C. 78f(b)(5).

VerDate 272000 17:58 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6434 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices and, in general, to protect investors and For the Commission, by the Division of SUMMARY: As part of its statutory the public interest. Market Regulation, pursuant to delegated authority and responsibility to analyze authority.11 sentencing issues, including operation B. Self-Regulatory Organization’s Margaret H. McFarland, of the federal sentencing guidelines, and Statement on Burden on Competition Deputy Secretary. in accordance with Rule 5.2 of its Rules The Exchange does not believe that [FR Doc. 00–2881 Filed 2–8–00; 8:45 am] of Practice and Procedure, the the proposed rule change will impose BILLING CODE 8010±01±M Commission proposed, in December any burden on competition that is not 1999, certain priorities as the focus of its necessary or appropriate in furtherance policy development work, including of the purposes of the Act. SECURITIES AND EXCHANGE amendments to guidelines, policy COMMISSION statements, and commentary, for the C. Self-Regulatory Organization’s amendment cycle ending May 1, 2000. Statement on Comments on the [Release No. 34±42377; File No. SR±Phlx± The Commission was reconstituted in Proposed Rule Change Received from 99±24] November 1999, in the middle of that Members, Participants or Others Self-Regulatory Organizations; Notice amendment cycle. Due to the resulting No written comments were solicited of Withdrawal of Proposed Rule constraints of an abbreviated or received with respect to the proposed Change by the Philadelphia Stock amendment cycle, the Commission has rule change. Exchange, Inc. Relating to the proposed as its priorities for the amendment cycle ending May 1, 2000 III. Date of Effectiveness of the Establishment of a Fee to Members for Receiving On-Line Options Information only those items the Commission might Proposed rule Change and Timing for be able to conclude by its statutory Commission Action February 2, 2000. deadline of May 1. Within 35 days of the date of On June 29, 1999, the Philadelphia The Commission published a notice publication of this notice in the Federal Stock Exchange, Inc. (‘‘Phlx’’ or of these proposed priorities in the Register or within such longer period (i) ‘‘Exchange’’) filed with the Securities Federal Register on December 8, 1999. as the Commission may designate up to and Exchange Commission See 64 FR 68,715, Dec. 8 ,1999. After 90 days of such date if it finds such (‘‘Commission’’) a proposed rule reviewing public comment received longer period to be appropriate and change, pursuant to Section 19(b)(1) of pursuant to this notice, the Commission publishes its reasons for so finding or the Securities Exchange Act of 1934 has decided to limit its current policy (ii) as to which the Exchange consents, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 to development priorities principally to the Commission will: adopt a fee for the transmission to the following areas: (i) Implementation members of option trade information on of legislative directives and other high (a) By order approve the proposed a real-time trade basis. Notice of the priority crime legislation enacted by the rule change, or proposed rule change was published on 105th Congress for which guideline (b) Institute proceedings to determine August 12, 1999, in the Federal amendments were not developed or whether the proposed rule change Register, to solicit comments from finalized by the previous Commission; should be disapproved. interested persons.3 On December 28, and (ii) resolution of a limited number IV. Solicitation of Comments 1999, the Exchange withdrew the of high priority circuit conflicts in proposed rule change.4 guideline interpretation, with the goal of Interested persons are invited to enhancing the consistency with which For the Commission, by the Division of submit written data, views, and Market Regulation, pursuant to delegated the guidelines are applied. arguments concerning the foregoing, authority.5 FOR FURTHER INFORMATION CONTACT: including whether the proposed rule Margaret H. McFarland, Michael Courlander, Public Affairs change, as amended, is consistent with Deputy Secretary. Officer, Telephone: (202) 502–4590. the Act. Persons making written SUPPLEMENTARY INFORMATION: submissions should file six copies [FR Doc. 00–2966 Filed 2–8–00; 8:45 am] BILLING CODE 8010±01±M Priorities.’’The specific policy thereof with the Secretary, Securities development issues that comprise the and Exchange Commission, 450 Fifth Commission’s finalized agenda are as Street, NW., Washington, DC 20549– follows— 0609. Copies of the submission, all UNITED STATES SENTENCING subsequent amendments, all written COMMISSION I. Legislative Directives statements with respect to the proposed The Commission has identified the rule change that are filed with the Sentencing Guidelines for United implementation of the following Commission, and all written States Courts directives as a priority for this communications relating to the AGENCY: United States Sentencing amendment cycle: proposed rule change between the Commission. (A) The No Electronic Theft (NET) Act Commission and any person, other than of 1997—Congress directed the ACTION: Notice of finalized policy those that may be withheld from the Commission, under emergency development agenda. public in accordance with the amendment authority, to ensure that: (1) provisions of 5 U.S.C. 552, will be The guideline penalties for intellectual available for inspection and copying at 11 17 CFR 200.30–3(a)(12). property offenses are sufficiently the Commission’s Public Reference 1 15 U.S.C. 78s(b)(1). stringent to deter those crimes; and (2) Room. Copies of such filing will also be 2 17 CFR 240.19b–4. the guidelines pertaining to intellectual available for inspection and copying at 3 Securities Exchange Act Release No. 41711 property offenses provide for the principal office of the Exchange. All (August 5, 1999), 64 FR 44073. consideration of the retail value and submissions should refer to File No. 4 See Letter from John Dayton, Counsel, Phlx, to Nancy Sanow, Senior Special Counsel, Division of quantity of infringed items. SR–NYSE–99–14 and should be Market Regulation, SEC, dated December 23, 1999. (B) The Telemarketing Fraud submitted by March 1, 2000. 5 17 CFR 200.30–3(a)(12). Prevention Act of 1998—Congress

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6435 directed the Commission, under manufacturing, importing, or trafficking convicted of an offense referenced to emergency authority, to provide: (1) in methamphetamine by reducing by that guideline or, alternatively, Substantially increased penalties for one-half the quantity of whenever the defendant’s relevant persons convicted of telemarketing methamphetamine required to trigger conduct included drug sales in a offenses; (2) an additional sentencing the various mandatory minimum protected location or involving a enhancement if the offense involved sentences in the drug statutes. protected individual. Compare United sophisticated means, including but not (B) Firearms Legislation—In Public States v. Chandler, 125 F.3d 892, 897– limited to sophisticated concealment Law 105–386, Congress amended 18 98 (5th Cir. 1997) (‘‘First, utilizing the efforts; and (3) an additional sentencing U.S.C. § 924(c) to: (1) Create a tiered Statutory Index located in Appendix A, enhancement for cases in which a large system of sentencing enhancement the court determines the offense number of vulnerable victims are ranges, each with a mandatory guideline section ‘most applicable to the affected by a fraudulent scheme or minimum and presumed life maximum, offense of conviction.’ ’’ Once the schemes. The Commission promulgated in cases in which a firearm is involved appropriate guideline is identified, a emergency amendments in September in a crime of violence or drug trafficking court can take relevant conduct into 1998 in response to this directive, but offense (the pertinent minimum account only as it relates to factors set they must be re-promulgated in this sentence being dependent on whether forth in that guideline); with United amendment cycle to be made the firearm was possessed, brandished, States v. Clay, 117 F.3d 317 (6th Cir.), permanent. or discharged); (2) change the cert. denied, 118 S. Ct. 395 (1997) (C) The Wireless Telephone mandatory minimum for second or (applying § 2D1.2 to defendant Protection Act of 1998—Congress subsequent convictions under § 924(c) convicted only of possession with intent directed the Commission to review and, from 20 to 25 years; and (3) broadly to distribute under 21 U.S.C. 841 (but if appropriate, amend the guidelines to define the term ‘‘brandish.’’ not convicted of any statute referenced provide an appropriate penalty for In Public Law 105–277 (section 121 of to § 2D1.2) based on underlying facts offenses involving the fraudulent the General Provisions), Congress indicating defendant involved a juvenile cloning of wireless telephones. amended 18 U.S.C. 922 to prohibit an in drug sales). (D) The Identity Theft and alien who is lawfully present in the (C) Whether the fraud guideline Assumption Deterrence Act of 1998— United States under a non-immigrant enhancement for ‘‘violation of any Congress directed the Commission to visa from possessing or otherwise being judicial or administrative order, review and, if appropriate, amend the involved in a firearms offense. injunction, decree, or process’’ guidelines to provide an appropriate III. Circuit Conflicts (§ 2F1.1(b)(4)(B)) applies to falsely penalty for each offense under 18 U.S.C. completing bankruptcy schedules and 1028 (fraud in connection with As it has in the past, the Commission forms. Compare United States v. Saacks, identification documents). has also identified as a priority the 131 F.3d 540 (5th Cir. 1997) (bankruptcy (E) The Protection of Children from resolution of a number of conflicts fraud implicates the violation of a Sexual Predators Act of 1998—Congress among the circuit courts on sentencing judicial or administrative order or directed the Commission to: (1) Provide guideline issues. See Braxton v. United process within the meaning of a sentencing enhancement for offenses States, 500 U.S. 344 (1991). The § 2F1.1(b)(3)(B)); with United States v. relating to the transportation of Commission, working with the Criminal Shadduck, 112 F.3d 523 (1st Cir. 1997) individuals for illegal sexual activity; (2) Law Committee of the Judicial (falsely filling out bankruptcy forms provide a sentencing enhancement if the Conference, the United States does not violate judicial process since defendant used a computer in Department of Justice, and other the debtor is not accorded a position of connection with a sexual offense against interested participants in the federal trust). a minor; (3) provide a sentencing criminal justice system, has identified (D) Whether sentencing courts may enhancement if the defendant the following circuit conflict issues as consider post-conviction rehabilitation knowingly misrepresented the priorities for this amendment cycle: while in prison or on probation as a defendant’s identity in connection with (A) Whether for purposes of basis for downward departure at a sexual offense against a minor; (4) downward departure from the guideline resentencing following an appeal. increase the penalties in any case in range a ‘‘single act of aberrant behavior’’ Compare United States v. Rhodes, 145 which the defendant engaged in a (Chapter 1, Part A, § 4(d)) includes F.3d 1375, 1379 (D.C. Cir. 1998) (post- pattern of activity involving the sexual multiple acts occurring over a period of conviction rehabilitation is not a abuse or exploitation of a minor; and (5) time. Compare United States v. prohibited factor and, therefore, amend the guidelines to clarify that the Grandmaison, 77 F.3d 555 (1st Cir. sentencing courts may consider it as a term ‘‘distribution of pornography’’ in 1996) (Sentencing Commission intended possible ground for downward the guidelines relating to distribution of the word ‘‘single’’ to refer to the crime departure at resentencing); with United child pornography applies to committed; therefore, ‘‘single acts of States v. Sims, 174 F.3d 911 (8th Cir. distribution for monetary remuneration aberrant behavior’’ include multiple acts 1999) (district court lacks authority at or for a non-pecuniary interest. leading up to the commission of the resentencing following an appeal to crime; the district court should review depart on ground of post-conviction II. Other High Priority Crime the totality of circumstances); with rehabilitation which occurred after the Legislation United States v. Marcello, 13 F.3d 752 original sentencing; refuses to extend The Commission will consider (3d Cir. 1994) (single act of aberrant holding regarding departures for post- amendments to the sentencing behavior requires a spontaneous, offense rehabilitation to conduct that guidelines to implement the following thoughtless, single act involving lack of occurs in prison; departure based on additional high priority crime planning). post-conviction conduct infringes on legislation: (B) Whether the enhanced penalties in statutory authority of the Bureau of (A) The Methamphetamine § 2D1.2 (Drug Offenses Occurring Near Prisons to grant good-time credits.). Trafficking Control Act of 1998—This Protected Locations or Involving (E) Whether a court can base an Act does not contain a directive, but it Underage or Pregnant Individuals) upward departure on conduct that was increased the penalties for apply only when the defendant is dismissed or uncharged as part of a plea

VerDate 272000 18:56 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6436 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices agreement in the case. Compare United Businesses with credit available and Political Activity Files. This system States v. Figaro, 935 F.2d 4 (1st Cir. elsewhere: 8.000% of records is maintained in connection 1991) (allowing upward departure based Businesses and non-profit organizations with the agency’s program on uncharged conduct) with United without credit available elsewhere: responsibilities. States v. Ruffin, 997 F.2d 343 (7th Cir. 4.000% The notice announced administrative 1993) (error to depart based on counts Others (including non-profit changes to prior system notices, to dismissed as part of plea agreement). organizations) with credit available update information about individuals elsewhere: 6.750% IV. Technical and Conforming covered by the system, records in the Amendments For Economic Injury system, authority for maintenance of the system, the system manager, The Commission expects to consider Businesses and small agricultural retrievability of records, access controls, several minor technical or conforming cooperatives without credit available and records source categories; to update amendments necessary for maintaining elsewhere: 4.000% legal citations; and to make technical the technical accuracy Guidelines The numbers assigned to this disaster corrections. The notice also announced Manual. are 323605 for physical damage and a proposed revision of the system notice Miscellaneous 9G6200 for economic injury. for OSC/GOVT–1, by amendment of the description of two existing routine uses, Reports, proposed amendments, and (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) and the addition of a new routine use. other information pertaining to the final policy development priorities described Dated: January 24, 2000. The November 19th notice also in this notice may be accessed through Aida Alvarez, advised that the revised and new the Commission’s website at Administrator. routine uses would become effective 30 www.ussc.gov. [FR Doc. 00–2949 Filed 2–8–00; 8:45 am] days after publication, unless comments received in writing by the OSC before The Commission received and BILLING CODE 8025±01±U considered public comment concerning then warranted further changes. Since other issues that the Commission should the OSC received no comments on the proposed revised and new routine uses, include in its priorities for this OFFICE OF SPECIAL COUNSEL amendment cycle. The Commission may they became effective on December 20, address these issues in the future. Privacy Act of 1974; System of 1999. Authority: 28 U.S.C. 994(a), (o); USSC Records Pursuant to 5 U.S.C. 552a(e)(4), this Rules of Practice and Procedure 5.2. notice is to correct a technical error in AGENCY: Office of Special Counsel. the numbering of certain routine uses Diana E. Murphy, ACTION: Notice of revised description of described in the November 19th notice. Chair. Privacy Act system of records. Specifically, the routine use identified [FR Doc. 00–2984 Filed 2–8–00; 8:45 am] as ‘‘h’’ inadvertently combined the text SUMMARY: The Office of Special Counsel BILLING CODE 2211±01±P of two separate routine uses, which (OSC) published a notice in the Federal should have been denominated as Register on November 19, 1999, relating routine uses ‘‘h’’ and ‘‘i.’’ to the system of records maintained in SMALL BUSINESS ADMINISTRATION connection with the agency’s program The description published at 64 FR responsibilities. The notice announced 63359 (November 19, 1999) of the [Declaration of Disaster #3236] administrative changes to prior system system of records known as OSC/ GOVT–1 is hereby incorporated by Commonwealth of Pennsylvania notices, as well as a proposed revision of the system notice for the system of reference, and is revised as incorporated Cumberland County and the records, by amendment of the to reflect the correct numbering and text contiguous counties of Adams, description of two existing routine uses, of routine uses ‘‘h’’ and ‘‘i,’’ as follows: Dauphin, Franklin, Perry, and York in and the addition of a new routine use. ‘‘h. To disclose information to any source the Commonwealth of Pennsylvania This notice revises the description of from which additional information is constitute a disaster area as a result of the system of records as published in requested (to the extent necessary to identify damages caused by a fire that occurred November to correct a technical error in the individual, inform the source of the on December 18, 1999 in the Borough of purpose(s) of the request, and to identify the the numbering of certain routine uses type of information requested), where Carlisle. Applications for loans for shown in that notice. necessary to obtain information relevant to physical damage as a result of this DATES: The revision made by this notice an agency decision concerning the hiring or disaster may be filed until the close of will be effective Febraury 9, 2000. retention of an employee, the issuance of a business on March 24, 2000, and for FOR FURTHER INFORMATION, CONTACT: security clearance, the conducting of a economic injury until the close of security or suitability investigation of an Erin M. McDonnell, Associate Special business on October 24, 2000 at the individual, the letting of a contract, or the Counsel for Planning and Advice, U.S. address listed below or other locally issuance of a license, grant, or other benefit; Office of Special Counsel, at (202) 653– announced locations: U.S. Small i. To disclose information to the Office of 8971, or the address shown below. Business Administration, Disaster Area Management and Budget (OMB) at any stage ADDRESSES: U.S. Office of Special in the legislative coordination and clearance 1 Office, 360 Rainbow Boulevard South, process in connection with private relief 3rd Floor, Niagara Falls, NY 14303. Counsel, 1730 M Street, NW, Washington, DC 20036–4505. legislation, as set forth in OMB Circular No. The interest rates are: A–19;’’ SUPPLEMENTARY INFORMATION: Pursuant For Physical Damage to 5 U.S.C. 552a(e)(4) and (11), the OSC Dated: February 2, 2000. Homeowners with credit available published a notice appearing at 64 FR Elaine Kaplan, elsewhere: 7.500% 63359 (November 19, 1999), relating to Special Counsel. Homeowners without credit available the system of records known as OSC/ [FR Doc. 00–2876 Filed 2–8–00; 8:45 am] elsewhere: 3.750% GOVT–1, OSC Complaint, Litigation BILLING CODE 7405±01±P

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DEPARTMENT OF STATE of Defense are conducting an open SUMMARY: In compliance with the meeting for all users of U.S. Paperwork Reduction Act of 1995, the [Public Notice No. 3214] Government-provided radionavigation Coast Guard intends to request the Notice of Meeting; International systems. The purpose of the meeting is approval of the Office of Management Telecommunication Advisory to obtain user perspectives on Federal and Budget (OMB) for the renewal of Committee Development Sector policies and plans for these systems. Information Collection Requests (ICRs). Systems to be covered include the These ICRs comprise: (1) Security of The Department of State announces Global Positioning System (GPS); Passenger Vessels and Passenger an open meeting for the purpose of differential GPS and other GPS Terminals, (2) Plan/Drawing Approval preparing for and forming the U.S. augmentations; Loran-C; VOR/DME; and Records for Safety Valves—46 CFR Delegation to the upcoming March 2–3, TACAN; Radiobeacons; and ILS/MLS. part 162, (3) Vital System Automation— 2000 meeting of the ITU-Development Input on all applications of these 46 CFR parts 52, 56, 58, 61, 62, 110, 111, Sector Telecommunications systems is welcome, including and 113, and (4) Marine Occupational Development Advisory Group (TDAG). navigation, positioning, surveying and Health and Safety Standards for The meeting will also prepare for mapping, timing, network Benzene. Before submitting the ICRs to additional ITU–D meetings that synchronization, and resource OMB, the Coast Guard is asking for includes the following: February 28: management. All users, equipment comments on the collections described Gender Issues; February 29 Private manufacturers, service providers, below. Sector Subgroup of the TDAG; March 1: Federal, State, and local government DATES: Comments must reach the Coast ITU–D Study Groups 1&2 Management personnel, and any others with an Guard on or before April 10, 2000. Team and TDAG Chairpersons and interest in these systems are encouraged ADDRESSES: You may mail comments to Vice-Chairs. The meeting will be held to attend. There is no registration fee to the Docket Management System (DMS) from 9:30–11:30 on Thursday, February attend this conference. 10, 2000, in Room 3524, Main State. The meeting will be held in (USCG–2000–6780), U.S. Department of Members of the general public may conjunction with the Civil GPS Service Transportation (DOT), room PL–401, attend these meetings and join in the Interface Committee meeting on March 400 Seventh Street SW., Washington, discussions, subject to the instructions 28, 29, and 30, 2000, at the Fair Oaks DC 20590–0001, or deliver them to room of the Chair. Admission of public Holiday Inn in Fairfax, Virginia. Federal PL–401, located on the Plaza Level of members will be limited to seating Government radionavigation policies the Nassif Building at the same address available. Entrance to the Department of and plans will be presented on March between 9 a.m. and 5 p.m., Monday State is controlled; people intending to 28 followed by reports on international through Friday, except Federal holidays. attend this meeting should send a fax to and timing GPS activities on March 29, The telephone number is 202–366– 202–647–7407 no later than 24 hours and State and Locality GPS activities on 9329. The Docket Management Facility before the meeting. This fax should the morning of March 30. The afternoon maintains the public docket for this provide the name of the meeting, (TDAG of March 30, beginning at 1 p.m. is Request. Comments will become part of Prep Meeting) and date of the meeting, reserved exclusively for questions and this docket and will be available for your name, social security number, date answers regarding current and future inspection or copying at room PL–401, of birth, and organizational affiliation U.S. Government policies and plans in located on the Plaza Level of the Nassif one of the following valid photo the Federal Radionavigation Plan. Building at the same address between 9 identifications will be required for FOR FURTHER INFORMATION CONTACT: For a.m. and 5 p.m., Monday through admittance: U.S. driver’s license, U.S. Further Information Contact: To obtain passport, U.S. Government Friday, except Federal holidays. You an information/registration package, may also access this docket on the identification card. Enter from the ‘‘C’’ please contact Carol-Ann Courtney at Street Main Lobby; in view of escorting Internet at http://dms.dot.gov. the Volpe National Transportation Copies of the complete ICRs are requirements, non-Government Systems Center; Conference Office available through this docket on the attendees should plan to arrive not later (DTS–930); 55 Broadway, Cambridge, Internet at http://dms.dot.gov and also than 15 minutes before the meeting MA 02142. Tel: (617) 494–2686. Fax: from Commandant (G–SII–2), U.S. Coast begins. (617) 494–2569. Guard Headquarters, room 6106 (Attn: Dated: February 3, 2000. Issued in Washington, DC on February 3, Barbara Davis), 2100 Second Street SW., Doreen F. McGirr, 2000. Washington, DC 20593–0001. The Chair, ITAC–D, U.S. Department of State. Joseph F. Canny, telephone number is 202–267–2326. [FR Doc. 00–3083 Filed 2–7–00; 12:40 pm] Deputy Assistant Secretary for Navigation FOR FURTHER INFORMATION CONTACT: BILLING CODE 4710±45±U Systems Policy. Barbara Davis, Office of Information [FR Doc. 00–2951 Filed 2–8–00; 8:45 am] Management, 202–267–2326, for BILLING CODE 4910±62±P questions on this document. With DEPARTMENT OF TRANSPORTATION questions on the docket, ask Dorothy Walker, Chief, Documentary Services Office of the Secretary DEPARTMENT OF TRANSPORTATION Division, U.S. Department of Transportation, 202–366–9330. Aviation, Marine and Land Coast Guard Radionavigation Users Conference [USCG±2000±6780] Request for Comments AGENCY: Office of the Assistant The Coast Guard encourages Secretary for Transportation Policy, Collection of Information by Agency interested persons to submit written DOT. Under Review by Office of comments. Persons submitting Management and Budget ACTION: Notice of conference. comments should include their names AGENCY: Coast Guard, DOT. and addresses, identify this document SUMMARY: The U.S. Department of (USCG–2000–6780) and the specific ICR ACTION: Request for comments. Transportation and the U.S. Department to which each comment applies, and

VerDate 272000 17:58 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm02 PsN: 09FEN1 6438 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices give the reason(s) for each comment. safety of personnel and property on DATES: Requests for international slots Please submit all comments and board vessels. Sections of 46 CFR parts must be submitted no later than May 10, attachments in an unbound format no 52, 56, 58, 62, 110, 111, and 113 contain 2000. larger than 81⁄2 by 11 inches, suitable for rules on the automation of vital systems. ADDRESSES: Requests may be submitted copying and electronic filing. Persons Respondents: Vessel designers, by mail to Slot Administration Office, wanting acknowledgment of receipt of shipyards, manufacturers, and vessel AGC–230, Office of the Chief Counsel, comments should enclose stamped, self- owners. 800 Independence Ave., SW., addressed postcards or envelopes. Frequency: On occasion. Washington, DC 20591; facsimile: 202– Burden: The estimated burden is Information Collection Requests 267–7668; ARING: DCAYAXD; email 57,375 hours annually. address: 9–A [email protected]. 1. Title: Security of Passenger Vessels 4. Title: Marine Occupational Health FOR FURTHER INFORMATION CONTACT: and Passenger Terminals. and Safety Standards for Benzene—46 Lorelei D. Peter, Airspace and Air OMB Control Number: 2115–0622. CFR part 197, subpart C. Summary: The purpose of the rules on Traffic Law Branch, Regulations OMB Control Number: 2115–0586. Division, Office of the Chief Counsel, the security of passenger vessels and Summary: To protect marine workers passenger terminals is to deter, or Federal Aviation Administration, 800 from exposure to toxic Benzene vapor, Independence Avenue, SW., mitigate the results of, terrorism and the Coast Guard implemented 46 CFR other unlawful acts against such vessels Washington, DC 20591; telephone part 197, subpart C. number: 202–267–3073. and terminals. The rules should reduce Need: This information collection is the likelihood of such acts and should vital to verifying compliance. Issued in Washington, DC on February 3, reduce the damage to property and Respondents: Vessel owners and 2000. injury to persons, if such acts occur. operators. James W. Whitlow, Need: 33 U.S.C. 1231 authorizes the Frequency: On occasion. Deputy Chief Counsel. Coast Guard to issue rules for the Burden: The estimated burden is [FR Doc. 00–2957 Filed 2–8–00; 8:45 am] program in ports and waters safety. 33 59,775 hours annually BILLING CODE 4910±13±M CFR, parts 120 and 128, contain the Dated: February 1, 2000. rules for the security for passenger G.N. Naccara, vessels and passenger terminals DEPARTMENT OF TRANSPORTATION regulations. Rear Admiral, U.S. Coast Guard, Director of Respondents: Certain owners of Information and Technology. Federal Railroad Administration passenger vessels and passenger [FR Doc. 00–2895 Filed 2–8–00; 8:45 am] terminals. BILLING CODE 4910±15±P Proposed Agency Information Frequency: On occasion. Collection Activities; Comment Burden: The estimated burden is Request 1,811 hours annually. DEPARTMENT OF TRANSPORTATION AGENCY: Federal Railroad 2. Title: Plan/Drawing Approval and Federal Aviation Administration Administration, DOT. Records for Safety Valves—46 CFR part ACTION: Notice. 162. Notice of Submission Deadline for OMB Control Number: 2115–0525. International Slots for the Winter 2000/ SUMMARY: In accordance with the Summary: Requirements for 2001 Scheduling Season Paperwork Reduction Act of 1995 and submission of plans and drawings and its implementing regulations, the AGENCY: Department of Transportation, test reports for safety equipment and Federal Railroad Administration (FRA) FAA. materials are necessary so the Coast hereby announces that it is seeking Guard can determine whether items ACTION: Notice of submission deadline. renewal of the following currently meet minimum levels of safety and approved information collection performance and whether they serve to SUMMARY: On October 1, 1999, the FAA amended the regulations governing activities. Before submitting these identify the approved items. information collection requirements for Need: 46 U.S.C. 3306 authorizes the takeoff and landing slots and slot allocation procedures at certain High clearance by the Office of Management Coast Guard to promulgate rules for the and Budget (OMB), FRA is soliciting safety of personnel and property on Density Traffic Airports as a result of the ‘‘Open Transborder’’ Agreement public comment on specific aspects of board vessels. Sections of 46 CFR part the activities identified below. 162 contain rules on approval of plans between the Government of the United and drawings for of safety valves. States and the Government of Canada. DATES: Comments must be received no Respondents: Equipment One element of this final rule later than April 10, 2000. manufacturers. established that the deadline for ADDRESSES: Submit written comments Frequency: On occasion. submission of requests for international on any or all of the following proposed Burden: The estimated burden is 58 slots will be published in a Federal activities by mail to either: Mr. Robert hours annually. Register notice for each scheduling Brogan, Office of Safety, Planning and 3. Title: Vital System Automation—46 season. The purpose of the amendment Evaluation Division, RRS–21, Federal CFR parts 52, 56, 58, 61, 62, 110, 111, is for the FAA deadline for international Railroad Administration, 1120 Vermont and 113. slots requests to coincide with the Ave., NW, Mail Stop 17, Washington, OMB Control Number: 2115–0548. International Air Transport Association DC 20590, or Ms. Dian Deal, Office of Summary: This collection pertains to deadline for submission of international Information Technology and the vital system automation on requests. In accordance with this Productivity Improvement, RAD–20, commercial vessels that is necessary to amendment, the FAA announces in this Federal Railroad Administration, 1120 protect personnel and property on board notice that the deadline for submitting Vermont Ave., NW, Mail Stop 35, U.S.-flag vessels. requests for international slots for Washington, DC 20590. Commenters Need: 46 U.S.C. 3306 authorizes the allocation under 14 CFR 93.217 is May requesting FRA to acknowledge receipt Coast Guard to promulgate rules for the 10, 2000. of their respective comments must

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6439 include a self-addressed stamped necessary for FRA to properly execute dedicated service, and the words postcard stating, ‘‘Comments on OMB its functions, including whether the ‘‘Dedicated Service’’ must be stenciled control number l. Alternatively, activities will have practical utility; (ii) on each side of the freight car body. comments may be transmitted via the accuracy of FRA’s estimates of the FRA uses the information to determine facsimile to (202) 493–6265 or (202) burden of the information collection whether the equipment is safe to operate 493–6170, or E-mail to Mr. Brogan at activities, including the validity of the and that the operation qualifies for [email protected], or to Ms. methodology and assumptions used to dedicated service. See 49 CFR 215.5 (c) Deal at [email protected]. Please determine the estimates; (iii) ways for (2), 215.5 (d). refer to the assigned OMB control FRA to enhance the quality, utility, and Form Number(s): N/A. number in any correspondence clarity of the information being Affected Public: Businesses. submitted. FRA will summarize collected; and (iv) ways for FRA to Respondent Universe: 685 railroads. comments received in response to this minimize the burden of information Frequency of Submission: On notice in a subsequent notice and collection activities on the public by occasion. include them in its information automated, electronic, mechanical, or Total Responses: 6. collection submission to OMB for other technological collection Estimated Annual Burden: 6 hours. approval. techniques or other forms of information Status: Regular Review. technology (e.g., permitting electronic FOR FURTHER INFORMATION CONTACT: Mr. submission of responses). See 44 U.S.C. Title: Remotely Controlled Railroad Robert Brogan, Office of Planning and 3506(c)(2)(A)(I)–(iv); 5 CFR Switch Operations. Evaluation Division, RRS–21, Federal 1320.8(d)(1)(I)–(iv). FRA believes that OMB Control Number: 2130–0516. Railroad Administration, 1120 Vermont soliciting public comment will promote Abstract: Title 49, Section 218.30 of Ave., NW, Mail Stop 17, Washington, its efforts to reduce the administrative the Code of Federal Regulations (CFR), DC 20590 (telephone: (202) 493–6292) and paperwork burdens associated with ensures that remotely controlled or Dian Deal, Office of Information the collection of information mandated switches are lined to protect workers Technology and Productivity by Federal regulations. In summary, who are vulnerable to being struck by Improvement, RAD–20, Federal FRA reasons that comments received moving cars as they inspect or service Railroad Administration, 1120 Vermont will advance three objectives: (i) reduce equipment on a particular track or, Ave., NW, Mail Stop 35, Washington, reporting burdens; (ii) ensure that it alternatively, occupy camp cars. FRA DC 20590 (telephone: (202) 493–6133). organizes information collection believes that production of notification (These telephone numbers are not toll- requirements in a ‘‘user friendly’’ format requests promotes safety by minimizing free.) to improve the use of such information; mental lapses of workers who are SUPPLEMENTARY INFORMATION: The and (iii) accurately assess the resources simultaneously handling several tasks. Paperwork Reduction Act of 1995 expended to retrieve and produce Sections 218.30 and 218.67 require the (PRA), Pub. L. No. 104–13, § 2, 109 Stat. information requested. See 44 U.S.C. operator of remotely controlled switches 163 (1995) (codified as revised at 44 3501. to maintain a record of each notification U.S.C. 3501–3520), and its Below are brief summaries of eight requesting blue signal protection for implementing regulations, 5 CFR part currently approved information fifteen days. Operators of remotely 1320, require Federal agencies to collection activities that FRA will controlled switches use the information provide 60-days notice to the public for submit for clearance by OMB as as a record documenting blue signal comment on information collection required under the PRA: protection of workers or camp cars. This activities before seeking approval for Title: Filing of Dedicated Cars. record also serves as a valuable resource reinstatement or renewal by OMB. 44 OMB Control Number: 2130–0502. for railroad supervisors and FRA U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), Abstract: Title 49, part 215 of the inspectors monitoring regulatory 1320.10(e)(1), 1320.12(a). Specifically, Code of Federal Regulations, prescribes compliance. FRA invites interested respondents to certain conditions to be followed for the Form Number(s): N/A. comment on the following summary of movement of freight cars that are not in Affected Public: Businesses. proposed information collection compliance with this Part. These cars Frequency of Submission: On activities regarding (i) whether the must be identified in a written report to occasion. information collection activities are FRA before they are assigned to Reporting Burden:

Respondent Average time CFR section universe Total annual per response Total annual Total annual (railroads) responses (minutes) burden hours burden cost

Blue Signal Protection ...... 350 3,600,000 records 4 240,000 $6,240,000 Camp cars ...... 600 4,000 notifications 4 267 6,942

Total Estimated Annual Burden: specific in nature and relate to items it may be readily identified and moved 240,267 hours. that have or could have caused to another location for repair purposes Status: Regular Review. accidents or incidents. Section 215.9 only. At the repair point, the ‘‘bad Title: Bad Order and Home Shop sets forth specific procedures that order’’ tag serves as a repair record. Card. railroads must follow when it is Railroads must retain each tag for 90 OMB Control Number: 2130–0519. necessary to move defective cars for days to verify that proper repairs were Abstract: Under 49 CFR part 215, each repair purposes. For example, railroads made at the designated location. FRA railroad is required to inspect freight must affix a ‘‘bad order’’ tag describing and State inspectors review all pertinent cars placed in service and take the each defect to each side of the freight records to determine whether defective necessary remedial action when defects car. It is imperative that a defective cars presenting an immediate hazard are are identified. Part 215 defects are freight car be tagged ‘‘bad order’’ so that being moved in transportation.

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Form Number(s): N/A. Total Responses: 35,000 cars employing railroad whether the Affected Public: Businesses. stencilled. individual is currently serving under a Frequency of Submission: On Average Time per Response: 45 disqualification order; and (iii) a occasion. minutes. disqualified individual to inform his Respondent Universe: 685 railroads. Estimated Total Annual Burden: new or prospective employer of the Total Responses: 50,000 tags. 26,250 hours. disqualification order and provide a Average Time per Response: 10 Status: Regular Review. copy of the same. Additionally, the minutes. Title: Disqualification Proceedings. regulations prohibit a railroad from Estimated Total Annual Burden: OMB Control Number: 2130–0529. employing a person serving under a Abstract: Under 49 U.S.C. 20111(c), 8,333 hours. disqualification order to work in a FRA is authorized to issue orders Status: Regular Review. safety-sensitive position. This disqualifying railroad employees, information serves to inform a railroad Title: Stenciling Reporting Mark on including supervisors, managers, and Freight Cars. whether an employee or prospective other agents, from performing safety- employee is currently disqualified from OMB Control Number: 2130–0520. sensitive service in the rail industry for performing safety-sensitive service Abstract: Title 49, Section 215.301 of violations of safety rules, regulations, based on the issuance of a the Code of Federal Regulations, sets standards, orders, or laws evidencing disqualification order by FRA. forth certain requirements that must be unfitness. FRA’s regulations, 49 CFR Furthermore, it prevents an individual followed by railroad carriers and private part 209, Subpart D, implement the currently serving under a car owners relative to identification statutory provision by requiring (i) a disqualification order from retaining marks on railroad equipment. FRA, railroad employing or formerly and obtaining employment in a safety- railroads, and the public refer to the employing a disqualified individual to sensitive position in the rail industry. stenciling to identify freight cars. disclose the terms and conditions of a Form Number(s): N/A. Form Number(s): N/A. disqualification order to the individual’s Affected Public: Businesses. new or prospective employing railroad; Affected Public: Businesses. Frequency of Submission: On (ii) a railroad considering employing an Frequency of Submission: On occasion. individual in a safety-sensitive position occasion/recordkeeping. Respondent Universe: 685 railroads. to ask the individual’s previous Reporting Burden:

Respondent Average time CFR section universe Total annual per response Total annual Total annual (railroads) responses (minutes) burden hours burden cost

Provide copy of disqualification order to new or pro- 685 3 orders ...... 30 1.5 $23 spective employer. Provide copy of disqualification order to prospective 685 1 notification ...... 30 .5 8 employer. Request copy of disqualification order from previous 685 Usual and cus- N/A N/A N/A employer. tomary proce- dure.

Total Estimated Burden: 2 hours. present when a warning system fails to maintenance, inspection, and testing Status: Regular Review. activate as a train approaches a grade standards are effective. FRA also uses Title: Grade Crossing Signal System crossing. FRA’s regulations require the information collected to alert Safety Regulations. railroads to take specific responses in railroad employees and appropriate OMB Control Number: 2130–0534. the event of an activation failure. FRA highway traffic authorities of warning Abstract: FRA believes that highway- uses the information to develop better system malfunctions so that they can rail grade crossing (grade crossing) solutions to the problems of grade take the necessary measures to protect accidents resulting from warning system crossing device malfunctions. With this motorists and railroad workers at the failures can be reduced. Motorists lose information, FRA is able to correlate grade crossing until repairs have been faith in warning systems that constantly accident data and equipment made. warn of an oncoming train when none Form Number(s): FRA-F–6180.83. is present. Therefore, the fail-safe malfunctions with the types of circuits feature of a warning system loses its and age of equipment. FRA can then Affected Public: Businesses. effectiveness if the system is not identify the causes of grade crossing Frequency of Submission: On repaired within a reasonable period of system failures and investigate them to occasion; recordkeeping. time. A greater risk of an accident is determine whether periodic Reporting Burden:

Respondent Average time CFR section universe Total annual per response Total annual Total annual (railroads) responses (minutes) burden hours burden cost

234.7ÐTelephone notification ...... 685 4 phone calls ...... 15 1 $35 234.9ÐGrade crossing signal system failure rpts ...... 685 800 reports ...... 15 200 7,000 234.9ÐNotification to train crew and highway traffic 685 800 notifications .... 15 200 7,000 control authority. 234.9ÐRecordkeeping ...... 685 800 records ...... 15 200 7,000

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Total Estimated Burden: 601 hours. person, that the net does comply with emergency braking from the rear of the Status: Regular Review. the safety standards of this section. FRA train. The information collected Title: Bridge Worker Safety Rules. and State inspectors use the information enhances rail safety by ensuring that the OMB Control Number: 2130–0535. to enforce the Federal regulations. The locomotive engineer is notified if information that is maintained at the job someone other than a train crew Abstract: Section 20139 of Title 49 of site also promotes safe bridge worker member tests the two-way end-of-train the United States Code required FRA to practices. devices at the initial terminal or other issue rules, regulations, orders, and Form Number(s): N/A. point of installation to confirm that the standards for the safety of maintenance- Affected Public: Businesses. device is capable of initiating an of-way employees on railroad bridges, Frequency of Submission: On emergency power brake application including for ‘‘bridge safety occasion. from the rear of the train. The equipment’such as nets, walkways, Respondent Universe: 685 railroads. information collected is also used by handrails, and safety lines, and Total Responses: 6 certifications. FRA to verify that the end-of-train requirements for the use of vessels when Average Time per Response: 20 telemetry equipment is properly work is performed on bridges located minutes. calibrated for accuracy according to the over bodies of water. FRA has added 49 Estimated Total Annual Burden: 2 manufacturer’s specifications at least CFR part 214 to establish minimum hours. every 365 days. Additionally, the workplace safety standards for railroad Status: Regular Review. information collected verifies that two- employees as they apply to railroad Title: Two-Way End-of-Train Devices. way-end-of-train device standards— bridges. Specifically, section 214.15(c) OMB Control Number: 2130–0540. such as the front unit having a manually establishes standards and practices for Abstract: Section 20141 of the United operated switch that is labeled safety net systems. Safety nets and net States Code amended the Federal Rail ‘‘Emergency’’ which can initiate an installations are to be drop-tested at the Safety laws by adding certain statutory emergency brake transmission job site after initial installation and mandates related to power brake safety, command to the rear unit (when before being used as a fall-protection specifically regarding two-way end-of- activated)—are met. system; after major repairs; and at six- train telemetry devices (two-way EOTs). month intervals if left at one site. If a This Section required two-way-end-of- Form Number(s): N/A. drop-test is not feasible and is not train devices (or devices able to perform Affected Public: Businesses. performed, then a written certification the same function) on road trains other Frequency of Submission: On must be made by the railroad or railroad than locals, road switchers, or work occasion. contractor, or a designated certified trains to enable the initiation of Reporting Burden:

Respondent CFR section universe Total annual Average time Total annual Total annual (railroads) responses per response burden hours burden cost

232.25(C)ÐNotification that test was performed ...... 245 450,000 tests ...... 30 seconds ...... 3,750 $168,750 232.25(d)ÐEnd-of-train Telemetry Equip...... 245 35,000 stickers ...... 1 minute ...... 583 168,750 232.25(d)ÐTwo-way end-of-train device Stds...... 245 17,571 stencils ...... 5 minutes ...... 1,464 68,880

Total Estimated Burden: 5,797 hours. DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Status: Regular Review. Henrietta Spinner at the National National Highway Traffic Safety Highway Traffic Safety Administration, Pursuant to 44 U.S.C. 3507(a) and 5 Administration Office of Safety Performance Standards CFR 1320.5(b), 1320.8(b)(3)(vi), FRA (NPS–32), 202–366–4802. 400 Seventh informs all interested parties that it may Reports, Forms and Record Keeping Street, SW, Room 5320E, Washington, not conduct or sponsor, and a Requirements Agency Information DC 20590. respondent is not required to respond Collection Activity Under OMB Review SUPPLEMENTARY INFORMATION: to, a collection of information unless it displays a currently valid OMB control AGENCY: National Highway Traffic National Highway Traffic Safety number. Safety Administration, DOT. Administration Authority: 44 U.S.C. 3501–3520. ACTION: Notice. Title: 49 CFR part 575 Consumer Information Regulations (Sections 103 Issued in Washington, DC on February 1, SUMMARY: In compliance with the and 105). 2000. Paperwork Reduction Act of 1995 (44 OMB Number: 2127—0049. Margaret B. Reid, U.S.C. 3501 et seq.), this notice Type of Request: Extension of a Acting Director, Office of Information announces that the Information currently approved collection. Technology and Support Systems, Federal Collection Request (ICR) abstracted Abstract: NHTSA must ensure that Railroad Administration. below has been forwarded to the Office motor vehicle manufacturers comply [FR Doc. 00–2836 Filed 2–8–00; 8:45 am] of Management and Budget (OMB) for with 49 CFR Part 575, Consumer BILLING CODE 4910±62±P review and comment. The ICR describes Information Regulation Part 575.103— the nature of the information collections Truck-camper loading and Part and their expected burden. The Federal 575.105—Utility Vehicles. Part 575.103, Register Notice with a 60-day comment requires that manufacturers of light period was published on October 27, trucks that are capable of 1999 (64 FR 57924–57925). accommodating slide-in campers to DATES: Comments must be submitted on provide information on the cargo weight or before March 10, 2000. rating and the longitudinal limits within

VerDate 272000 14:07 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM pfrm01 PsN: 09FEN1 6442 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices which the center of gravity for the cargo help implement the recommendations interested individuals offered to weight rating should be located. Part of the Common Ground Study, RSPA is participate on teams to facilitate the 575.105, requires that manufacturers of facilitating the establishment of an planning of the organization. utility vehicles affix a sticker in a organization to advance underground As a result of the October 28th prominent location alerting drivers that facility damage prevention. To achieve meeting, the following organizational the particular handling and this, four teams have been established: teams were formed: maneuvering characteristics of utility by-laws, finance, membership, and vehicles require special driving nominating. The purpose of this (1) A By-laws Team to: Develop practices when these vehicles are meeting is to provide a forum for these charter, mission statement and goals for operated. organizational teams and interested the organization; define the scope and Affected Public: Motor vehicle public to begin the development of the boundaries of the organization; establish manufacturers of light trucks and utility organization. organizational structure; and identify organizational functions, including vehicles. DATES: The public meeting will be held Estimated Total Annual Burden: 300. public education possible data analyses on Thursday, February 17, 2000, from and serving as a clearing house for ADDRESSES: Send comments, within 30 9:00 a.m. to 4:30 p.m. This meeting is research and development. days, to the Office of Information and open to the public. (2) A Finance Team to: develop a Regulatory Affairs, Office of ADDRESSES: The public meeting will be Management and Budget, 725–17th held at the Sheraton International Hotel business plan, including costs of Street, NW, Washington, DC 20503, at BWI, 7032 Elm Road BWI Airport, operations, sources of revenue, Attention NHTSA Desk Officer. MD. For Reservations, call 410–859– mechanisms for funding, contributory Comments are invited on: Whether 3300. A block of rooms is being held levels for different participants; the proposed collection of information until February 7, 2000, under ‘‘DOT processes for receiving income and is necessary for the proper performance Damage Prevention Meeting.’’ accounting; identification of major of the functions of the Department, financial contributors, charter members, FOR FURTHER INFORMATION CONTACT: including whether the information will donors, staff and other resources needed Eben M. Wyman, (202) 366–0918, or by have practical utility; the accuracy of to support the organization. e-mail at [email protected], the Departments estimate of the burden regarding the subject matter of this (3) A Membership Team to: determine of the proposed information collection; notice. protocol and criteria for nominating and ways to enhance the quality, utility and selecting members; determine clarity of the information to be INFORMATION ON SERVICES FOR appropriate types of representation to collected; and ways to minimize the INDIVIDUALS WITH DISABILITIES: For serve in the organization; and establish burden of the collection of information information on facilities or services for membership recruitment procedures on respondents, including the use of individuals with disabilities or to and policies. automated collection techniques or request special assistance at the (4) A Nominating Team may be other forms of information technology. meetings, contact Eben Wyman at the formed to identify representatives for A Comment to OMB is most effective address or phone number listed under the executive board. This group would if OMB receives it within 30 days of FOR FURTHER INFORMATION CONTACT as be formed once the organization’s by- publication. soon as possible. laws have been established. Herman L. Simms, SUPPLEMENTARY INFORMATION: The Transportation Equity Act for the 21st An executive team, known as the Associate Administrator for Administration. Century (TEA–21) authorized a Evolution Team, oversees the four [FR Doc. 00–2952 Filed 2–8–00; 8:45 am] comprehensive study of damage organizational teams. These teams have BILLING CODE 4910±59±P prevention and one call center practices. initiated their work via conference calls, In response to TEA–21, RSPA initiated and will meet for the first time at the February 17th meeting, which is open to DEPARTMENT OF TRANSPORTATION the Common Ground study, which provided industry and government the public. Research and Special Programs stakeholders the opportunity to work The February 17th public meeting Administration cooperatively to address the many will consist of a plenary session with all issues of underground damage team representatives as well as other [Docket No. RSPA±98±4029; Notice 5] prevention. This study team produced interested parties, followed by breakout an unprecedented collection of best Pipeline Safety: Damage Prevention sessions to provide each team the practices in one call and damage ``Path Forward'' opportunity to meet and begin their prevention programs. The final work. The organizational teams will AGENCY: Research and Special Programs Common Ground Study was presented report-out to all meeting attendees at the Administration (RSPA); Office of to the Secretary of Transportation at a end of the day, time permitting. Pipeline Safety (OPS). public meeting held on June 30, 1999. RSPA welcomes all interested parties ACTION: Notice of public meeting. On October 28, 1999, RSPA held a to attend and participate in this public public meeting in Baltimore, MD, to meeting to continue the development of SUMMARY: This notice is to announce the plan for the establishment of an this organization to promote and next public meeting of RSPA’s organization to advance underground encourage underground facility damage continuing efforts to prevent damage to facility damage prevention building on prevention. underground facilities. Last year, RSPA the spirit of cooperation developed by assembled a study team of over 160 Common Ground. RSPA collected Issued in Washington, DC on February 3, industry and government stakeholders comments regarding elements of a 2000. to identify best practices for one call mission statement, goals, functions, and Richard B. Felder, centers and damage prevention organizational structure needed for an Associate Administrator for Pipeline Safety. programs. Their findings were issued in effective organization. Guiding [FR Doc. 00–2924 Filed 2–8–00; 8:45 am] a report titled ‘‘Common Ground.’’ To principles were proposed, and BILLING CODE 4910±60±P

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DEPARTMENT OF THE TREASURY Dated: February 1, 2000. Type of Review: Reinstatement, John J. Mannion, without change, of a previously Internal Revenue Service Program Manager, Taxpayer Advocate approved collection for which approval Service. has expired. Open Meeting of Citizen Advocacy [FR Doc. 00–2964 Filed 2–8–00; 8:45 am] Panel, Midwest District Abstract: This form letter is used to BILLING CODE 4830±01±U request medical evidence from an AGENCY: Internal Revenue Service (IRS), insured’s attending physician or Treasury hospital in connection with continuing ACTION: Notice DEPARTMENT OF VETERANS disability insurance benefits. AFFAIRS SUMMARY: An open meeting of the An agency may not conduct or Midwest Citizen Advocacy Panel will be [OMB Control No. 2900±0121] sponsor, and a person is not required to held in Milwaukee, Wisconsin. respond to a collection of information Agency Information Collection DATES: The meeting will be held unless it displays a currently valid OMB Activities Under OMB Review Thursday, February 24, 2000, and control number. The Federal Register Friday, February 25, 2000. AGENCY: Veterans Benefits Notice with a 60-day comment period FOR FURTHER INFORMATION CONTACT: Administration, Department of Veterans soliciting comments on this collection Sandra McQuin at 1–888–912–1227, or Affairs. of information was published on 414–297–1604. ACTION: Notice. September 20, 1999, at pages 50866– SUPPLEMENTARY INFORMATION: Notice is 50867. hereby given pursuant to Section SUMMARY: In compliance with the Affected Public: Individuals or 10(a)(2) of the Federal Advisory Paperwork Reduction Act (PRA) of 1995 Households. (44 U.S.C., 3501 et seq.), this notice Committee Act, 5 U.S.C. App. (1988) Estimated Annual Burden: 61 hours. that a working meeting of the Citizen announces that the Veterans Benefits Advocacy Panel (CAP) will be held Administration (VBA), Department of Estimated Average Burden Per Thursday, February 24, 2000, from 9:00 Veterans Affairs, has submitted the Respondent: 15 minutes. a.m. to 5:00 p.m. and Friday, February collection of information abstracted Frequency of Response: On occasion. 25, 2000, from 9:00 a.m. to Noon at below to the Office of Management and Budget (OMB) for review and comment. Estimated Number of Respondents: Courtyard Marriott, Meeting Room B, 244. 300 W. Michigan Street, Milwaukee, WI. The PRA submission describes the The Citizen Advocacy Panel is soliciting nature of the information collection and Send comments and public comment, ideas, and suggestions its expected cost and burden; it includes recommendations concerning any on improving customer service at the the actual data collection instrument. aspect of the information collection to Internal Revenue Service. Written DATES: Comments must be submitted on VA’s OMB Desk Officer, Allison Eydt, comments can be submitted to the panel or before March 10, 2000. OMB Human Resources and Housing by faxing to (414) 297–1623, or by mail FOR FURTHER INFORMATION OR A COPY OF Branch, New Executive Office Building, to Citizen Advocacy Panel, Mail Stop THE SUBMISSION CONTACT: Denise Room 10235, Washington, DC 20503 1006 MIL, 310 West Wisconsin Avenue, McLamb, Information Management (202) 395–4650. Please refer to ‘‘OMB Milwaukee, WI 53203–2221. The Service (045A4), Department of Control No. 2900–0121’’ in any Agenda will include the following: Veterans Affairs, 810 Vermont Avenue, correspondence. Various IRS issue updates and reports NW, Washington, DC 20420, (202) 273– Dated: December 23, 1999. by the CAP sub-groups, presentation of 8030 or FAX (202) 273–5981. Please By direction of the Secretary. taxpayer issues by individual members, refer to ‘‘OMB Control No. 2900–0121.’’ Sandra S. McIntyre, CAP office report, and discussion of SUPPLEMENTARY INFORMATION: issues. Title: Obtaining Supplemental Management Analyst, Information Management Service. Note: Last minute changes to the agenda Information from Hospital or Doctor, VA are possible and could prevent effective FL 29–551b. [FR Doc. 00–2969 Filed 2–8–00; 8:45 am] advance notice. OMB Control Number: 2900–0121. BILLING CODE 8320±01±P

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Corrections Federal Register Vol. 65, No. 27

Wednesday, February 9, 2000

This section of the FEDERAL REGISTER 2432.114 [Corrected] SECURITIES AND EXCHANGE contains editorial corrections of previously On page 3573, in the second column, COMMISSION published Presidential, Rule, Proposed Rule, in designated paragraph 9., in 2432.114, and Notice documents. These corrections are in the second line, ‘‘had’’ should read 17 CFR Part 232 prepared by the Office of the Federal ‘‘head’’. Register. Agency prepared corrections are issued as signed documents and appear in [FR Doc. C0–532 Filed 2–8–00; 8:45 am] [Release Nos. 33-7789; 34-42327; 35-27123; the appropriate document categories BILLING CODE 1505±01±D 39-2380; IC-24235] elsewhere in the issue. RIN 3235-AG96 SECURITIES AND EXCHANGE DEPARTMENT OF HEALTH AND COMMISSION Adoption of Updated EDGAR Filer HUMAN SERVICES [Release No. 34-42210; File No. SR-MSRB- Manual 9910] National Institutes of Health Correction Self-Regulatory Organizations; Notice In rule document 00–1123, beginning Government-Owned Invention; of Filing and Immediate Effectiveness on page 3123, in the issue of Thursday, Availability for Licensing: ``Therapeutic of Proposed Rule Change by the Methods to Treat Tumor Cells--Mutated Municipal Securities Rulemaking January 20, 2000, make the following Anthrax Toxin Protective Antigen Board Amending Rule A-4(d), ``Action correction: Proteins That Specifically Target Cells Without a Meeting'' On page 3124, in the first column, in Containing High Amounts of Cell- footnote 7, in the third line, ‘‘omcide’’ Surface Metalloproteinases or December 9, 1999. should read ‘‘include’’. Plasminogen Activators'' Correction [FR Doc. C0–1123 Filed 2–8–00; 8:45 am] Correction In notice document 99–32473, BILLING CODE 1505±01±D beginning on page 70099, in the issue of In notice document 00–1423 Wednesday, December 15, 1999, make appearing on page 3466 in the issue of the following correction: DEPARTMENT OF TRANSPORTATION Friday, January 21, 2000, make the On page 70099, in the third column, following correction: the date line is corrected to read as set Federal Aviation Administration In the second column, in the second forth above. full paragraph, in the first line, ‘‘60/ 14 CFR Part 39 [FR Doc. C9–32473 Filed 2–8–00; 8:45 am] 155,061’’ should read ‘‘60/155,961’’. BILLING CODE 1505±01±D [FR Doc. C0–1423 Filed 2–8–00; 8:45 am] [Docket No. 97-NM-133-AD; Amendment 39- BILLING CODE 1505±01±DS4734 11536; AD 2000-02-18] SECURITIES AND EXCHANGE COMMISSION RIN 2120±AA64 DEPARTMENT OF HOUSING AND [Release No. 34-42328; File No. SR-OPRA- URBAN DEVELOPMENT 00-01] Airworthiness Directives; Boeing Model 737±100, ±200, ±300, ±400, and 48 CFR Parts 2401, 2402, 2403, 2409, Options Price Reporting Authority; ±500 Series Airplanes 2413, 2414, 2415, 2416, 2419, 2424, Notice of Filing and Order Granting 2425, 2426, 2428, 2432, 2433, 2436, Accelerated Effectiveness of Correction 2437, 2439, 2442, 2446, 2451, 2452 and Amendment to OPRA Plan Adopting a In rule document 00–2085 beginning 2453 Temporary Capacity Allocation Plan on page 5238 in the issue of Thursday, [Docket No. FR-4115-F-03] January 11, 2000. February 3, 2000, make the following correction: Correction RIN 2435-AA24 In notice document 00–1170 §39.13 [Corrected] HUD Acquisition Regulation; beginning on page 2998, in the issue of On page 5240, in the second column, Wednesday, January 19, 2000, make the Miscellaneous Revisions in §39.13, under Applicability:, in the following correction: Correction On page 2998, in the third column, 5th line, ‘‘(P/N) 65–44861–(D)’’ should read ‘‘(P/N) 65–44861–( )’’. In rule document 00–532 beginning the date line is corrected to read as set on page 3572 in the issue of Friday, forth above. [FR Doc. C0–2085 Filed 2–8–00; 8:45 am] January 21, 2000, make the following [FR Doc. C0–1170 Filed 2-8-00; 8:45 am] BILLING CODE 1505±01±D correction: BILLING CODE 1505±01±D

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Part II

Department of Transportation Office of the Secretary

14 CFR Parts 200, 211, 213, etc. Rules of Practice in Proceedings; Final Rule

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DEPARTMENT OF TRANSPORTATION economic proceedings before the A number of the subparts are being Department of Transportation. These reordered so that the rules of general Office of the Secretary rules had not been comprehensively applicability (revised Subpart A) come reviewed and updated since 1985 when first, followed by rules pertaining to the 14 CFR Parts 200, 211, 213, 216, 291, the aviation economic functions of the Department’s ‘‘permanent’’ licensing 300, 302, 303, 305, 377, 385, and 399 Civil Aeronautics Board (CAB) were functions, i.e., issuance of U.S. air [Docket No. OST±97±2090] transferred to the Department as a result carrier certificates and foreign air carrier of the CAB’s ‘‘sunset.’’ permits (new Subpart B, current RIN 2105±AC48 In his Regulatory Reinvention Subparts I and Q), rules pertaining to ‘‘temporary’’ licensing functions, i.e., Rules of Practice in Proceedings Initiative Memorandum of March 4, 1995, President Clinton directed Federal exemptions (new Subpart C, current AGENCY: Office of the Secretary, agencies to conduct a page-by-page Subpart D), rules on enforcement of Department of Transportation. review of all of their regulations and to those licenses and other Department ACTION: Final rule. ‘‘eliminate or revise those that are regulations (new Subpart D, current outdated or otherwise in need of Subpart B), and rules on rates, fares, and SUMMARY: The Department is finalizing, reform.’’ In response to that directive, charges, i.e., prices for foreign air with certain exceptions, a Notice of the Department undertook a review of transportation (revised Subpart E), Proposed Rulemaking (NPRM) (62 FR its aviation economic regulations as airport fees (revised Subpart F), and 5094, Feb. 3, 1997) to revise 14 CFR part contained in 14 CFR chapter II. Not mail rates and contracts (new Subpart G, 302 in order to eliminate unnecessary unexpectedly in reviewing part 302, we current Subparts C and O). verbiage and obsolete provisions and to identified a number of provisions and Current Subpart J, Rules Applicable to make technical changes to make the references that were obsolete, requiring Proceedings Involving Charter Air rules current. The final rule also technical and editorial revisions to Carriers, is being removed. This subpart includes certain changes implementing make them current, and areas where contains procedural rules for the the electronic filing component of the changes were needed to bring the rules immediate suspension of a charter air Department’s Docket Management into conformance with the Department’s carrier’s certificate. To our knowledge, System (DMS). All reserved subparts are current needs and practices and to this rule has never been used and is being removed, and the remaining facilitate their use by the public. redundant with respect to other subparts are being reorganized and Toward that end, the Department issued authority and procedures. renumbered to make their arrangement a Notice of Proposed Rulemaking Subparts G, H, K, L, M, N, and P, more logical and to emphasize (NPRM) (62 FR 5094, February 3, 1997) which are currently ‘‘reserved,’’ are also procedures applicable to the much more to revise part 302. being removed. commonly used written (as opposed to oral) proceedings. The rulemaking also The Changes Subpart A—Rules of General adds procedures for slot exemptions at Applicability currently sets forth the Except as otherwise discussed below general rules that apply to all high-density airports. The NPRM in the section summarizing and proposed a number of changes in the proceedings before the Department. The resolving issues raised in the comments changes to Subpart A include the time periods for filing responsive received, we are adopting the changes as documents in licensing cases, which we addition of a definitions section proposed in the NPRM. Because of the (§ 302.2) which include definitions are adopting. A number of commenters extent and number of changes being proposed further changes to the filing drawn from other sections of the current made, we are reissuing part 302 in its rule (e.g., DOT decisionmaker) as well periods. Based on these comments, we entirety. Unless noted, as with statutory have decided to re-evaluate all of the as new definitions (e.g., party, non- re-codifications, no changes in the hearing case) or revised definitions. The prescribed time periods in part 302 and wording or organization of part 302 are will issue a supplemental notice of final rule also includes certain changes intended to make a substantive change implementing the electronic filing proposed rulemaking on this matter. In in the rules affected. The most addition, as noted in the preamble to the component of the Department’s Docket noteworthy of the substantive revisions Management System (DMS). NPRM, we are also amending those being adopted are as follows: rules in 14 CFR Chapter II containing Some sections in Subpart A are being now incorrect references to specific General reorganized. For example, requirements sections in part 302. Finally, one Part 302 is extensive, with different for filing documents (§ 302.3) are being provision in part 302 is being relocated subparts governing different types of revised to include provisions on the to part 300, Rules of Conduct in DOT proceedings. In general, the changes prohibition and dismissal of certain Proceedings Under This Chapter. include eliminating redundancies, documents, and the discussion on EFFECTIVE DATE: The rule shall become obsolete provisions and wordiness; motions for leave to file otherwise effective on March 10, 2000. resequencing sections within subparts unauthorized documents, presently FOR FURTHER INFORMATION CONTACT: to place them in a more logical order to contained in the general requirements Patricia L. Thomas or Carol A. Woods, ‘‘track’’ the course of a particular type for documents (§ 302.4), is being Office of Aviation Analysis, X–56, U.S. of proceeding; and reorganizing and relocated to the section on responsive Department of Transportation, 400 renumbering subparts to place a greater documents (§ 302.6(c)). Seventh Street, SW, Washington, DC emphasis on procedures used in written Provisions are being added to specify 20590, (202) 366–9721. proceedings (i.e., non-oral evidentiary when an application may be amended SUPPLEMENTARY INFORMATION: proceedings) which are used in the when the application has not been set majority of cases handled. Some for hearing—e.g., prior to the issuance of Background sections are being separated or an order establishing further procedures 14 CFR part 302, Rules of Practice in combined and titles added or revised for or disposing of the application (§ 302.5). Proceedings, contains the regulations clarity and ease in locating specific Service of documents (new § 302.7) is that govern the conduct of all aviation provisions. being revised to allow for service by

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Replies are routinely filed proposed § 302.7(h) to the Department’s hearing matters—is being redesignated in such cases (accompanied by a motion Alaska Field Office, since that office has § 300.18 in part 300 of this chapter, for leave to file), are permitted in been closed. which covers rules of conduct in DOT response to answers to show-cause A provision is being added in the proceedings). orders issued in such proceedings, and section on requests for confidential Subpart B—Rules Applicable to U.S. are of benefit to the Department in treatment of information (new § 302.12) Air Carrier Certificate and Foreign Air analyzing the information and to allow limited disclosure to the parties Carrier Permit Licensing Proceedings allegations in any filed answer. in a proceeding upon submission of replaces and revises current Subparts I We are adding a provision to specify affidavits by those parties agreeing to and Q with respect to licensing that, in U.S. air carrier certificate cases, protect the confidentiality of the procedures for new U.S. certificated and the order establishing further documents in accordance with a foreign air carriers and the conduct of procedures will be issued in 90 days Department order. international route proceedings. after a complete application is filed All of the paragraphs that pertain only The new Subpart B is being organized (new §§ 302.211(b) and 302.212(e)). This to oral evidentiary hearings are being to indicate more clearly what evidence clarification, which reflects the moved to the end of the subpart (new requirements and filing and review provision in current § 302.1713 (new §§ 302.17–302.37) to alleviate confusion procedures will be followed in each § 302.209) that the time periods over the procedures that are applicable type of licensing case. Thus, current contained in the subpart would not only to those types of proceedings and § 302.1720, which applies to certificate begin to run until the application is those applicable to non-hearing cases, cases in general, contains provisions on complete, is intended to alleviate any which now comprise the bulk of the filing conforming applications or confusion over when a DOT order proceedings that the Department motions to modify the scope of a taking action on an application would handles. proceeding that are applicable to be issued, since many certificate The section on administrative law international route cases but not applications are not complete when judges (new § 302.17) is being revised to applicable to initial fitness cases. submitted and must be deferred pending specify the powers of the judges and to Provisions pertaining solely to receipt of supplementary information. include the delegation of authority to international route cases are being The section on the disposition of the judges to make decisions in hearing combined in new § 302.212; those applications (new § 302.210) is being proceedings (current § 302.27(a)). pertaining to initial or continuing reorganized to reflect the current The section on the DOT fitness cases for U.S. carriers are being practices employed in the majority of decisionmaker (new § 302.18) is being placed in new § 302.211; and those application cases of using show-cause revised to reorder the text to eliminate pertaining to foreign air carrier permit procedures or final orders, rather than duplication and to reflect that the cases are being included in new instituting an oral evidentiary hearing. majority of cases are decided by using § 302.213. A provision is being added to current non-hearing proceedings. A provision is being added (new § 302.1757 (new § 302.220(b)(2)) to The list of officially noticeable § 302.202(a)) stating that, in those cases clarify that if the DOT decisionmaker documents, included in the evidence involving the initial or continuing does not act within 90 days of the section (§ 302.24), is being updated and fitness of a U.S. air carrier, any issuance of an initial decision by an reorganized so that documents filed application filed should also contain the administrative law judge, that decision with or compiled by the Department, supporting fitness information required becomes the final decision of the including the Federal Aviation by part 204 of this chapter. Department. Administration, are listed first followed The requirement to serve copies of Current § 302.1760, which pertains to by documents filed with or compiled by pleadings on other parties is being internal procedures of the Department, other government agencies and then revised for proceedings involving is being eliminated as unnecessary. private organizations (§ 302.24(g)). foreign air carrier permit applications to Subpart C—Rules Applicable to A new section specifying the actions conduct scheduled operations to Exemption Proceedings replaces and that can be taken by administrative law include the airport authority of any U.S. revises current Subpart D, which sets judges after a hearing, including issuing airport that the applicant initially forth procedural rules for U.S. and initial or recommended decisions proposes to serve (new foreign air carriers to follow in applying (which would be defined in the rule) or § 302.203(b)(2)(C)). Service on such for exemption authority under section certifying the record to the DOT parties is already required and is being 40109 of Subtitle VII of Title 49 of the decisionmaker is being added (§ 302.31). retained in U.S. air carrier certificate United States Code (‘‘the Statute’’). It A provision is being added stating that, application proceedings (new adds proceedings for slot exemptions at in the case of a recommended decision, § 302.203(b)(1)). high-density airports under section unless a petition for discretionary We are also eliminating the separate 41714 of the Statute to its scope. It also review, exceptions, or a notice by the regulatory procedures and time periods gives guidance to U.S. and foreign air DOT decisionmaker taking review was for responsive pleadings for certificate carrier applicants on the specific filed, the judge’s decision would be restriction removal cases (current information they must file. forwarded to the President for review §§ 302.1730). Such cases are rare and New § 302.302(b) revises the names of under 49 U.S.C. 41307 as the can be handled under the same rules the offices where exemption Department’s final order. and timeframes as international route applications are to be filed to the U.S. Some sections are being removed award cases. If different procedures or Air Carrier Licensing Division or from this subpart if they pertain only to timetables are required in a specific Foreign Air Carrier Licensing Division, specific types of cases (e.g., § 302.13, case, the Department can establish those as appropriate, in the Office of joinder of complaints or complainants, in a procedural order at the outset of International Aviation. New is being moved to new Subpart D such proceeding. § 302.302(b)(4) is being revised to concerning enforcement proceedings), We are adding a provision to allow permit the filing of exemption requests or if they more logically belong in other specifically for the filing of replies to by facsimile and electronic mail (when

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Under deregulation pricing simplified to ‘‘carrier’’. changed to ‘‘unreasonable’’ in policies and procedures, fare decreases Also to conform to the rest of the part, paragraphs (3) and (4) of new or rule liberalizations do not need any any references to numbers of days in § 302.303(d) to reflect a change in this justification. numerical form, e.g., 7, will now also language in section 40109(g)(1)(C) of the Subpart F—Rules Applicable to include the word for that number, e.g., Statute. Proceedings Concerning Airport Fees ‘‘seven (7)’’. Subpart D—Rules Applicable to contains the specific rules that apply to References to other numbered Enforcement Proceedings replaces and a complaint filed by one or more U.S. sections in the subpart are being revises current Subpart B, which or foreign air carriers for a updated to reflect the new section contains the specific rules governing determination of the reasonableness of a numbers, e.g., the reference to actions or proceedings by which the fee increase or a newly established fee §§ 302.611 and 302.613 will now be Department enforces the aviation imposed upon the carrier by the owner § 302.606. economic provisions of the Statute and or operator of an airport. This subpart Current § 302.605 is being the rules, orders, and other also applies to requests by the owner or renumbered as § 302.603. In the second requirements the Department issues operator of an airport for such a sentence of paragraph (a) of that section, under those provisions. These rules also determination. the statement that the complaint or inform the public how to lodge Since Subpart F was adopted in request shall include a copy of ‘‘all complaints and detail the procedures February 1995, we had not proposed supporting testimony and exhibits that the Department and the parties will any changes to it in the NPRM except available to the carrier on which the follow in the event the Department takes to make the provisions internally filing party intends to rely’’ is being enforcement action. consistent with the rest of revised part revised to eliminate the reference to A definitions section is being added 302, such as by changing section ‘‘available to the carrier’’ since such to new Subpart D (new § 302.402). reference numbers (e.g., in § 302.617, documents available to the airport In addition, various sections are being the reference to § 302.28(a) is being should also be included. In paragraph combined, separated or retitled for changed to § 302.32(a)), and to include (b), the reference to the ‘‘Chief of the purposes of clarity. Thus, a separate references to the subpart in the index in Economic and Financial Analysis section on informal complaints is being Appendix A. Division’’ is being dropped for the more established (new § 302.403), and the However, we have decided to take generic ‘‘Office of Aviation Analysis’’ section on formal complaints is being this opportunity to revise Subpart F in and the reference to filing several copies expanded to include current §§ 302.203 order to eliminate redundancies, of diskettes containing exhibits with and 302.13 and separated into renumber the paragraphs to conform Department of Transportation Dockets, paragraphs pertaining to, among others with the numbering system in the rest the administrative law judge, and the things, the filing, amendment, and of part 302, and make editorial changes Office of Aviation Analysis is being service of such complaints (new for purposes of clarity. In addition, revised to indicate that all 3 copies can § 302.404). because the procedures for determining be submitted to Department of The term ‘‘third-party complaint’’ the reasonableness of airport fees are Transportation Dockets instead of used throughout is being replaced with identical regardless of whether the directly with each of the other two ‘‘formal complaint,’’ and the ‘‘saving proceeding has been instituted by a offices. The latter change is being made clause’’ from Subpart A (current complaint from an air carrier or by a at the suggestion of the Airports Council § 302.40) is being moved to Subpart D request from an airport, those International (see following section on as new § 302.420 and modified to procedures, which are now contained in comments received on the NPRM). The include provisions of the Statute and separate sections (current §§ 302.611 provisions in subparagraphs (c)(1) and orders and other requirements of the and 302.613), are being combined into (c)(2) concerning service of complaints Department. new § 302.606. are being combined, and the remaining Subpart E—Rules Applicable to Specifically, the following changes subparagraphs renumbered. Similarly, Proceedings with Respect to Rates, Fares are being made: the provisions in subparagraphs (d)(1) and Charges for Foreign Air In the third sentence of paragraph (a) and (d)(2) concerning service of requests Transportation revises current Subpart of § 302.601, the words ‘‘is considered for determinations are being combined. E, which contains special rules for to have’’ are being added after ‘‘An In new subparagraph (d)(1), a reference proceedings relating to rates and fares airport owner or operator’’ and before is being included to new § 302.603(c)(1) and their related rules, classifications ‘‘imposed a fee on an air carrier or to indicate the manner of service and to and practices applied in foreign air foreign air carrier’’ to make clear that eliminate excess verbiage. transportation. These proceedings are fees that have been set, regardless of Current § 302.607 is being instituted at the Department’s discretion whether they have been collected, are renumbered § 302.604. In paragraph (d) in response to a third-party complaint, covered by the rule. A new paragraph of that section, a reference is being or upon the Department’s own (c) is being added to that section to state included to new § 302.603(b) to indicate initiative. Historically, most such that ‘‘Except as modified by this the format to be used for diskettes and proceedings involved complaints subpart, the provisions of subpart A of to eliminate excess verbiage. The against tariffs by competitors. this part apply’’ to conform to revisions provisions in subparagraphs (e)(1) and The title of the subpart is being in the other subparts. (e)(2) concerning service of answers are amended to add ‘‘for Foreign Air Current § 302.603 is being being combined. Transportation’’ to clarify that these renumbered as § 302.602. In paragraph Current § 302.609 is being rules do not apply to rates, fares and (a) of that section, a reference to § 302.4 renumbered § 302.605. In paragraph (d), charges in interstate transportation. is being added after the reference to a reference to new paragraph

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§ 302.603(b) is being included to Transportation sets forth procedures United Air Lines, Inc. (‘‘United’’). The indicate the format to be used for applicable to certain contractor comments will be discussed and diskettes and to eliminate excess arrangements for the carriage of mail resolved in the order in which their verbiage. In paragraph (e), a reference to between the U.S. Postal Service and subject matter appears in the proposed certifying that the parties served with a certificated air carriers pursuant to 39 rule. reply have actually received it is being U.S.C. 5402(a). added to conform to the rules on service Certain sections are being revised to Subpart A of other types of documents in these allow the DOT decisionmaker Section 302.3(c)(1) Number of Copies proceedings. additional flexibility in dealing with The NPRM proposed to continue the Current § 302.611 is being specific cases. Thus, current current rule, as amended in a 1996 renumbered § 302.606 and combined § 302.305(a) provides that a notice of with current § 302.613 so that the objection to the rates proposed in a rulemaking (Docket OST–96–1436, 61 procedures for review of complaints or show-cause order is due within ten (10) FR 29284, June 10, 1996), which sets requests for determination are in the days and, if such a notice is properly forth the number of copies, ranging from same section. Thus, the provisions of filed, written answers and any three to nine, to be filed in each of 19 paragraphs (a) and (e) of current supporting documents are due within types of aviation proceedings. § 302.613 are being combined with thirty (30) days. Subsequent to the Comments: Mr. Fahy recommends current § 302.611(a) into new issuance of the NPRM, the Department that the Department standardize the § 302.606(a); current §§ 302.611(b) and eliminated the provision for notices of number of copies to be filed in 302.613(b) are being combined into new objection and extended the answer proceedings so that the rule will not § 302.606(b); current §§ 302.611(c) and period to forty-five (45) days, or within have to be consulted each time a 302.613(c) are being combined into new such other period as the order may different type of filing is made. § 302.606(d); and current §§ 302.611(d) specify. (See Orders 97–9–37, 97–11–20, Resolution: After reviewing our needs and 302.613(d) are being combined into and 98–6–16.) We are adopting these in the various types of aviation new § 302.606(c). The heading of this changes in new § 302.704(a). In proceedings, we have decided not to section is also being retitled to reflect addition, current § 302.307 is being change the rule at this time. this change. revised to allow the decisionmaker to Section 302.7(e)(2) Electronic service of Current § 302.615 is being authorize the filing of additional documents renumbered as § 302.607. pleadings or establish further Current § 302.617 is being procedural steps in lieu of instituting an The NPRM proposed that adequate renumbered as § 302.608. In that oral hearing (new § 302.705(b)) and to proof of service of a document would section, subparagraphs (b)(1) and (b)(2) allow the issues in any hearing that is include ‘‘a certificate of successful relating to service of petitions for review instituted to be formulated by the transmission executed by the person are being combined into new instituting order (new § 302.706(a)). transmitting the document by facsimile subparagraph (b)(1). The provisions of current § 302.306 or electronic mail, listing the facsimile Current § 302.619 is being and certain provisions of § 302.307 number or electronic mail address to renumbered as § 302.609. Paragraphs (a) concerning the filing of answers are which the document was sent.’’ and (b) of that section are being being combined into new § 302.705 Comments: Continental and United combined into new paragraph (a), and covering further procedures, and current request a clarification of the term paragraph (c) is being renumbered as §§ 302.301, 302.302, and 302.308, and ‘‘successful transmission.’’ They paragraph (b). certain provisions of § 302.307 are being contend that it should be sufficient to Current § 302.621 is being combined into new § 302.706 entitled certify that the document was renumbered as § 302.610. In paragraph ‘‘Hearing.’’ transmitted by the method stated and is (c) of that section, a reference is being The provisions of paragraphs (a) and presumed to have been received unless added to a request for a determination (b) of current § 302.1503 are being the sender receives notice of an to indicate that if the Secretary does not eliminated as unnecessary, and new unsuccessful transmission. United issue a final decision within 120 days § 302.719 refines and condenses the further recommends that, in the case of after the filing of such a request, the data required to reflect current practice. a transmission failure, a party should be decision of the administrative law judge The subject index contained in allowed to employ another means of will be deemed the final order of the Appendix A—Index to Rules of Practice service without having to inform the Secretary. is being updated to include additional Department. Subpart G—Rules Applicable to Mail references (such as to Fitness Cases and Resolution: We agree with the Rate Proceedings and Contracts Airport Fee cases), and to eliminate commenters that requiring persons who combines, replaces and revises subparts obsolete references. Also, to assist users are electronically serving documents to C and O. in locating the newly renumbered obtain signed statements or certificates Current Subpart C—Rules Applicable sections, the revised Appendix lists for acknowledging receipt is overly to Mail Rate Proceedings sets forth the each subject both the current section burdensome. Upon reconsideration, we special rules applicable to proceedings number(s) and the corresponding new believe that adequate proof of electronic for the establishment of mail rates by section number(s). service would consist of a certificate of the Department in accordance with successful transmission by the sender, section 41901 of the Statute. These are Comments and Their Resolution including the facsimile number or the rates paid by the United States Comments on the proposed changes electronic mail address, and a statement Postal Service to U.S. air carriers for the were received from Airports Council that the sender has not received any transportation of mail within Alaska International (‘‘ACI’’); American indication that the electronic and between the U.S. and foreign Airlines, Inc. (‘‘American’’); Continental transmission was unsuccessful. countries. Airlines, Inc. (‘‘Continental’’); Dade Moreover, if an electronic transmission Current Subpart O—Procedure for County (Florida) Aviation Department should fail, parties should be allowed to Processing Contracts for Transportation (‘‘Dade’’); Mr. Richard J. Fahy, Jr., an choose another authorized means of of Mail by Air in Foreign Air aviation attorney (‘‘Mr. Fahy’’); and service without being required to notify

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In the event of and daily rates are reasonable, (2) ‘‘cost directed by the Department.’’ an electronic transmission failure, any to the Department’’ is removed as a Resolution: The requirements that other authorized means of service may factor to be considered by the applicants must provide a map showing be substituted and the appropriate proof administrative law judge in deciding the proposed points of service and of service provided.’’ upon the necessity of a daily transcript, mileages, and an illustrative service (3) daily transcripts shall be required in proposal, formerly found in § 201.4(c)(4) Section 302.12(d)(1)(i) Confidentiality and § 201.4(e)(1), respectively, were motions all proceedings involving airport fees (Subpart F), (4) the Department shares removed in a 1992 rulemaking (see 57 The present rule (§ 302.39(e)(2)(i)), the the cost equally with other parties who FR 38765, August 27, 1992). Therefore, text of which is unchanged in the decide to order daily transcripts, and (5) no change in the proposed rule is NPRM, states that motions for parties are allowed to choose a different required. confidential treatment shall include ‘‘a reporting firm if its rates for daily Section 302.202(d) Energy statement description of the information sought to transcripts are more reasonable. ACI be withheld, sufficient for identification also recommends that the Department Comments: United and Continental of the same.’’ seek more inexpensive official reporting urge the Department to remove the requirement that each application must Comments: Continental suggests that services for hearing cases. the rule should require such motions to Resolution: Among the criteria for be accompanied by an energy statement contain an index of the material determining whether an ordinary or in accordance with part 313 of this requested to be held confidential, daily transcript is required in any chapter. [The NPRM inadvertently including a title, description of the particular proceeding, we included referred to this statement as an document, document number, and ‘‘cost to the Department’’ (§ 302.28(b)(3)) ‘‘Environmental Evaluation’’ which is number of pages. because that factor is presently taken incorrect and has been changed in the Resolution: Upon review, we consider into account by the administrative law Final Rule.] Section 313.4(a) of that part requires applicants to file an energy the instructions for identifying the judges. Adoption of the commenters’ statement if the air service for which material (‘‘a description of the recommendations would inevitably lead authority is sought would result in a information sought to be withheld, to extensive, complex contract near-term net annual increase in fuel sufficient for identification of the negotiations, including lengthy consumption of 10 million gallons or same’’) to be vague, especially in cases negotiations about what is ‘‘reasonable’’ more. The objectors state that the fuel where confidentiality is requested for under certain circumstances. While we crisis of the 1970s, which prompted the multiple documents, or portions of appreciate the concern about costs, and issuance of this rule, is no longer documents, or for documents that the need to reduce costs for all parties relevant, and that such a statement is appear similar. Therefore, we believe including the government, procedural costly to prepare and seldom used. confidentiality motions should include rulemakings are not the proper place to an index of the documents covered by Resolution: Concerns about fuel resolve contract costs and availability consumption that arose in the 1970s the motion. The rule is being amended issues on this matter. In addition, we do to require ‘‘an index listing each have not disappeared. Today, when a not believe that a specific requirement proposal involves a substantial increase document by an identifying number, for daily transcripts in subpart F and including its title, description and in fuel usage, we must conclude that the proceedings should be included in the public benefits derived from the number of pages, and, if relevant, the rule and will continue to leave that specific location within a document.’’ proposed service outweigh the decision to the discretion of the disadvantages. Thus, it is not Section 302.28(b) Cost of daily presiding administrative law judge. We appropriate to remove the provision transcript also see no reason to change the rule to from the rule. Moreover, the part 313 The NPRM retains the language in the require the Department to share equally requirements implementing the Energy current rule (§ 302.24(l)(2)) except for in the cost of daily transcripts ordered Policy and Conservation Act (42 U.S.C. the addition of a fourth factor—the cost by another party if the administrative 6362(b)) have been progressively to the Department—to be considered by law judge has determined that ordinary qualified and narrowed until they have the administrative law judge in transcripts are adequate. In addition, we been minimal in the few cases in which determining whether ordinary or daily do not agree that parties should be they have been triggered. Elaborate transcripts are needed in a particular allowed to select a court reporter calculations rarely have been required, proceeding. The rule states that if the different from the one selected by the and certificate applications ‘‘where no administrative law judge determines administrative law judge because determination of public convenience that an ordinary transcript is adequate, multiple versions of the ‘‘official’’ and necessity is required’’ are any party to the proceeding may make transcript may result. Therefore, we will specifically excluded from this arrangements with the reporting firm to adopt the rule as proposed. requirement (§ 313.4(b)(5)). In addition, provide a daily transcript to the Subpart B proposed § 302.202(d) now contains the Department, for which extra service the qualifier ‘‘Where required,’’ reflecting requesting party will pay. Section 302.202(a) Maps and illustrative that, in many circumstances, Comments: United believes that, with data information on substantial changes in respect to daily transcripts, the The NPRM, like the present rule fuel usage may be omitted. Therefore, Department should make certain that its (§ 302.4(a)), requires applicants for no change in the proposed rule will be contracts with reporting firms are certificate authority to provide the data made, except to correct the reference to enforced with respect to reasonable called for in part 201 of this chapter. ‘‘energy statement’’ in place of

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‘‘environmental evaluation’’ as noted or prosecution of the pleading. Similar pleadings signed by an attorney, but we above. certifications are required for electronic agree with its recommendation that the filings in accordance with instructions certification should apply to all types of Section 302.203(a)(2) Service on the at the Dockets DMS internet web site. pleadings and should be relocated to FAA Comments: American recommends subpart A. We also agree with A new provision would require an that the required certification be moved Continental and United that two such applicant to serve a complete copy of its to Subpart A and amended to provide certifications (§ 302.4(b) and § 302.206) certificate application on the Manager of that the certification requirement are superfluous. We appreciate United’s the Federal Aviation Administration applies to all pleadings, and that the argument that the verification as Flight Standards District Office certification is deemed to be proposed in § 302.206, which is to be processing any FAA authority needed to incorporated in all pleadings signed by signed by ‘‘someone who will appear as conduct the proposed operations. an attorney. Continental and United a witness to substantiate the facts Comments: United suggests that the maintain that the requirement of an asserted if an oral hearing becomes Department clarify which carriers additional certification to be signed by necessary,’’ is misleading inasmuch as would be subject to this requirement an officer of the company is redundant hearing cases are now rare events. since many would only require minor to the certification presently required in Therefore, we have decided to change amendments to their FAA Operations § 302.4(b). United adds that the § 302.206 so that it merely refers readers Specifications. proposed verification is only needed in to § 302.4(b), which is being amended to Resolution: The proposed the rare event of a hearing case, and read as follows: ‘‘Verification: The requirement—that an applicant should that, for non-hearing cases, the following certification shall be included serve a complete copy of its certificate certification required in § 302.4(b) is with every pleading filed under this application on the Manager of the FAA sufficient. Mr. Fahy recommends that part: ‘Pursuant to Title 18 United States Flight Standards District Office the proposed certification requirement Code Section 1001, I [the individual processing any FAA authority needed to be limited to applicants for initial signing the pleading, who shall be a conduct the proposed operations—was certificate authority. principal owner, senior officer, or added to enhance the information- Resolution: It has been our concern internal counsel of the pleader], in my sharing process between the Office of that the ‘‘subscription’’ required in individual capacity and as the the Secretary and the FAA regarding an § 302.4(b) and the ‘‘verification’’ authorized representative of the pleader, applicant’s proposed new services. Even required in current § 302.1707 do not have not in any manner knowingly and minor amendments in certificate sufficiently bind the applicant in all willfully falsified, concealed or failed to authority could require FAA action. cases. We have experienced a number of disclose any material fact or made any Therefore, we believe it is appropriate, proceedings in which an outside false, fictitious, or fraudulent statement and not unduly burdensome, for the attorney or other person engaged to or knowingly used any documents applicant’s local FAA office to be served prepare and file the application has which contain such statements in with a copy of any application seeking signed a subscription attesting to the connection with the preparation, filing a change in the applicant’s certificate veracity of the statements and other or prosecution of the pleading. I authority. No change in the proposed material in the documents filed when in understand that an individual who is rule will be made. actuality that individual was attesting found to have violated the provisions of Section Verification (under 18 U.S.C. only to the fact that the information had 18 U.S.C. section 1001 shall be fined or 1001) been represented by his or her client as imprisoned not more than five years, or being accurate. both.’ ‘‘ We believe that restating the Current § 302.4(b) requires that every We believe that a certification of sanctions for violating 18 U.S.C. 1001 authorized or required document filed veracity is more reliable when signed by will serve as a visual reminder to the with the Department must be signed by a principal of the applicant. The current signer of the gravity of his or her the party filing that document or by a subscription in § 302.4(b), which attestation. duly authorized representative of that requires a certification to be signed by party, certifying that he or she has read ‘‘the [filing] party, or by a duly Section 302.212 International route the document and believes every authorized officer or the attorney-at-law cases—applicability statement contained therein to be true of record of such party, or by any other In the NPRM, the provisions in and not misleading. In addition, current person so authorized’’ is not as broad as current §§ 302.1701(a) and 1720(c) § 302.1707 requires that the facts the verification in current § 302.1707, would be combined to provide that any contained in pleadings filed under which requires an attestation of the person may file an application for the current Subpart Q (new Subpart B) be ‘‘facts asserted in any pleading’’ by same authority as sought in an attested to in an affidavit signed by ‘‘persons having knowledge of them.’’ In application to obtain, renew, amend, or persons who are knowledgeable about § 204.3(v) of this chapter, applicants transfer a certificate authorizing air the facts and who would be called as filing information in support of a fitness transportation over an international witnesses to substantiate the facts if an determination are required to include a route. oral hearing became necessary. New verification in accordance with 18 Comments: United points out that, by § 302.206 would require a certification U.S.C. 1001 to be signed by the person combining language from the two in accordance with 18 U.S.C. 1001, to be signing the pleading, ‘‘who shall be a current sections, the Department seems signed by a knowledgeable individual principal owner, senior officer, or to be inviting applications from (as described in § 302.1707), that, under internal counsel of the applicant.’’ In competing carriers seeking authority penalty of fine and/or imprisonment, he our experience, the contents of that is the subject of a transfer or she has not knowingly or willfully pleadings covered by the latter application, although the Department’s falsified or concealed any material fact attestation have been found to be the policy has been not to entertain or made any false statement, or most truthful and accurate. For these competing applications relating to knowingly used any document reasons, we disagree with American’s certificate transfers. containing such a statement, in view that the certification should be Resolution: The proposed combining connection with the preparation, filing deemed to be incorporated in all of the provisions of current

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§§ 302.1701(a) and 1720(c) into new merely a notice. We have found that Department of having to rule on, § 302.212(a) would not result in a most applicants already serve complete motions for leave to file unauthorized change in the current policy. As United applications voluntarily. Moreover, if documents. Therefore, we will amend notes, the proposed rule allows the such ‘‘full service’’ were the rule, it § 302.308 accordingly. filing of applications from competing would eliminate the need for the Subpart D carriers for authority that is the subject Department to make a determination in of a transfer application, despite the each case whether the proceeding is Section 302.403 Informal complaints Department’s general policy of not likely to be contested and then ordering Comments: Continental argues that service of the complete application. entertaining such applications (see the information and allegations Such a rule also would likely reduce the Orders 92–3–49 at 7 and 91–8–1). We contained in an informal complaint and number of late-filed comments. After agree with United and have removed the identity of the complainant should consideration, we believe that the added certificate transfers from the provisions be kept confidential. of § 302.212(c) which allows for the burden on applicants of serving Resolution: What Continental filing of conforming applications in complete applications (which are proposes reflects our existing practice other types of certificate cases. generally not lengthy) is not so with respect to maintaining the substantive as to outweigh the benefit to Subpart C confidentiality of the contents of an interested parties in terms of more informal complaint and the identity of Section 302.301 Exemptions timely access to the entire application the complainant. We plan to continue and to the Department in terms of This section states that Subpart C this practice in the future. However, in facilitated procedures. Therefore, we contains the rules applicable to the course of conducting an informal will amend § 302.304(a)(2) accordingly. proceedings for exemptions under investigation, we may at times have to sections 40109 and 41714 of the Statute, Section 302.304(b)(4) Service of reveal this information to the including emergency exemptions. documents in slot exemptions investigated party if necessary to obtain Comments: American, United, and This new provision requires its response to the complaint. Our Continental propose that the rules for applicants for slot exemptions under experience is that this existing practice exemptions also apply to applications section 41714 of the Statute to serve the is an effective use of limited resources, for frequency allocations under manager of the affected airport, the expedites the investigation, and international agreements. mayor of the city that it serves, and the increases accuracy without unduly Resolution: We agree with the Governor of the State in which it is prejudicing the rights of the parties commenting air carriers that the rules located. involved. for exemptions in new subpart C should Comments: American, United and Section 302.406 Action time on formal also apply to applications for frequency Continental advocate that slot enforcement complaints allocations under international exemption applications should also be agreements. Indeed, the carriers’ served on all U.S. carriers that publish The rule (adapted from the existing suggestion can usefully be applied to schedules in the Official Airline Guides practice under current § 302.205(a)) other proceedings in which the for the airport in question. allows the Assistant General Counsel a Department must allocate limited Resolution: We appreciate the ‘‘reasonable time’’ after the filing of an bilateral rights, such as third-country rationale of the responding airlines in answer to a formal complaint to either code-sharing, charters, or designation to asserting that U.S. carriers providing issue a notice instituting a formal exercise other limited opportunities. scheduled service to an airport at which enforcement proceeding or an order While we often will issue a notice or an applicant is seeking a slot exemption dismissing the complaint. order to establish procedures in such are ‘‘interested parties’’ and should be Comments: United recommends the cases, it will be helpful to identify served copies of the exemption retention of the existing rule, which exemption procedures in this subpart as application. Consequently, we will requires Department staff to process or the ‘‘default’’ process to be followed amend § 302.304(b)(4) to provide for dismiss an enforcement complaint unless or until we specify otherwise. We service to such carriers by applicants for within 60 days, which will avoid will amend § 302.301 accordingly and slot exemptions. indefinite delays. United notes that no revise the title of the subpart to ‘‘Rules reason was given in the NPRM for the Applicable to Exemption and Certain Section 302.308 Replies to answers proposed change. Other Proceedings.’’ This rule (former § 302.407) provides Resolution: We disagree with United that an applicant may file a reply to and will adopt the rule as proposed. We Section 302.304(a)(2)—Service of answers to an exemption application have found that most third-party notices of exemptions within seven days of the last day of the complaints require considerable time- The proposed rule (formerly answer period. consuming follow-up investigation by § 302.403(b)), requires that persons Comments: American, United, and the Office of Aviation Enforcement and filing an application for an exemption Continental contend that, not only Proceedings, and this proposed change shall serve a notice that the application applicants, but any interested party, would reflect the current Department has been filed. should be allowed to file a reply in and industry practice in dealing with Comments: United argues that the exemption proceedings, as is allowed in third-party complaints. Our experience exemption itself, not a notice, should be certificate and licensing cases, so that is that the 60 days set forth in the served since the answer period is short other parties will not need to request existing rule rarely, if ever, permits and the exemptions are usually not leave to file their replies. enough time to conduct an investigation voluminous. Resolution: We agree with the and satisfactorily resolve issues that Resolution: We concede United’s responding airlines that any interested may be raised. We are, however, point that it is more expedient when party should be allowed to file a reply sensitive to United’s concerns about interested parties in an exemption in exemption proceedings. Liberalizing indefinite delays, and will endeavor to proceeding are served with the entire the rule in this way will save parties the ensure that investigations are conducted exemption application, rather than burden of having to file, and the as promptly as possible. We note that a

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Some of the comments also the Assistant General Counsel to act if difficulty gaining entrance to the DOT suggest other changes, such as he or she finds there to be an building, and recommends that the eliminating separate dates for filing unreasonable delay in acting on a formal Department make other arrangements exceptions and briefs in hearing cases. complaint. for the latter two offices to receive the Except for the changes to the filing diskettes. periods in licensing cases proposed in Subpart E Resolution: To facilitate service of the NPRM, most of the time periods in Sections 302.501–302.507 Rates, Fares diskette copies of complaints about part 302 have not been comprehensively and Charges in Foreign Air airport fees, we will amend § 302.605(b) reviewed in a number of years. Transportation to indicate that service of all of the Moreover, as we have already noted, the diskettes will be acceptable if made at Department’s own practices and Comments: United points out that a Department of Transportation Dockets. procedures have changed dramatically related rulemaking proposes to Parties may also use the electronic in recent years with the overwhelming eliminate the requirement that rates and document filing system available majority of cases being handled on the charges for certain foreign air through the DOT Dockets DMS internet written record rather than through oral transportation be filed in tariffs (see web site. In addition, because of certain evidentiary proceedings. As a result, we NPRM 97–1, issued in Docket OST–97– organizational changes made at the have decided to re-evaluate all of the 2070 (62 FR 10758, March 10, 1997)). Department, we will remove the time periods in part 302 to determine United asserts that elimination of the reference to the Chief of the Economic whether any changes are warranted. We requirement to file tariffs would be and Financial Analysis Division and have decided to issue a Supplemental problematical since the procedures for refer only to the Office of Aviation Notice of Proposed Rulemaking to deal complaining against foreign rates, fares, Analysis (X–50), and change the with this issue, and we will consider the and charges are linked to the reference to the Office of Chief additional changes proposed by some of submission of the matter in a tariff. Administrative Law Judge to Office of the commenters in that Supplemental United urges that the Department Hearings (M–20). Notice. determine how the tariff changes in the rulemaking cited above will affect General The following discussion identifies Subpart E and consolidate the two Comments: Continental suggests that, the various references to filing periods actions. since applicants may petition for for which we did propose changes in the NPRM, summarizes and evaluates Resolution: Under the NPRM issued reconsideration of final Department relevant comments received about them, in Docket OST–97–2070, current part actions, intermediate review procedures if any, and indicates whether the 302 procedures would continue in force are unnecessary; therefore, the changes are being adopted as proposed for complaints against tariffs in those Department should consider eliminating or with revisions. markets where we require that tariffs be tentative decisions of the DOT filed. Since these markets are restrictive, decisionmaker and show-cause orders. Licensing Cases we expect that most, if not all, Resolution: We appreciate Section 302.204 Responsive documents complaints against carrier pricing would Continental’s suggestion with respect to in certificate/permit proceedings arise in just these markets. However, intermediate actions and concede that there are other remedies that U.S. the matter is deserving of review. The NPRM proposed to shorten the carriers may take in the unlikely event However, such an evaluation would be answer period to U.S. air carrier that a foreign carrier or government a significant undertaking and would certificate applications (both initial pricing practice adversely affects their require the issuance of a separate fitness and international route awards) interests in the markets where tariffs are NPRM, since the issue would generate and in foreign air carrier permit cases no longer filed. For example, U.S. considerable interest. For the present, (current § 302.1720(d)) from twenty- carriers can bring the matter to the since our current procedures fulfill our eight (28) to twenty-one (21) days after attention of the Department which can obligations under the Administrative the original or amended application is address the matter through direct Procedures Act, we will not modify filed, and added a reply period of contact with foreign officials, or, under them at this time. fourteen (14) days. the terms of the proposed rule, could Changes to Filing Time Periods Comments: American proposes a require the foreign carrier to file its The NPRM proposed to decrease a further shortening of the answer period tariffs. Once the tariff was filed, normal to ten (10) days. American, United, and complaint procedures would apply. No number of the time periods for filing responsive pleadings in U.S. and foreign Continental also advocate shortening change in the proposed rules will be the newly proposed period for replies made. air carrier licensing cases in an effort to expedite those proceedings. For from fourteen (14) to seven (7) days. Mr. Subpart F example, in new §§ 302.204 and Fahy opposes the additional shortening urged by the air carriers, stating that Section 302.605 Service of documents 302.212, we proposed to shorten the period allowed for answers to U.S. air additional time is often needed, The proposed rule (current carrier certificate applications from particularly by small firms, to prepare § 302.605(b)) requires parties filing a twenty-eight (28) to twenty-one (21) the responses. complaint about airport fees to submit a days. Resolution: After considering the copy of each diskette to Department of A number of comments to the NPRM matter further, we have decided to Transportation Dockets, the Office of the suggested further changes to the current adopt the proposed twenty-one (21)-day Chief Administrative Law Judge (M–50), and proposed filing periods in part 302. period for answers and fourteen (14)- and to the Chief of the Economic and We believe that the commenters’ day period for replies. We will consider Financial Analysis Division of the proposals have merit to the extent that the suggested additional changes in the Office of Aviation Analysis (X–55). they suggest reducing filing periods for supplemental rulemaking.

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Section 302.208 Petitions for oral Resolution: After evaluating the request for the authority. We will, presentation or judge’s decision comments, we have decided to adopt however, consider the additional The current rule (§ 302.1712(c)) the proposal that petitions be due at the changes proposed by the commenters in allows for petitions requesting an oral same time as answers to applications, the supplemental rulemaking. which we have now set at twenty-one evidentiary proceeding, oral argument Mail Rate Cases or the issuance of an administrative law (21) days. However, we agree with Mr. judge decision to be filed in certificate Fahy that information on potential Section 302.704 Objections and answers cases fifty-two (52) days after the witnesses and time required for oral to order to show cause presentations would unlikely be known application is filed; in restriction The proposed rule, which is identical at the time the petition is filed. removal cases thirty-five (35) days after to current § 302.305, provides that a Therefore, we are amending the rule to the application is filed; and in foreign notice of objection to the rates proposed require the petition to contain items (1) permit cases fourteen (14) days after the in an order to show cause is due within and (2) as part of the petition itself, with due date for answers. The proposed rule ten (10) days of issuance or the order or items (3) and (4) to be filed at a later (§ 302.208) replaces and is almost within such other period as the order time if the Department decides to have identical to the current rule, except for may specify. If such a notice is properly or is leaning toward having an oral the timing of the filing of the petitions. filed, written answers and any hearing. Proposed § 302.208(b) provides that supporting documents shall be filed petitions shall be filed no later than the Section 302.212 Procedures in within thirty (30) days after the service due date for answers in proceedings certificate cases involving international of the order to show cause or within governed by proposed § 302.211, routes such other period as the order may § 302.212, and § 302.213, which is specify. proposed to be twenty-one (21) days. The proposed rule shortens the period In addition, proposed § 302.208(a) in current § 302.1720(c) for filing Comments: American argues that provides that such petitions shall be conforming applications [for the same separate dates for objections and supported by a detailed explanation of: authority as sought in an application to answers are unnecessary and ‘‘(1) Why the evidence or argument to be obtain, renew, or amend a certificate] recommends that the rule require that presented cannot be submitted in the and requests to modify the issues to be fully supported objections be filed form of written evidence or briefs; (2) decided and to consolidate applications, within ten (10) days of service of the which issues should be examined by an from twenty-eight (28) to twenty-one order to show cause. administrative law judge and why such (21) days after filing of the original Resolution: Subsequent to the issues should not be presented directly application. Answers would continue to issuance of the NPRM, the Department, to the DOT decisionmaker for decision; be due within fourteen (14) days after in Order 97–9–37, served October 3, (3) an estimate of the time required for the filing of the conforming application 1997, proposed to eliminate the the oral presentation and the number of or motion. provision for notices of objection and to witnesses whom the petitioner would Comments: American advocates extend the answer period to forty-five present; and (4) if cross-examination of shortening the period for filing (45) days after the service date of the any witness is desired, the name of the conforming applications even further, to show cause order for Alaska bush and witness, if known, the subject matter of ten (10) days, and both American and mainline mail rates. Order 97–11–20, the desired cross-examination or the Continental suggest adopting a seven served November 19, 1997, made final title or number of the exhibit to be (7)-day answer period. Mr. Fahy this proposed change to the procedural cross-examined, what the petitioner opposes any further shortening of these schedule for Alaska mail rate orders. In expects to establish by the cross- periods. addition, in Order 98–6–16, served June examination, and an estimate of the Resolution: We have decided that the 23, 1998, the Department, among other time needed for it.’’ filing time for conforming applications things, proposed identical procedural Comments: Mr. Fahy argues that the and motions to modify scope should be changes for international mail rates. No proposed rule would require petitions set at twenty-one (21) days as proposed objections to this proposed change were asking for oral hearing to be filed at the so that the dates for filing objections, received. After reviewing the matter, we same time answers are due to requests for hearing, conforming are eliminating the provision for certificate/permit applications. Included applications, and motions to modify separate filing dates and amending the in the petition must be witness names, scope would all be due on the same rule to require only answers to be filed issues to be examined, subject matter of date. In this way, the parties and the within forty-five (45) days of the date of cross-examination—information that Department would be presented with service of the order to show cause, may not yet be known at the time of the one set of filings. Generally, our unless otherwise stated in that order. objection. Mr. Fahy recommends experience has been that, if one air Correction of References to Sections in replacing these data requirements with carrier objects to the application for an Part 302 Throughout Chapter II ‘‘a good cause showing’’ of why a international route submitted by another hearing is necessary. If the Department air carrier, it is likely that the objector The following table contains the applies the proposed conditions in expects to apply for the authority being changes that are being made throughout certificate cases, he contends, it may requested; therefore, the objector would Chapter II to correct what are now apply the same standards in other cases, save the effort of a separate filing by obsolete references to sections in part e.g., foreign code-share arrangements. accompanying its objection with its 302.

Location of rule to be changed Current reference to part 302 Revised reference to part 302

§ 200.2 ...... § 302.2 ...... § 302.1(c) § 211.12 ...... Subpart Q ...... Subpart B § 213.2 ...... Rule 37 ...... Rule 14 § 213.5(c) ...... Rule 37 ...... Rule 14 § 216.4(a) ...... §§ 302.3(b), 302.4(b), (c) ...... §§ 302.3(b), 302.4(a), (b)

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Location of rule to be changed Current reference to part 302 Revised reference to part 302

§ 216.4(b) ...... § 302.8 ...... § 302.7 § 291.10 ...... Subpart Q ...... Subpart B § 300.2(b)(2) ...... § 302.22a ...... §§ 302.2, 302.18 § 300.2(b)(4) ...... § 302.24 ...... §§ 302.17±302.38 § 300.2(c)(10) ...... § 302.18 ...... § 302.11 § 300.2(d) ...... §§ 302.14, 302.18 ...... § 302.11(e) § 300.20(c) ...... Subpart B ...... Subpart D § 303.4(b) ...... § 302.19 ...... § 302.25 § 303.45(c) ...... § 302.15 ...... § 302.20 § 305.7(b) ...... §§ 302.8, 302.21 ...... §§ 302.7, 302.27(c) § 305.10 ...... §§ 302.19(g), 302.39 ...... §§ 302.25(g), 302.12 § 305.11 ...... Subpart B ...... Subpart D § 305.12 ...... § 302.202 ...... §§ 302.4(b) § 377.10(c)(4) ...... § 302.909 ...... Removed § 385.10(b) ...... Subpart B ...... Subpart D § 385.11(b) ...... Subpart B ...... Subpart D § 385.11(d) ...... § 302.215 ...... § 302.417 § 385.19(i) ...... § 302.39 ...... § 302.12 § 385.31(c) ...... §§ 302.3(a), (b), (c), 302.4 ...... §§ 302.3, 302.4 § 399.18 ...... § 302.909 ...... Removed

Executive Order 12866 (Regulatory Regulatory Flexibility Act Paperwork Reduction Act Planning and Review) In accordance with the Regulatory There are no reporting or The Department has analyzed the Flexibility Act, the Department has recordkeeping requirements associated economic and other effects of the evaluated the effects of this action on with the amendment. amendment and has determined that they are not ‘‘significant’’ within the small entities, i.e., those air carriers List of Subjects operating small aircraft (as defined in 14 meaning of Executive Order 12866. The 14 CFR Part 200 amendment will not have an annual CFR 298.2) in strictly domestic service. Air transportation. effect on the economy of $100 million The changes to the Department’s Rules or more or adversely affect in a material of Practice in Proceedings merely 14 CFR Part 211 way the economy, a sector of the eliminate unnecessary and obsolete verbiage, reorganize the provisions and Administrative practice and economy, productivity, competition, procedure, Air carriers, Pacific Islands bring them up to date with our current jobs, the environment, public health or Trust Territory, Reporting and safety, or State, local, or tribal practice, and place no new requirements Recordkeeping requirements. governments or communities. It will not on applicants. Therefore, the create a serious inconsistency or Department certifies that the 14 CFR Part 213 otherwise interfere with an action taken amendment will not have a significant Air carriers, Reporting and or planned by another agency, and it economic impact on a substantial Recordkeeping requirements. will not materially alter the budgetary number of small entities. impact of entitlements, grants, user fees, 14 CFR Part 216 Executive Order 12612 (Federalism) or loan programs or the rights and Air carriers. obligations of recipients thereof. Nor does it raise any novel legal or policy The amendment has been analyzed in 14 CFR Part 291 issues arising out of legal mandates, the accordance with the principles and criteria contained in Executive Order Administrative practice and President’s priorities, or the principles procedure, Air carriers, Freight, 12612. The Department has determined set forth in Executive Order 12866. This Reporting and Recordkeeping that the amendment does not have rule does not impose any unfunded requirements. mandates. sufficient federalism implications to warrant the preparation of a Federalism 14 CFR Part 300 DOT Regulatory Policies and Assessment. This amendment will not Procedures Administrative practice and have a substantial direct effect on the procedure, Conflict of interests. The amendment is not significant States, on the relationship between the under the Department’s Regulatory national government and the States, or 14 CFR Part 302 Policies and Procedures, dated February on the distribution of power and Administrative practice and 26, 1979, because it does not involve responsibilities among the various procedure, Air carriers, Foreign air important Departmental policies; rather, levels of government. carriers. it is being made solely for the purposes of eliminating or correcting obsolete National Environmental Policy Act 14 CFR Part 303 requirements and reorganizing the Administrative practice and The Department has also analyzed the presentation of the regulations used by procedure, Air carriers, Antitrust, amendment for the purposes of the the Department to administer its Reporting and Recordkeeping aviation economic regulatory functions. National Environmental Policy Act. The requirements. The Department has also determined amendment will not have any that the economic effects of the significant impact on the quality of the 14 CFR Part 305 amendment are so minimal that a full human environment. Administrative practice and regulatory evaluation is not required. procedure, Air carriers, Investigations.

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14 CFR Part 377 § 216.4 [Amended] cases where exceptions are filed to 9. In § 216.4(a), remove the references recommended, initial, or tentative Administrative practice and ‘‘302.4(b) and (c)’’ and add, in their decisions or where the DOT procedure, Air carriers. place, the references ‘‘302.4(a) and (b)’’. decisionmaker orders review of an 14 CFR Part 385 10. In § 216.4(b), remove the reference initial or recommended decision on his ‘‘§ 302.8’’ and add, in its place, the or her own initiative, such motions Administrative practice and reference ‘‘§ 302.7’’. must be filed on or before the date briefs procedure, Organization and functions are due pursuant to § 302.35 or (Government Agencies). PART 291Ð[AMENDED] § 302.218, as applicable. Failure to file 14 CFR Part 399 a timely motion will be deemed a 11. The authority citation for part 291 waiver of disqualification. Applications Administrative practice and continues to read as follows: for leave to file an untimely motion procedure, Air carriers, Air rates and Authority: 49 U.S.C. Chapters 401, 411, seeking disqualification of a concerned fares, Air taxis, Consumer protection, 415, 417. DOT employee must be accompanied by Small businesses. § 291.10 [Amended] an affidavit setting forth in detail why the facts relied upon as grounds for Final Rule 12. In § 291.10, remove the reference disqualification were not known and ‘‘subpart Q’’ and add, in its place, the For the reasons set out in the could not have been discovered with reference ‘‘subpart B’’. preamble, Title 14, Chapter II of the reasonable diligence within the Code of Federal Regulations is amended PART 300Ð[AMENDED] prescribed time. as follows: § 300.20 [Amended] 13. The authority citation for part 300 PART 200Ð[AMENDED] is revised to read as follows: 19. In § 300.20(c), remove the 1. The authority citation for part 200 Authority: 49 U.S.C. subtitle I and reference ‘‘subpart B’’, and add, in its continues to read as follows: chapters 401, 411, 413, 415, 417, 419, 421, place, the reference ‘‘subpart D’’. 449, 461, 463, and 465. Authority: 49 U.S.C. Chapters 401, 411, PART 303Ð[AMENDED] 413, 415, 419, 461. § 300.2 [Amended] § 200.2 [Amended] 14. In § 300.2(b)(2), remove the 20. The authority citation for part 303 reference ‘‘302.22a’’ and add, in its is revised to read as follows: 2. In § 200.2, remove the reference place, the references ‘‘302.2 and ‘‘§ 302.2’’ and add, in its place, the Authority: 49 U.S.C. chapters 401, 413, 302.18’’. 417. reference ‘‘§ 302.1(c)’’. 15. In § 300.2(b)(4)(i), remove the § 303.04 [Amended] PART 211Ð[AMENDED] reference ‘‘§ 302.24’’ and add, in its place, the references ‘‘§§ 302.17– 21. In § 303.04(b), remove the 3. The authority citation for part 211 302.38’’. reference ‘‘302.19’’ and add, in its place, continues to read as follows: 16. In § 300.2(c)(10), remove the the reference ‘‘302.25’’. reference ‘‘§ 302.18’’ both times it Authority: 49 U.S.C. Chapters 401, 411, occurs, and add, in its place, the § 303.45 [Amended] 413, 415, 417. reference ‘‘§ 302.11’’ both times it 22. In § 303.45(c), remove the § 211.12 [Amended] occurs. reference ‘‘§ 302.15’’ and add, in its 17. In § 300.2(d), remove the place, the reference ‘‘302.20’’. 4. In § 211.12, remove the reference references ‘‘Rules 14 and 18, §§ 302.14 ‘‘Subpart Q’’ and add, in its place, the and 302.18’’ and add, in their place, the PART 305Ð[AMENDED] reference ‘‘Subpart B’’. references ‘‘Rule 11, § 302.11’’. 23. The authority citation for part 305 PART 213Ð[AMENDED] § 302.18 [Redesignated in part and revised] is revised to read as follows: 5. The authority citation for part 213 18. Paragraph (a–1) of § 302.18 is Authority: 49 U.S.C. chapters 401, 417, continues to read as follows: redesignated as § 300.18 and revised to 461; 5 U.S.C. 555, 556. Authority: 49 U.S.C. Chapters 401, 411, read as follows: § 305.7 [Amended] 413, 415, 417. § 300.18 Motions to disqualify DOT 24. In § 305.7(b), remove the § 213.2 [Amended] employee in review of hearing matters. references ‘‘§ 302.21’’ both times it 6. In § 213.2, remove the reference In cases to be determined on an occurs, and ‘‘§ 302.8’’ both times it ‘‘Rule 37’’ and add, in its place, the evidentiary record, a party desiring that occurs, and add, in their place, the reference ‘‘Rule14 ’’. a concerned DOT employee disqualify references ‘‘§ 302.7’’ and ‘‘§ 302.27(c)’’, himself or herself from participating in respectively. § 213.5 [Amended] a DOT decision shall file a motion § 305.10 [Amended] 7. In § 213.5(c), remove the reference supported by an affidavit setting forth ‘‘Rule 37’’ and add, in its place, the the grounds for such disqualification in 25. In § 305.10, remove the references reference ‘‘Rule 14’’. the form and within the periods ‘‘§§ 302.19(g) and 302.39’’ and add, in prescribed in § 302.11 of this chapter. their place, the references ‘‘§§ 302.25(g) PART 216Ð[AMENDED] Where review of the administrative law and 302.12’’. judge’s decision can be obtained only 8. The authority citation for part 216 upon the filing of a petition for § 305.11 [Amended] is revised to read as follows: discretionary review, such motions 26. In § 305.11, remove the reference Authority: 49 U.S.C. Chapters 401, 413, must be filed on or before the date ‘‘subpart B’’ and add, in its place, the 417. answers are due pursuant to § 302.32. In reference ‘‘subpart D’’.

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§ 305.12 [Amended] 302.10 Parties. 302.216 Administrative law judge’s initial 27. In § 305.12, remove the reference 302.11 Motions. or recommended decision. ‘‘Rule 202’’ and add, in its place, the 302.12 Objections to public disclosure of 302.217 Exceptions to administrative law judge’s initial or recommended decision. reference ‘‘Rule 4(b)’’. information. 302.13 Consolidation of proceedings. 302.218 Briefs to the DOT decisionmaker. 302.14 Petitions for reconsideration. 302.219 Oral argument before the DOT PART 377Ð[AMENDED] decisionmaker. Non-Hearing Proceedings 28. The authority citation for part 377 302.220 Final decision of the Department. 302.15 Non-hearing procedures. is revised to read as follows: Subpart CÐRules Applicable to Exemption and Certain Other Proceedings Authority: 49 U.S.C. Chapters 401, 461; 5 Rulemaking Proceedings U.S.C. 558, 559. 302.16 Petitions for rulemaking. 302.301 Applicability. 302.302 Filing of applications. § 377.10 [Amended] Oral Evidentiary Hearing Proceedings 302.303 Contents of applications. 29. In § 377.10(c)(4), remove the 302.17 Administrative law judges. 302.304 Service of documents. references ‘‘§§ 302.909 and 399.18’’ and 302.18 DOT decisionmaker. 302.305 Posting of applications. add, in their place, the reference 302.19 Participation by persons not parties. 302.306 Dismissal or rejection of incomplete applications. ‘‘§ 399.18’’. 302.20 Formal intervention. 302.21 Appearances. 302.307 Answers to applications. 302.308 Replies to answers. PART 385Ð[AMENDED] 302.22 Prehearing conference. 302.23 Hearing. 302.309 Requests for hearing. 302.24 Evidence. 302.310 Exemptions on the Department’s 30. The authority citation for part 385 initiative. continues to read as follows: 302.25 Subpoenas. 302.26 Depositions. 302.311 Emergency exemptions. Authority: 49 U.S.C. subtitle I, chapters 302.27 Rights of witnesses; attendance fees Subpart DÐRules Applicable to 401, 411, 413, 415, 417. and mileage. Enforcement Proceedings 302.28 Transcripts of hearings. 302.401 Applicability. §§ 385.10, 385.11 [Amended] 302.29 Argument before the administrative 302.402 Definitions. 31. In §§ 385.10(b) and 385.11(b), law judge. 302.403 Informal complaints. remove the reference ‘‘Subpart B’’ and 302.30 Briefs to the administrative law 302.404 Formal complaints. judge. add, in its place, the reference ‘‘Subpart 302.405 Responsive documents. 302.31 Initial and recommended decisions; D’’. 302.406 Procedure for responding to formal certification of the record. complaints. § 385.19 [Amended] 302.32 Petitions for discretionary review of 302.407 Commencement of enforcement 32. In § 385.19(i), remove the initial decisions or recommended proceeding. reference ‘‘§ 302.39’’ and add, in its decisions; review proceedings. 302.408 Answers and replies. place, the reference ‘‘§ 302.12’’. 302.33 Tentative decision of the DOT 302.409 Default. decisionmaker. 302.410 Consolidation of proceedings. § 385.31 [Amended] 302.34 Exceptions to tentative decisions of 302.411 Motions to dismiss and for 33. In paragraphs (a) and (e) of the DOT decisionmaker. summary judgment. 302.35 Briefs to the DOT decisionmaker. § 385.31, remove the words ‘‘ten (10)’’ 302.412 Admissions as to facts and 302.36 Oral argument before the DOT documents. and add, in their place, the words decisionmaker. ‘‘seven (7)’’; in § 302.31(c), remove the 302.413 Evidence of previous violations. 302.37 Waiver of procedural steps after 302.414 Prehearing conference. references ‘‘(a), (b), and (c),’’. hearing. 302.415 Hearing. 302.38 Final decision of the DOT 302.416 Appearances by persons not PART 399Ð[AMENDED] decisionmaker. parties. Subpart BÐRules Applicable to U.S. Air 302.417 Settlement of proceedings. 34. The authority citation for part 399 302.418 Motions for immediate suspension is revised to read as follows: Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings of operating authority pendente lite. Authority: 49 U.S.C. 40101 et seq. 302.419 Modification or dissolution of 302.201 Applicability. enforcement actions. § 399.18 [Amended] 302.202 Contents of applications. 302.420 Saving clause. 35. In § 399.18, remove the words 302.203 Service of documents. 302.204 Responsive documents. Subpart EÐRules Applicable to ‘‘§ 302.909 of this chapter (Procedural 302.205 Economic data and other facts. Proceedings With Respect to Rates, Fares Regulations) and’’. 302.206 Verification. and Charges for Foreign Air Transportation 36. Part 302 is revised to read as Disposition of Applications 302.501 Applicability. follows: 302.502 Institution of proceedings. 302.207 Cases to be decided on written 302.503 Contents and service of petition or PART 302ÐRULES OF PRACTICE IN submissions. complaint. PROCEEDINGS 302.208 Petitions for oral presentation or 302.504 Dismissal of petition or complaint. judge’s decision. 302.505 Order of investigation. Sec. 302.209 Procedures for deferral of 302.506 Complaints requesting suspension 302.1 Applicability and description of part. applications. of tariffs; answers to such complaints. 302.2 Definitions. 302.210 Disposition of applications; orders 302.507 Computing time for filing establishing further procedures. complaints. Subpart AÐRules of General Applicability 302.211 Procedures in certificate cases 302.3 Filing of documents. involving initial or continuing fitness. Subpart FÐRules Applicable to 302.4 General requirements as to 302.212 Procedures in certificate cases Proceedings Concerning Airport Fees documents. involving international routes. 302.601 Applicability. 302.5 Amendment of documents. 302.213 Procedures in foreign air carrier 302.602 Complaint by a carrier; request for 302.6 Responsive documents. permit cases. determination by an airport owner or 302.7 Service of documents. 302.214 Oral evidentiary hearing. operator. 302.8 Computation of time. 302.215 Briefs to the administrative law 302.603 Contents of complaint or request 302.9 Continuances and extensions of time. judge. for determination.

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302.604 Answers to a complaint or request review of those decisions. This part Subpart AÐRules of General for determination. applies unless otherwise specified by Applicability 302.605 Replies. order of the Department. 302.606 Review of complaints or requests (b) Description. Subpart A of this part § 302.3 Filing of documents. for determination. 302.607 Decision by administrative law sets forth general rules applicable to all (a) Filing address, date of filing, types of proceedings. Each of the other judge. hours. (1) Documents required by any subparts of this part sets forth special 302.608 Petitions for discretionary review. section of this part to be filed with the 302.609 Completion of proceedings. rules applicable to the type of Department must be filed with 302.610 Final order. proceedings described in the title of the subpart. Therefore, for information as to Department of Transportation Dockets at Subpart GÐRules Applicable to Mail Rate the Department’s offices in Washington, Proceedings and Mail Contracts applicable rules, reference should be DC. Documents may be filed either on 302.701 Applicability. made to subpart A and to the rules in the subpart relating to the particular paper or by electronic means using the Final Mail Rate Proceedings type of proceeding, if any. In addition, process set at the DOT Dockets 302.702 Institution of proceedings. reference should be made to Subtitle VII Management System (DMS) internet 302.703 Order to show cause or instituting of Title 49 of the United States Code website. a hearing. (Transportation) (‘‘the Statute’’), and to (2) Such documents will be deemed to 302.704 Objections and answers to order to the substantive rules, regulations and show cause. be filed on the date on which they are 302.705 Further procedures. orders of the Department relating to the actually received by the Department. 302.706 Hearing. proceeding. Wherever there is any Documents must be filed between the conflict between one of the general rules Provision for Temporary Rate hours of 9:00 a.m. and 5:00 p.m., eastern in subpart A and a special rule in standard or daylight savings time, 302.707 Procedure for fixing temporary another subpart applicable to a mail rates. whichever is in effect in the District of particular type of proceeding, the Columbia at the time, Monday to Friday, special rule will govern. Informal Mail Rate Conference Procedure inclusive, except on legal holidays. 302.708 Invocation of procedure. (c) Reference to part and method of citing rules. This part may be referred to Electronic filings may be made at any 302.709 Scope of conferences. time under the process set by the 302.710 Participants in conferences. as the ‘‘Rules of Practice’’. Each section, 302.711 Conditions upon participation. and any paragraph or subparagraph Department. Electronic filings that are 302.712 Information to be requested from thereof, may be referred to as a ‘‘Rule’’. received after the specified Dockets an air carrier. The number of each rule need include Facility hours shall be deemed to be 302.713 DOT analysis of data for only the numbers and letters at the right constructively received on the next submission of answers thereto. Dockets Facility business day. 302.714 Availability of data to the U.S. of the decimal point. For example, Postal Service. ‘‘302.7 Service of documents’’, may be (b) Formal specifications of 302.715 Post-conference procedure. referred to as ‘‘Rule 7’’. documents. (1) Documents filed under 302.716 Effect of conference agreements. § 302.2 Definitions. this part must be on white paper not 302.717 Waiver of participant conditions. larger than 81⁄2 by 11 inches, including Administrative law judge as used in any tables, charts and other documents Processing Contracts for the Carriage of Mail this part means an administrative law that may be included. Ink must be black in Foreign Air Transportation judge appointed pursuant to 5 U.S.C. to provide substantial contrast for 302.718 Filing. 3105. 302.719 Explanation and data supporting DOT Decisionmaker as used in this scanning and photographic the contract. part is the official authorized to issue reproduction. Text must be double- 302.720 Service. final decisions of the Department as set spaced (except for footnotes and long 302.721 Complaints. quotations which may be single-spaced) 302.722 Answers to complaints. forth in § 302.18. This includes the 302.723 Further procedures. Assistant Secretary for Aviation and using type not smaller than 12 point. 1 302.724 Petitions for reconsideration. International Affairs, the senior career The left margin must be at least 1 ⁄2 official in the Office of the Assistant inches; all other margins must be at Appendix A to Part 302—Index to Secretary for Aviation and International least 1 inch. The title page and first page Rules of Practice Affairs, the Deputy Secretary, and the must bear a clear date and all Authority: 39 U.S.C. 5402; 42 U.S.C., 4321, Secretary. subsequent pages must bear a page 49 U.S.C. Subtitle I and Chapters 401, 411, Hearing case or oral hearing case number and abbreviated heading. In 413, 415, 417, 419, 461, 463, 471. means any proceeding that the order to facilitate automated processing Department has determined will be in document sheet feeders, documents § 302.1 Applicability and description of conducted on the record using oral of more than one page should be held part. evidentiary procedures subject to 5 together with removable metal clips or (a) Applicability. This part governs U.S.C. 556 and 557. similar retainers. Original documents the conduct of all aviation economic Non-hearing case means any may not be bound in any form or proceedings before the Department proceeding not involving oral include tabs, except in cases assigned by whether instituted by order of the evidentiary procedures. order to an Administrative Law Judge Department or by the filing with the Party as used in this part includes the for hearing, in which case the filing Department of an application, person initiating a proceeding, such as requirements will be set by order. complaint, petition, motion, or other an applicant, complainant, or petitioner; Section 302.35 contains additional authorized or required document. This any person filing an answer to such requirements as to the contents and part also contains delegations to filing; and any other persons as set forth style of briefs. administrative law judges and to the in § 302.10. DOT decisionmaker of the Department’s Statute when used in this chapter (2) Papers may be reproduced by any function to render the agency decision means Subtitle VII of Title 49 of the duplicating process, provided all copies in certain cases and the procedures for United States Code (Transportation). are clear and legible. Appropriate notes

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Number of copies

Airport Fees ...... 9 Agreements: International Air Transport Association (IATA) ...... 6 Other (under 49 U.S.C. 41309) ...... 9 Complaints: Enforcement ...... 5 Mail Contracts ...... 4 Rates, Fares and Charges in Foreign Air Transportation ...... 6 Unfair Practices in Foreign Air Transportation ...... 7 Employee Protection Program (14 CFR 314) ...... 7 Exemptions: Computer Reservations Systems (14 CFR 255) ...... 8 Slot Exemptions (under 49 U.S.C. 41714) ...... 7 Tariffs (under 49 U.S.C. Chapter 415 or 14 CFR 221) ...... 5 Other (under 49 U.S.C. 40109) ...... 7 Foreign Air Carrier Permits/Exemptions ...... 7 International Authority for U.S. Air Carriers (certificates, exemptions, allocation of limited frequencies, designations, or charters) .... 7 Mail Rate Proceedings ...... 4 Name Change/Trade Name Registrations ...... 4 Suspension of Service (14 CFR 323) ...... 4 Tariff Justifications to exceed Standard International Fare Level ...... 6 U.S. Air Carrier Certificates (involving Initial or Continuing Fitness) ...... 6 Other matters ...... 3

(d) Prohibition and dismissal of that have not been docketed, may be complaint, motion or other authorized certain documents. (1) No document submitted in the form of a letter. or required document, such document that is subject to the general (2) If any document initiating, or filed shall contain a proper identification of requirements of this subpart concerning in, a proceeding is not in substantial the parties concerned, a concise but form, filing, subscription, service or conformity with the applicable rules or complete statement of the facts relied similar matters will be accepted for regulations of the Department as to the upon and the relief sought, and, where filing by the Department, and will not contents thereof, or is otherwise required, such document shall be be physically incorporated in the docket insufficient, the Department, on its own accompanied by an Energy Statement, of the proceeding, unless: initiative, or on motion of any party, in conformity with the provisions of (i) Such document and its filing by may reject, strike or dismiss such part 313 of this chapter. the person submitting it have been document, or require its amendment. (2)(i) Each document must include expressly authorized or required in the (e) Official docket copy. With respect with or provide on its first page: Statute, any other law, this part, other to all documents filed under this part, (A) The docket title and subject; Department regulations, or any order, the electronic record produced by the (B) The relevant operating notice or other document issued by the Department shall thereafter be the administration before which the DOT decisionmaker, the Chief official docket copy of the document application or request is filed; Administrative Law Judge or an and any subsequent copies generated by (C) The identity of the filer and its administrative law judge assigned to the the Department’s electronic records filing agent, if applicable; system will be usable for admission as proceeding, and (D) The name and mailing address of record copies in any proceeding before the designated agent for service of any (ii) Such document complies with the Department. documents filed in the proceeding, each of the requirements of this (f) Retention of documents by the along with the telephone and facsimile paragraph and 302.7, and for those Department. All documents filed with numbers and, if available, electronic electronically filed, the requirements or presented to the Department Dockets mail address of that person; and specified at the DOT DMS internet will be retained in the permanent website, and is submitted as a formal docket of the Department of (E) The title of the specific action application, complaint, petition, Transportation. being requested. motion, answer, pleading, or similar (ii) Department of Transportation paper rather than as a letter, telegram, § 302.4 General requirements as to Dockets has an Expedited Processing or other informal written documents. Sheet that filers can use to assist in communication; Provided, however, (a) Contents. (1) In case there is no preparing this index for submission of That for good cause shown, pleadings of rule, regulation, or order of the paper documents, and an electronic any public body or civic organization or Department that prescribes the contents registration for electronic filing at the comments concerning tariff agreements of a formal application, petition, DOT DMS internet website.

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(3) All documents filed under this further responsive document is not notices and processes in a proceeding part consisting of twenty (20) or more authorized. by personal service or registered or pages must contain a subject index of (c) Motions for leave to file otherwise certified mail. the matter in such document, with page unauthorized documents. (1) The (c) Who may be served. Service upon references. Department will accept otherwise a party or person may be made upon an (b) Verification: The following unauthorized documents for filing only individual, or upon a member of a certification shall be included with if leave has been obtained from the DOT partnership or firm to be served, or every pleading filed under this part: decisionmaker or, if applicable, the upon the president or other officer of ‘‘Pursuant to Title 18 United States administrative law judge, on written the corporation, company, firm, or Code Section 1001, I [the individual motion and for good cause shown. association to be served, or upon the signing the pleading, who shall be a (2) Such motions shall contain a assignee or legal successor of any of the principal owner, senior officer, or concise statement of the matters relied foregoing, or upon any attorney of internal counsel of the pleader], in my upon as good cause and shall be record for the party, or upon the agent individual capacity and as the attached to the pleading or other designated by an air carrier or foreign authorized representative of the pleader, document for which leave to file is air carrier under section 46103 of the have not in any manner knowingly and sought, or the written motion may be Statute, but it shall be served upon a willfully falsified, concealed or failed to incorporated into the otherwise person designated by a party to receive disclose any material fact or made any unauthorized document for which service of documents in a particular false, fictitious, or fraudulent statement admission is sought. In such event, the proceeding in accordance with or knowingly used any documents document filed shall be titled to § 302.4(a)(2)(iv) once a proceeding has which contain such statements in describe both the motion and the been commenced. (d) Where service may be made. connection with the preparation, filing underlying documents. Service shall be made at the principal or prosecution of the pleading. I (3) Where unauthorized responsive place of business of the party to be understand that an individual who is documents are not permitted, all new served, or at his or her usual residence found to have violated the provisions of matter contained in an answer filed if he or she is an individual, or at the 18 U.S.C. section 1001 shall be fined or pursuant to paragraph (a) of this section office of the party’s attorney of record, imprisoned not more than five years, or shall be deemed controverted. (d) Time for filing. Except as or at the office or usual residence of the both.’’ In addition, electronic otherwise provided, an answer, motion, agent designated by an air carrier or subscription requirements shall be those or other further responsive document foreign air carrier under section 46103 specified at the DOT DMS internet shall be filed within seven (7) days after of the Statute, or at the post office or website. service of any document, order, or electronic address or facsimile number § 302.5 Amendment of documents. ruling to which the proposed filing is stated for a person designated to receive (a) An application may be amended responsive and must be served on all service pursuant to § 302.4(a)(2)(iv). (e) Proof of service. Proof of service of prior to the filing of answers thereto, or, parties to the proceeding. any document shall consist of one of the if no answer is filed, prior to the § 302.7 Service of documents. following: issuance of an order establishing further (a) Who makes service. (1) The (1) A certificate of mailing executed procedures, disposing of the Department. Formal complaints, by the person mailing the document. application, or setting the case for notices, orders, and similar documents (2) A certificate of successful hearing. Thereafter, applications may be issued by the Department will be served transmission executed by the person amended only if leave is granted by the Department upon all parties to transmitting the document by facsimile pursuant to the procedures set forth in the proceeding. or electronic mail, listing the facsimile § 302.11. (2) The parties. Answers, petitions, numbers or electronic mail address to (b) Except as otherwise provided, if motions, briefs, exceptions, notices, which the document was sent, and properly amended, a document and any protests, or memoranda, or any other stating that no indication was received statutory deadline shall be made documents filed by any party or other that any transmission had failed. In the effective as of the date of original filing person with the Department shall be event of an electronic transmission but the time prescribed for the filing of served by such party or other person failure, any other authorized means of an answer or any further responsive upon all parties to the proceeding in service may be substituted and the document directed towards the which it is filed; including, where appropriate proof of service provided. amended document shall be computed applicable, all persons who have (f) Date of service. The date of service from the date of the filing of the petitioned for intervention in, or by post office or electronic mail is the amendment. consolidation of applications with, such date of mailing. Whenever proof of proceeding. Proof of service shall service by personal delivery or facsimile § 302.6 Responsive documents. accompany all documents when they transmission is made, the date of such (a) Answers. Answers to applications, are filed. The Department may require delivery or facsimile transmission shall complaints, petitions, motions or other additional service of any document(s). be the date of service. documents or orders instituting (b) How service may be made. Service (g) Freely Associated State proceedings may be filed by any person. may be made by first class mail, express Proceedings. In any proceeding directly In hearing cases, answers may be filed mail, priority mail, registered or involving air transportation to the by any party to such proceedings or any certified mail, facsimile transmission, Federated States of Micronesia, the person who has a petition for personal delivery, or by electronic mail. Marshall Islands, or Palau, the intervention pending. Except as The Department may prescribe other Department and any party or participant otherwise provided, answers are not means of service by order or notice. The in the proceeding shall serve all required. means of service selected must be done documents on the President and the (b) Further responsive documents. in such manner so as to have the same designated authorities of the Except as otherwise provided, a reply to attributes as section 46103 of the government(s) involved. This an answer, reply to a reply, or any Statute, which provides for service of requirement shall apply to all

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(c) An association composed entirely (7) days after a motion is served, or such In computing any period of time or in part of air carriers may participate other period as the DOT decisionmaker prescribed or allowed by this part, by in any proceedings of the Department to or the administrative law judge may fix, notice, order or regulation or by any which the Department’s procedural any party to the proceeding may file an applicable statute, the day of the act, regulations apply if the association answer in support of or in opposition to event, or default after which the represents members that are identified the motion, accompanied by such designated period of time begins to run in any documents filed with the affidavits or other evidence as it desires is not to be included. The last day of the Department, and that have specifically to rely upon. Except as otherwise period so computed is to be included, authorized the positions taken by the provided, no reply to an answer, reply unless it is a Saturday, Sunday, or legal association in that proceeding. The to a reply, or any further responsive holiday for the Department, in which specific authorizations may be informal document shall be filed. event the period runs until the end of and evidence of them shall be provided (d) Oral arguments; briefs. No oral the next day that is neither a Saturday, only upon request of the Department. argument will be heard on motions Sunday, nor holiday. When the period Upon motion of any interested person or unless the DOT decisionmaker or the of time prescribed is seven (7) days or upon its own initiative, the Department administrative law judge otherwise fewer, intermediate Saturdays, Sundays, may issue an order requiring an directs. Written memoranda or briefs and holidays shall be excluded in the association to withdraw from a case on may be filed with motions or answers to computation, unless otherwise specified the grounds of significant divergence of motions, stating the points and by the DOT decisionmaker or the interest or position within the authorities relied upon in support of the administrative law judge assigned to the association. position taken. proceeding, as the case may be. (e) Requests for expedition. Any § 302.11 Motions. interested person may by motion § 302.9 Continuances and extensions of (a) Generally. An application to the request expedition of any proceeding or time. DOT decisionmaker or an file an answer in support of or in (a) Whenever a party has the right or administrative law judge for an order or opposition to such motions. obligation to take action within a period ruling not otherwise specifically (f) Effect of pendency of motions. The prescribed by this part, by a notice given provided for in this part shall be by filing or pendency of a motion shall not thereunder, or by an order or regulation, motion. If an administrative law judge is automatically alter or extend the time to the DOT decisionmaker or the assigned to a proceeding and before the take action fixed by this part or by any administrative law judge assigned to the issuance of a recommended or initial order of the Department or of an proceeding, as appropriate, may: decision or the certification of the administrative law judge (or any (1) Before the expiration of the record to the DOT decisionmaker, all extension granted thereunder). prescribed period, with or without motions shall be addressed to the (g) Disposition of motions. The DOT notice, extend such period, or administrative law judge. At all other decisionmaker shall pass upon all (2) Upon motion, permit the act to be times, motions shall be addressed to the motions properly submitted to him or done after the expiration of the specified DOT decisionmaker. All motions shall her for decision. The administrative law period, where good cause for the failure be made at an appropriate time judge shall pass upon all motions to act on time is clearly shown. depending upon the nature thereof and properly addressed to him or her, except (b) Except where an administrative the relief requested therein. This that, if the administrative law judge law judge has been assigned to a paragraph should not be construed as finds that a prompt decision by the DOT proceeding, requests for continuance or authorizing motions in the nature of decisionmaker on a motion is essential extensions of time, as described in petitions for reconsideration. to the proper conduct of the proceeding, paragraph (a) of this section, shall be (b) Form and contents. Unless made the administrative law judge may refer directed to the DOT decisionmaker. during a hearing, motions shall be made such motion to the DOT decisionmaker Requests for continuances and in writing in conformity with §§ 302.3 for decision. extensions of time may be directed to and 302.4, shall state their grounds and (h) Appeals to the DOT the Chief Administrative Law Judge in the relief or order sought, and shall be decisionmaker from rulings of the absence of the administrative law accompanied by any affidavits or other administrative law judges. Rulings of judge assigned to the proceeding. evidence desired to be relied upon. administrative law judges on motions Motions made during hearings, answers may not be appealed to the DOT § 302.10 Parties. to them, and rulings on them, may be decisionmaker prior to his or her (a) In addition to the persons set forth made orally on the record unless the consideration of the entire proceeding in § 302.2, in hearing cases, parties shall administrative law judge directs except in extraordinary circumstances include Department staff designated to otherwise. Written motions shall be and with the consent of the participate in the proceeding and any filed as separate documents, and shall administrative law judge. An appeal persons authorized to intervene or not be incorporated in any other shall be disallowed unless the granted permission to participate in documents, except where incorporation administrative law judge finds, either on accordance with §§ 302.19 and 302.20. of a motion in another document is the record or in writing, that the In any proceeding directly involving air specifically authorized by the allowance of such an appeal is transportation to the Federated States of Department, or where a document is necessary to prevent substantial Micronesia, the Marshall Islands or filed that requests alternative forms of detriment to the public interest or Palau, these governments or their relief and one of these alternative undue prejudice to any party. If an designated authorities shall be a party. requests is properly to be made by appeal is allowed, any party may file a (b) Upon motion and for good cause motion. In these instances the document brief with the DOT decisionmaker shown, the Department may order a filed shall be appropriately titled and within such period as the administrative

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The rulings of the Requested Under § 302.12 Testimony the objecting person in good faith administrative law judge on a motion Given by (name of witness or intends to seek judicial review of the may be reviewed by the DOT deponent).’’ Within five (5) days after Department’s order. decisionmaker in connection with his or such testimony is given, the objecting (f) Objection by Government her final action in the proceeding or at person shall file a motion in accordance departments or representative thereof. any other appropriate time irrespective with the procedure outlined in In the case of objection to the public of the filing of an appeal or any action paragraph (d) of this section, to disclosure of any information filed by or taken on it. withhold the information from public elicited from any United States disclosure. Notwithstanding any other Government department or agency, or § 302.12 Objections to public disclosure of provision of this section, copies of the representative thereof, under paragraph information. segregated portion of the transcript and (b) or (c) of this section, the department (a) Generally. Part 7 of the Office of of the motion need not be served upon or agency making such objection shall the Secretary regulations, Public any other party unless so ordered by the be exempted from the provisions of Availability of Information, governs the Department. paragraphs (b), (c), and (d) of this availability of records and documents of (d) Form of motion. Motions to section insofar as said paragraphs the Department to the public. (49 CFR withhold from public disclosure require the filing of a written objection 7.1 et seq.) information covered by paragraphs (b) to such disclosure. However, any (b) Information contained in written and (c) of this section shall be filed with department, agency, or representative documents. Any person who objects to the Department in accordance with the thereof may, if it so desires, file a the public disclosure of any information following procedure: memorandum setting forth the reasons filed in any proceeding, or pursuant to (1) The motion shall include: why it is claimed that a public the provisions of the Statute, or any (i) An index listing the information or disclosure of the information should not Department rule, regulation, or order, document sought to be withheld by an be made. If such a memorandum is shall segregate, or request the identifying number, and including its submitted, it shall be filed and handled segregation of, such information into a title, description and number of pages, as is provided by this section in the case separate submission and shall file it and, if relevant, the specific location of a motion to withhold information separately in a sealed envelope, bearing within a document; from public disclosure. the caption of the enclosed submission, (ii) A statement explaining how and and the notation ‘‘Confidential why the information falls within one or § 302.13 Consolidation of proceedings. Treatment Requested Under § 302.12.’’ more of the exemptions from the (a) Initiation of consolidations. The At the time of filing such submission Freedom of Information Act (5 U.S.C. Department, upon its own initiative or (or, when the objection is made by a 552(b)(1)–(9)); and upon motion, may consolidate for person who is not the filer, within five (iii) A statement explaining how and hearing or for other purposes or may (5) days after the filing of such why public disclosure of the contemporaneously consider two or submission), the objecting party shall information would adversely affect the more proceedings that involve file a motion to withhold the interests of the objecting persons and is substantially the same parties, or issues information from public disclosure, in not required in the interest of the that are the same or closely related, if it accordance with the procedure outlined public. finds that such consolidation or in paragraph (d) or (f) of this section, as (2) Such motion shall be filed with contemporaneous consideration will be appropriate. Notwithstanding any other the person conducting the proceeding, conducive to the proper dispatch of its provision of this section, copies of the or with the person with whom said business and to the ends of justice and filed submission and of the motion need application, report, or submission is will not unduly delay the proceedings. not be served upon any other party required to be filed. Such motion will be Although the Department may, in any unless so ordered by the Department. denied when the complete justification particular case, consolidate or (c) Information contained in oral required by this paragraph is not contemporaneously consider two or testimony. Any person who objects to provided. more proceedings on its own motion, the public disclosure of any information (3) During the pendency of such the burden of seeking consolidation or sought to be elicited from a witness or motion, the ruling official may, by contemporaneous consideration of a deponent on oral examination shall, notice or order, allow limited disclosure particular application shall rest upon before such information is disclosed, to parties’ representatives, for purposes the applicant and the Department will make his or her objection known. Upon of participating in the proceeding, upon not undertake to search its docket for all such objection duly made, the witness submission by them of affidavits applications that might be consolidated or deponent shall be compelled to swearing to protect the confidentiality or contemporaneously considered. disclose such information only in the of the documents at issue. (b) Time for filing. Unless the presence of the administrative law judge (e) Conditions of disclosure. The Department has provided otherwise in a or the person before whom the order, notice or other action of the particular proceeding, a motion to deposition is being taken, as the case Department containing its ruling upon consolidate or contemporaneously may be, the official stenographer and each such motion will specify the extent consider an application with any other such attorneys for and representative of to which, and the conditions upon application shall be filed within 21 days each party as the administrative law which, the information may be of the original application in the case of judge or the person before whom the disclosed to the parties and to the international route awards under deposition is being taken shall public, which ruling shall become section 41102 of the Statute (see designate, and after all present have effective upon the date stated therein, § 302.212), or, where a proceeding has been sworn to secrecy. The transcript of unless, within five (5) days after the been set for hearing before an testimony containing such information date of the entry of the Department’s administrative law judge, not later than shall be segregated and filed in a sealed order with respect thereto, a petition is the prehearing conference in the envelope, bearing the title and docket filed by the objecting person requesting proceeding with which consolidation or

VerDate 272000 14:19 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\09FER2.SGM pfrm03 PsN: 09FER2 Federal Register / Vol. 65, No. 27 / Wednesday February 9, 2000 / Rules and Regulations 6463 contemporaneous consideration is the filing has expired, will not be amendment, modification, or repeal of requested. If made at such conference, granted except on a showing of unusual any regulation, subject to the provisions the motion may be oral. All motions for and exceptional circumstances, of part 5, Rulemaking Procedures, of the consolidation or consideration of issues constituting good cause for the movant’s Office of the Secretary regulations (49 that enlarge, expand, or otherwise inability to meet the established CFR 5.1 et seq.). change the nature of the proceeding procedural dates. shall be addressed to the DOT (b) Contents of petition. A petition for Oral Evidentiary Hearing Proceedings decisionmaker, unless made orally at reconsideration, rehearing, or § 302.17 Administrative law judges. the prehearing conference, in which reargument shall state, briefly and (a) Powers and delegation of event the presiding administrative law specifically, the matters of record authority. (1) An administrative law judge shall present such motion to the alleged to have been erroneously judge shall have the following powers, DOT decisionmaker for his or her decided, the ground relied upon, and in addition to any others specified in decision. A motion that is not timely the relief sought. If a decision by the this part: filed, or that does not relate to an Secretary or Deputy Secretary is (i) To give notice concerning and to application pending at such time, shall requested, the petition should describe hold hearings; be dismissed unless the movant shall in detail the reasons for such request (ii) To administer oaths and clearly show good cause for failure to and specify any important national affirmations; file such motion or application on time. transportation policy issues that are (iii) To examine witnesses; (c) Answer. If a motion to consolidate presented. If the petition is based, in (iv) To issue subpoenas and to take or two or more proceedings is filed with whole or in part, on allegations as to the cause depositions to be taken; the Department, any party to any of consequences that would result from the (v) To rule upon offers of proof and such proceedings, or any person who final order, the basis of such allegations to receive relevant evidence; has a petition for intervention pending, shall be set forth. If the petition is based, (vi) To regulate the course and may file an answer to such motion in whole or in part, on new matter, such conduct of the hearing; within such period as the DOT new matter shall be set forth, (vii) To hold conferences before or decisionmaker may permit. The accompanied by a statement to the effect during the hearing for the settlement or administrative law judge may require that petitioner, with due diligence, simplification of issues; that answers to such motions be stated could not have known or discovered (viii) To rule on motions and to orally at the prehearing conference in such new matter prior to the date the dispose of procedural requests or the proceeding with which the case was submitted for decision. Unless similar matters; consolidation is proposed. otherwise directed by the DOT (ix) To make initial or recommended decisions as provided in § 302.31; § 302.14 Petitions for reconsideration. decisionmaker upon a showing of unusual or exceptional circumstances, (x) To take any other action (a) Department orders subject to petitions for reconsideration, rehearing authorized by this part or by the Statute. reconsideration; time for filing. (1) (2) The administrative law judge shall or reargument or answers thereto that Unless an order or a rule of the have the power to take any other action exceed twenty-five (25) pages (including Department specifically provides authorized by part 385 of this chapter or appendices) in length shall not be otherwise: by the Administrative Procedure Act. (i) Any interested person may file a accepted for filing by Department of (3) The administrative law judge petition for reconsideration of any Transportation Dockets. assigned to a particular case is delegated (c) Successive petitions. A successive interlocutory order issued by the the DOT decisionmaker’s function of petition for rehearing, reargument, Department that institutes a proceeding; making the agency decision on the reconsideration filed by the same party and substantive and procedural issues or person, and upon substantially the (ii) Any party to a proceeding may file remaining for disposition at the close of same ground as a former petition that a petition for reconsideration, rehearing, the hearing in such case, except that this has been considered or denied will not or reargument of final orders issued by delegation does not apply in cases be entertained. the Department (See § 302.38), or an where the record is certified to the DOT interlocutory order that defines the Non-Hearing Proceedings decisionmaker, with or without an scope and issues of a proceeding or initial or recommended decision by the § 302.15 Non-hearing procedures. suspends a provision of a tariff on file administrative law judge, or in cases with the Department. In cases where oral evidentiary requiring Presidential approval under (2) Unless otherwise provided, hearing procedures will not be used, section 41307 of the Statute. This petitions for reconsideration shall be § 302.17 through § 302.37, relating to delegation does not apply to the review filed, in the case of a final order, within hearing procedures, shall not be of rulings by the administrative law twenty (20) days after service thereof, applicable except to the extent that the judge on interlocutory matters that have and, in the case of an interlocutory DOT decisionmaker shall determine that been appealed to the DOT order, within ten (10) days after service. the application of some or all of such decisionmaker in accordance with the However, neither the filing nor the rules in the particular case will be requirements of § 302.11. granting of such a petition shall operate conducive to the proper dispatch of its (4) The administrative law judge’s as a stay of such final or interlocutory business and to the public interest. authority in each case will terminate order unless specifically so ordered by References in these and other sections of either upon the certification of the the DOT decisionmaker. Within ten (10) this part to powers or actions by record in the proceeding to the DOT days after a petition for reconsideration, administrative law judges shall not decisionmaker, or upon the issuance of rehearing, or reargument is filed, any apply. an initial or recommended decision, or party to the proceeding may file an Rulemaking Proceedings when he or she shall have withdrawn answer in support of or in opposition. from the case upon considering himself Motions for extension of time to file a § 302.16 Petitions for rulemaking. or herself disqualified. petition or answer, and for leave to file Any interested person may petition (b) Disqualification. An a petition or answer after the time for the Department for the issuance, administrative law judge shall withdraw

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(5) The extent to which petitioner’s facts and the administrative law judge (3) Upon review or reconsideration, interest will be represented by existing does not withdraw, the DOT the Assistant Secretary may either parties; decisionmaker shall determine the affirm the decision or remand the (6) The extent to which petitioner’s matter, if properly presented by decision to the senior career official for participation may reasonably be exception or brief, as a part of the record further action consistent with such expected to assist in the development of and decision in the case. The DOT order of remand. a sound record; and decisionmaker shall not otherwise (4) Subject to the provisions of (7) The extent to which participation consider any claim of bias or paragraphs (b)(1) through (3) of this of the petitioner will broaden the issues disqualification. The DOT section, final decisions of the senior or delay the proceeding. decisionmaker, in his or her discretion, career official will be transmitted to the (c) Petition to intervene. (1) Contents. may order a hearing on a charge of bias President of the United States when Any person desiring to intervene in a or disqualification. required under 49 U.S.C. 41307. proceeding shall file a petition in (c) Secretary and Deputy Secretary. § 302.18 DOT decisionmaker. conformity with this part setting forth The Secretary or Deputy Secretary may (a) Assistant Secretary for Aviation the facts and reasons why he or she exercise any authority of the Assistant thinks he or she should be permitted to and International Affairs. Except as Secretary whenever he or she believes a provided in paragraphs (b) and (c) of intervene. The petition should make decision involves important questions specific reference to the factors set forth this section, the Assistant Secretary for of national transportation policy. Aviation and International Affairs is the in paragraph (b) of this section. DOT decisionmaker. The Assistant § 302.19 Participation by persons not (2) Time for filing. Unless otherwise Secretary shall have all of the powers parties. ordered by the Department: set forth in § 302.17(a)(1) and those Any person, including any State, (i) A petition to intervene shall be additional powers delegated by the subdivision thereof, State aviation filed with the Department prior to the Secretary. The Assistant Secretary may commission, or other public body, may first prehearing conference, or, in the delegate this authority in appropriate appear at any hearing, other than in an event that no such conference is to be non-hearing cases to subordinate enforcement proceeding, and present held, not later than fifteen (15) days officials. any evidence that is relevant to the prior to the hearing. (b) Oral hearing cases assigned to the issues. With the consent of the (ii) A petition to intervene filed by a senior career official. Carrier selection administrative law judge or the DOT city, other public body, or a chamber of proceedings for international route decisionmaker, such person may also commerce shall be filed with the authority that are set for oral hearing cross-examine witnesses directly. Such Department not later than the last day and such other oral hearing cases as the persons may also present to the prior to the beginning of the hearing. Secretary deems appropriate will be administrative law judge a written (iii) A petition to intervene that is not assigned to the senior career official in statement on the issues involved in the timely filed shall be dismissed unless the Office of the Assistant Secretary for proceeding. Such written statements the petitioner shall clearly show good Aviation and International Affairs, who shall be filed and served on all parties cause for his or her failure to file such will serve as the DOT decisionmaker. In prior to the close of the hearing. petition on time. all such cases, the administrative law (3) Answer. Any party to a proceeding judge shall render a recommended § 302.20 Formal intervention. may file an answer to a petition to decision to the senior career official, (a) Who may intervene. Any person intervene, making specific reference to who shall have all of the powers set who has a statutory right to be made a the factors set forth in paragraph (b) of forth in § 302.17(a)(1) and those party to an oral evidentiary hearing this section, within seven (7) days after additional powers delegated by the proceeding shall be permitted to the petition is filed. Secretary. intervene. Any person whose (4) Disposition. The decision granting, (1) Decisions of the senior career intervention will be conducive to the denying or otherwise ruling on any official are subject to review by, and at public interest and will not unduly petition to intervene may be issued the discretion of, the Assistant Secretary delay the conduct of such proceeding without receiving testimony or oral for Aviation and International Affairs. may be permitted to intervene. argument either from the petitioner or Petitions for discretionary review of (b) Considerations relevant to other parties to the proceeding. decisions of the senior career official determination of petition to intervene. (d) Effect of granting intervention. A will not be entertained. A notice of In passing upon a petition to intervene, person permitted to intervene in a review by the Assistant Secretary will the following factors, among other proceeding thereby becomes a party to establish the procedures for review. things, will be considered and will be the proceeding. However, interventions Unless a notice of review is issued, the liberally interpreted to facilitate the provided for in this section are for decision of the senior career official will effective participation by members of administrative purposes only, and no be issued as a final decision of the the public in Department proceedings: decision granting leave to intervene Department and will be served fourteen (1) The nature of the petitioner’s right shall be deemed to constitute an (14) days after it is adopted by the under the statute to be made a party to expression by the Department that the senior career official. the proceeding; intervening party has such a substantial (2) Final decisions of the senior career (2) The nature and extent of the interest in the order that is to be entered official may be reviewed upon a petition property, financial or other interest of in the proceeding as will entitle it to for reconsideration filed pursuant to the petitioner; judicial review of such order.

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§ 302.21 Appearances. his or her own initiative or on motion (c) Exhibits. When exhibits are offered (a) Any party to a proceeding may of any party, direct any party to the in evidence, one copy must be furnished appear and be heard in person or by a proceeding (air carrier or non-air carrier) to each of the parties at the hearing, and designated representative. to prepare and submit exhibits setting two copies to the administrative law (b) No register of persons who may forth studies, forecasts, or estimates on judge, unless the parties previously practice before the Department is matters relevant to the issues in the have been furnished with copies or the maintained and no application for proceeding. administrative law judge directs admission to practice is required. (c) Report of prehearing conference. otherwise. If the administrative law (c) Any person practicing or desiring The administrative law judge shall issue judge has not fixed a time for the to practice before the Department may, a report of prehearing conference, exchange of exhibits, the parties shall upon hearing and good cause shown, be defining the issues, giving an account of exchange copies of exhibits at the suspended or barred from practicing. the results of the conference, specifying earliest practicable time, preferably a schedule for the exchange of exhibits before the hearing or, at the latest, at the § 302.22 Prehearing conference. and rebuttal exhibits, the date of commencement of the hearing. Copies (a) Purpose and scope of conference. hearing, and specifying a time for the of exhibits may, at the discretion of the At the discretion of the administrative filing of objections to such report. The administrative law judge or the DOT law judge, a prehearing conference may report shall be served upon all parties decisionmaker, be furnished by use of be called prior to any hearing. Written to the proceeding and any person who electronic media in lieu of or in notice of the prehearing conference appeared at the conference. Objections addition to a paper record copy. shall be sent by the administrative law to the report may be filed by any (d) Substitution of copies for original judge to all parties to a proceeding and interested person within the time exhibits. In his or her discretion, the to other persons who appear to have an specified therein. The administrative administrative law judge may permit a interest in such proceeding. The law judge may revise his or her report party to withdraw original documents purpose of such a conference is to in the light of the objections presented. offered in evidence and substitute true define the issues and the scope of the The revised report, if any, shall be copies in lieu thereof. proceeding, to secure statements of the served upon the same persons as was (e) Designation of parts of documents. positions of the parties and amendments the original report. Exceptions may be When relevant and material matter to the pleadings, to schedule the taken on the basis of any timely written offered in evidence by any party is exchange of exhibits before the date set objection that has not been met by a embraced in a book, paper, or document for hearing, and to arrive at such revision of the report if the exceptions containing other matter not material or agreements as will aid in the conduct are filed within the time specified in the relevant, the party offering the same and disposition of the proceeding. For revised report. Such report shall shall plainly designate the matter so example, consideration will be given to: constitute the official account of the offered. The immaterial and irrelevant (1) Matters that the DOT conference and shall control the parts shall be excluded and shall be decisionmaker can consider without the subsequent course of the proceeding, segregated insofar as practicable. If the necessity of proof; but it may be reconsidered and modified volume of immaterial or irrelevant (2) Admissions of fact and of the at any time to protect the public interest matter would unduly encumber the genuineness of documents; or to prevent injustice. record, such submission will not be (3) Requests for documents; received in evidence, but may be (4) Admissibility of evidence; § 302.23 Hearing. marked for identification, and, if (5) Limitation of the number of The administrative law judge to properly authenticated, the relevant or witnesses; whom the case is assigned or the DOT material matter may be read into the (6) Reducing of oral testimony to decisionmaker shall give the parties record, or, if the administrative law exhibit form; reasonable notice of a hearing or of the judge so directs, a true copy of such (7) Procedure at the hearing; and change in the date and place of a matter, in proper form, shall be received (8) Use of electronic media as a basis hearing and the nature of such hearing. as an exhibit, and like copies delivered for exchange of briefs, hearing by the party offering the same to transcripts and exhibits, etc., in addition § 302.24 Evidence. opposing parties or their attorneys to the official record copy. (a) Presenting evidence. Presenting appearing at the hearing, who shall be (b) Actions during prehearing evidence at the hearing shall be limited afforded an opportunity to examine the conference. The administrative law to material evidence relevant to the submission, and to offer in evidence in judge may require a further conference, issues as drawn by the pleadings or as like manner other portions of the or responsive pleadings, or both. If a defined in the report of prehearing exhibit. party refuses to produce documents conference, subject to such later (f) Records in other proceedings. In requested by another party at the modifications of the issues as may be case any portion of the record in any conference, the administrative law judge necessary to protect the public interest other proceeding or civil or criminal may compel the production of such or to prevent injustice, and shall not be action is offered in evidence, a true copy documents prior to a hearing by unduly repetitious. Evidence shall be of such portion shall be presented for subpoena issued in accordance with the presented in such form by all parties as the record in the form of an exhibit provisions of § 302.25 as though at a the administrative law judge may direct. unless: hearing. Applications for the production (b) Objections to evidence. Objections (1) The portion is specified with prior to hearing of documents in the to the admission or exclusion of particularity in such manner as to be Department’s possession shall be evidence shall be in short form, stating readily identified; addressed to the administrative law the grounds of objections relied upon, (2) The party offering the same agrees judge, in accordance with the provisions and the transcript shall not include unconditionally to supply such copies of § 302.25(g), in the same manner as argument or debate except as ordered by later, or when required by the DOT provided therein for production of the administrative law judge. Rulings on decisionmaker; documents at a hearing. The such objections shall be a part of the (3) The parties represented at the administrative law judge may also, on transcript. hearing stipulate upon the record that

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(xi) National Plan of Integrated (h) Receipt of documents after (g) Official notice of facts contained in Airport Systems (NPIAS) issued by the hearing. No document or other writings certain documents. (1) Without limiting, FAA. shall be accepted for the record after the in any manner or to any extent, the (xii) Airport Facilities Directory, Form close of the hearing except in discretionary powers of the DOT 5010, issued by the FAA. accordance with an agreement of the decisionmaker and the administrative (xiii) The Airman’s Information parties and the consent of the law judge to notice other matters or Manual issued by the FAA. administrative law judge or the DOT documents properly the subject of (xiv) ICAO Statistical Summary, decisionmaker. official notice, facts contained in any Preliminary Issues and Nos. 1 through (i) Exceptions. Formal exceptions to document within the categories 14, and Digest of Statistics, Nos. 15 the rulings of the administrative law enumerated in this subdivision are through 71, prepared by ICAO, judge made during the course of the officially noticed in all formal economic Montreal, Canada, with all changes and hearing are unnecessary. For all proceedings except those subject to additions. purposes for which an exception subpart D of this part. Each such (xv) Monthly, quarterly and annual otherwise would be taken, it is category shall include any document reports of the Immigration and sufficient that a party, at the time the antedating the final Department Naturalization Service, U.S. Department ruling of the administrative law judge is decision in the proceeding where such of Justice. made or sought, makes known the notice is taken. The matters officially (xvi) All forms and reports required action he or she desires the noticed under the provisions of this by the U.S. Postal Service to be filed by administrative law judge to take or his paragraph are: air carriers authorized to transport mail. or her objection to an action taken, and (i) Air carrier certificates or (xvii) All orders of the Postmaster his or her grounds therefor. applications therefor, together with any General designating schedules for the (j) Offers of proof. Any offer of proof requests for amendment, and pleadings transportation of mail. made in connection with an objection responding to applications when (xviii) Publications of the Bureau of taken to any ruling of the administrative properly filed. the Census of the U.S. Department of law judge rejecting or excluding (ii) All Form 41 reports required to be Commerce (DOC) relating, but not proffered oral testimony shall consist of filed by air carriers with the necessarily limited, to population, a statement of the substance of the Department. manufacturing, business, statistics, and evidence that counsel contends would (iii) Reports of Traffic and Financial any yearbooks, abstracts, or similar be adduced by such testimony, and if Data of all U.S. Air Carriers issued by publications published by DOC. the excluded evidence consists of the Civil Aeronautics Board (CAB) or (xix) ABC World Airways Guide and evidence in documentary or written the Department. all Official Airline Guides, including the form or of reference to documents or (iv) Airline Traffic Surveys and North American, Worldwide, All-Cargo records, a copy of such evidence shall Passenger Origin-Destination Surveys, and quick reference editions, including be marked for identification and shall Domestic and International, compiled electronic versions. constitute the offer of proof. by the CAB or the Department and (xx) Official Guide of the Railways published and/or made available either and Russell’s Official National Motor § 302.25 Subpoenas. to the public or to parties in Coach Guide. (a) An application for a subpoena proceedings. (xxi) The Rand McNally Commercial requiring the attendance of a witness at (v) Compilations of data relating to Atlas and Marketing Guide, and the a hearing or the production of competition in the airline industry and Rand McNally Road Atlas, United documentary evidence may be made made available to the public by the CAB States, Canada, and Mexico. without notice by any party to the or the Department, such as the 1990 (xxii) Survey of Buying Power administrative law judge or, in the event Airline Competition Study. published by Sales Management that an administrative law judge has not (vi) Passenger, mail, express, and Magazine. been assigned to a proceeding or is not freight data submitted to the CAB or the (2) Any fact contained in a document available, to the DOT decisionmaker or Department as part of ER–586 Service belonging to a category enumerated in the Chief Administrative Law Judge, for Segment Data by U.S. carriers, or similar paragraph (g)(1) of this section shall be action. data submitted to the Department by deemed to have been physically (b) An application for a subpoena U.S. air carriers (T–100) or by foreign air incorporated into and made part of the shall be in duplicate except that if it is carriers (T–100F) that is not record in such proceedings. However, made during the course of a hearing, it confidential. such taking of official notice shall be may be made orally on the record with (vii) All tariffs, including the subject to the rights granted to any party the consent of the administrative law electronic versions, and amendments or intervener to the proceeding under judge. thereof, of all air carriers, on file with section 7(d) of the Administrative (c) All such applications, whether the Department. Procedure Act (5 U.S.C. 557(d)). written or oral, shall contain a statement (viii) Service Mail Pay and Subsidy (3) The decisions of the Department or showing of general relevance and for U.S. Certificated Air Carriers and its administrative law judges may reasonable scope of the evidence sought, published by the CAB and any officially notice any appropriate matter and shall be accompanied by two copies supplemental data and subsequent without regard to whether or not such of a draft of the subpoena sought that,

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If the deposition is not signed by excessive expense to a party and will (e) Where it appears during the course the witness, the designated officer shall not result in an undue burden to other of a proceeding that the testimony of a state on the record this fact and the parties or in undue delay. reason therefor. The original deposition witness or documentary evidence is (b) Any party desiring to take the relevant to the issues in a proceeding, and exhibits shall be forwarded to deposition of a witness shall make Department of Transportation Dockets the administrative law judge, Chief application therefor in duplicate to the Administrative Law Judge or DOT and shall be filed in the proceedings. administrative law judge or, in the event (f) Depositions may also be taken and decisionmaker may issue on his or her that an administrative law judge has not submitted on written interrogatories in own initiative a subpoena requiring been assigned to a proceeding or is not substantially the same manner as such witness to attend and testify or available, to the DOT decisionmaker or depositions taken by oral examination. requiring the production of such Chief Administrative Law Judge, setting Ordinarily such procedure will be documentary evidence. forth the reasons why such deposition authorized only if necessary to achieve (f) Subpoenas issued under this should be taken, the name and the purposes of an oral deposition and section shall be served upon the person residence of the witness, the time and to serve the balance of convenience of to whom directed in accordance with place proposed for the taking of the the parties. The interrogatories shall be § 302.7(b). Any person upon whom a deposition, and a general description of filed in quadruplicate with two copies subpoena is served may within seven (7) the matters concerning which the of the application and a copy of each days after service or at any time prior to witness will be asked to testify. If good shall be served on each party. Within the return date thereof, whichever is cause be shown, the administrative law seven (7) days after service any party earlier, file a motion to quash or modify judge, the DOT decisionmaker, or the may file with the person to whom the subpoena with the administrative Chief Administrative Law Judge, as the application was made two copies of his law judge or, in the event an case may be, may, in his or her or her objections, if any, to such administrative law judge has not been discretion, issue an order authorizing interrogatories and may file such cross- assigned to a proceeding or is not such deposition and specifying the interrogatories as he or she desires to available, to the DOT decisionmaker or witness whose deposition is to be taken, submit. Cross-interrogatories shall be the Chief Administrative Law Judge for the general scope of the testimony to be filed in quadruplicate, and a copy action. If the person to whom the taken, the time when, the place where, thereof together with a copy of any motion to modify or quash the subpoena the designated officer (authorized to objections to interrogatories, shall be has been addressed or directed, has not take oaths) before whom the witness is served on each party, who shall have acted upon such a motion by the return to testify, and the number of copies of five (5) days thereafter to file and serve date, such date shall be stayed pending the deposition to be supplied. Such his or her objections, if any, to such his or her final action thereon. The DOT order shall be served upon all parties by cross-interrogatories. Objections to decisionmaker may at any time review, the person proposing to take the interrogatories or cross-interrogatories, upon his or her own initiative, the deposition a reasonable period in shall be served on the DOT ruling of an administrative law judge or advance of the time fixed for taking decisionmaker or the administrative law the Chief Administrative Law Judge testimony. judge considering the application. denying a motion to quash a subpoena. (c) Witnesses whose testimony is Objections to interrogatories shall be In such cases, the DOT decisionmaker taken by deposition shall be sworn or made before the order for taking the may order that the return date of a shall affirm before any questions are put deposition issues and if not so made subpoena be stayed pending action to them. Each question shall be recorded shall be deemed waived. When a thereon. and the answers shall be taken down in deposition is taken upon written (g) The provisions of this section are the words of the witness. interrogatories, and cross- not applicable to the attendance of DOT (d) Objections to questions or interrogatories, no party shall be present employees or the production of evidence shall be in short form, stating or represented, and no person other documentary evidence in the custody the grounds of objection relied upon, than the witness, a reporter, and the thereof at a hearing. The attendance of but no transcript filed by the designated designated officer shall be present at the DOT employees and the production of officer shall include argument or debate. examination of the witness, which fact documentary evidence in their custody Objections to questions or evidence shall be certified by the designated are governed by 49 CFR Parts 9 and 7, shall be noted by the designated officer officer, who shall ask the interrogatories respectively. upon the deposition, but he or she shall and cross-interrogatories to the witness

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The provisions of paragraph (e) of this or reduced rate provisions of section section shall be applicable to 41511 of the Statute shall be entitled to (c) If the administrative law judge has depositions taken in accordance with any fees or mileage; And provided determined that ordinary transcript is this paragraph. further, That such fees and mileage shall adequate, or, upon reconsideration, has (g) All depositions shall conform to not be applicable for witnesses adhered to such determination, then any the specifications of § 302.3 except that summoned to testify in Alaska, and that, party may request the reporting firm to the filing of three copies thereof shall be in Alaska, where permitted by section provide daily transcript. In that case, sufficient. Any fees of a witness, the 41511 of the Statute, the witness may, pursuant to its contract with the reporter, or the officer designated to take at his or her option, accept a pass for Department, the reporting firm will be the deposition shall be paid by the travel by air. Such witnesses shall be obligated to furnish to the Department person at whose instance the deposition furnished appropriate forms and daily transcript upon the agreement by is taken. instructions for the submission of the requesting party to pay to the (h) The fact that a deposition is taken claims for attendance fees, subsistence, reporting firm an amount equal to the and filed in a proceeding as provided in and mileage from the Government difference between the contract prices this section does not constitute a before the close of the proceedings that for ordinary transcript and daily determination that it is admissible in they are required to attend. Only transcript, provided that the requesting evidence or that it may be used in the persons summoned by subpoena shall party makes such agreement with the proceeding. Only such part or the whole be entitled to claim attendance fees, reporting firm at least twenty-four (24) of a deposition as is received in subsistence, or mileage from the hours in advance of the date for which evidence shall constitute a part of the Government. such transcript is requested. record in such proceeding upon which (2) Witnesses who are salaried a decision may be based. employees of the United States and who (d) Any party may obtain from the are summoned to testify on matters Office of the Assistant Secretary for § 302.27 Rights of witnesses; attendance relating to their public employment, Administration, the name and address fees and mileage. irrespective of at whose instance they of the private reporting company with (a) Any person appearing as a witness are summoned, shall be paid in which the Department currently has a in any proceeding governed by this part, accordance with applicable Government contract for transcripts and copies, as whether in response to a subpoena or by regulations. well as the contract prices then in effect request or permission of the for such services. Department, may be accompanied, § 302.28 Transcripts of hearings. represented, and advised by counsel (a) Hearings shall be recorded and (e) Copies of transcripts ordered by and may be examined by that counsel transcribed under supervision of the parties other than the Department shall after other questioning. administrative law judge, by a reporting be prepared for delivery to the (b) Any person who submits data or firm under contract with the requesting person at the reporting firm’s evidence in a proceeding governed by Department. Copies of the transcript place of business, within the stated time this part, whether in response to a that may, at the discretion of the for the type of transcript ordered. The subpoena or by request or permission of administrative law judge, be furnished requesting party and the reporting firm the Department, may retain, or, on by use of electronic media in addition may agree upon some other form or payment of lawfully prescribed costs, to the official copy, shall be supplied to means of delivery (mail, messenger, procure, a copy of any document so the parties to the proceeding by said electronic media, etc.) and the reporting submitted or a copy of any transcript reporting firm, at the contract price for firm may charge for such special made of such testimony. copies. service, provided that such charge shall (c) No person whose attendance at a (b) The administrative law judge shall not exceed the reasonable cost of such hearing or whose deposition is to be determine whether ‘‘ordinary service. taken shall be obliged to respond to a transcript’’ or ‘‘daily transcript’’ (as (f) Changes in the official transcript subpoena unless upon a service of the those terms are defined in the contract) may be made only when they involve subpoena he or she is tendered will be necessary and required for the errors affecting substance. A motion to attendance fees and mileage by the party proper conduct of the proceeding and correct a transcript shall be filed with at whose instance he or she is called in the Department will pay the reporting Department of Transportation Dockets, accordance with the requirements of firm the cost of reporting its proceedings within ten (10) days after receipt of the paragraphs (c)(1) and (2) of this section; at the contract price for such type of completed transcript by the Department. Provided, That a witness summoned at transcript. If the administrative law the instance of the Department or one of judge has determined that ordinary If no objections to the motion are filed its employees, or a salaried employee of transcript is adequate, and has notified within ten (10) days thereafter, the the United States summoned to testify the parties of such determination (in the transcript may, upon the approval of the as to matters related to his or her public notice of hearings, or otherwise), then administrative law judge, be changed to employment, need not be tendered such any party may request reconsideration reflect such corrections. If objections are fees or mileage at that time. of such determination and that daily received, the motion and objections (1) Witnesses who are not salaried transcript be required. In determining shall be submitted to the official employees of the United States, or such what is necessary and required for the reporter by the administrative law judge employees summoned to testify on proper conduct of the proceeding, the together with a request for a comparison matters not related to their public administrative law judge shall consider, of the transcript with the reporter’s employment, shall be paid the same per among other things: record of the hearing. After receipt of diem, subsistence, and mileage fees paid (1) The nature of the proceeding itself; the report of the official reporter an to witnesses for like service in the (2) The DOT decisionmaker’s needs as order shall be entered by the courts of the United States that are in well as the reasonable needs of the administrative law judge settling the effect at the time of travel; Provided, parties; record and ruling on the motion.

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§ 302.29 Argument before the judge’s decision on the merits of the pursuant to this section is not a matter administrative law judge. proceeding and on all ancillary of right but is at the sole discretion of (a) The administrative law judge shall procedural issues remaining for the DOT decisionmaker. Any party may give the parties to the proceeding disposition at the close of the hearing. file and serve a petition for adequate opportunity during the course (b) Certification to the DOT discretionary review by the DOT of the hearing for the presentation of decisionmaker for decision. At any time decisionmaker of an initial decision or arguments in support of or in opposition prior to the close of the hearing, the recommended decision within twenty- to motions, and objections and DOT decisionmaker may direct the one (21) days after service thereof, exceptions to rulings of the administrative law judge to certify any unless the DOT decisionmaker sets a administrative law judge. question or the entire record in the different period for filing. (b) When, in the opinion of the proceeding to the DOT decisionmaker (2) Petitions for discretionary review administrative law judge, the volume of for decision. In cases where the record shall be filed only upon one or more of the evidence or the importance or is thus certified, the administrative law the following grounds: complexity of the issues involved judge shall not render a decision but (i) A finding of a material fact is warrants, he or she may, either on his shall make a recommendation to the erroneous; or her own motion or at the request of DOT decisionmaker as required by (ii) A necessary legal conclusion is a party, permit the presentation of oral section 8(a) of the Administrative without governing precedent or is a argument, and may impose such time Procedure Act (5 U.S.C. 558(a)) unless departure from or contrary to law, the limits on the argument as he or she may advised by the DOT decisionmaker that Department’s rules, or precedent; determine appropriate. Such argument he or she intends to issue a tentative (iii) A substantial and important shall be transcribed and bound with the decision. question of law, policy or discretion is transcript of testimony and will be (c) Every initial or recommended involved; or available to the Department decision issued shall state the names of (iv) A prejudicial procedural error has decisionmaker for consideration in the persons who are to be served with occurred. deciding the case. copies of it, the time within which (3) Each issue shall be separately exceptions to, or petitions for review of, numbered and plainly and concisely § 302.30 Briefs to the administrative law such decision may be filed, and the time stated. Petitioners shall not restate the judge. within which briefs in support of the same point in repetitive discussions of Within such limited time after the exceptions may be filed. In addition, an issue. Each issue shall be supported close of the reception of evidence fixed every such decision shall recite that it by detailed citations of the record when by the administrative law judge, any is made under delegated authority, and objections are based on the record, and party may, upon request and under such contain notice of the provisions of by statutes, regulations or principal conditions as the administrative law paragraph (d) of this section. In the authorities relied upon. Any matters of judge may prescribe, file for his or her event the administrative law judge fact or law not argued before the consideration briefs which may include certifies the record to the DOT administrative law judge, but that the proposed findings of fact and decisionmaker without an initial or petitioner proposes to argue on brief to conclusions of law that shall contain recommended decision, he or she shall the DOT decisionmaker, shall be stated. exact references to the record and notify the parties of the time within (4) Petitions for discretionary review authorities relied upon. which to file with the DOT shall be self-contained and shall not decisionmaker briefs which may incorporate by reference any part of § 302.31 Initial and recommended another document. Except by decisions; certification of the record. include proposed findings of fact and conclusions of law. permission of the DOT decisionmaker, (a) Action by administrative law judge (d) Unless a petition for discretionary petitions shall not exceed twenty (20) after hearing. Except where the DOT review is filed pursuant to § 302.32, pages including appendices and other decisionmaker directs otherwise, after exceptions are filed pursuant to papers physically attached to the the taking of evidence and the receipt of § 302.217, or the DOT decisionmaker petition. briefs which may include proposed issues an order to review upon his or (5) Requests for oral argument on findings of fact and conclusions of law, her own initiative, the initial decision petitions for discretionary review will if any, the administrative law judge shall become effective as the final order not be entertained by the DOT shall take the following action: of the Department thirty (30) days after decisionmaker. (1) Initial decision. If the proceeding service thereof; in the case of a (b) Answers. Within fifteen (15) days does not involve foreign air recommended decision, that decision after service of a petition for transportation, the administrative law shall be transmitted to the President of discretionary review, any party may file judge shall render an ‘‘initial decision.’’ the United States under 49 U.S.C. and serve an answer of not more than Such decision shall encompass the 41307. If a petition for discretionary fifteen (15) pages in support of or in administrative law judge’s decision on review or exceptions are timely filed or opposition to the petition. If any party the merits of the proceeding and on all action to review is taken by the DOT desires to answer more than one ancillary procedural issues remaining decisionmaker upon his or her own petition for discretionary review in the for disposition at the close of the initiative, the effectiveness of the initial same proceeding, he or she shall do so hearing. decision or the transmission of the in a single document of not more than (2) Recommended decision. In cases recommended decision is stayed until twenty (20) pages. where the action of the Department (c) Orders declining review. The DOT the further order of the DOT involves foreign air transportation and decisionmaker’s order declining to decisionmaker. is subject to review by the President of exercise the discretionary right of the United States pursuant to section § 302.32 Petitions for discretionary review review will specify the date upon which 41307 of the Statute, the administrative of initial or recommended decisions; review the administrative law judge’s decision law judge shall render a ‘‘recommended proceedings. shall become effective as the final decision.’’ Such decision shall (a) Petitions for discretionary review. decision of the Department. A petition encompass the administrative law (1) Review by the DOT decisionmaker for reconsideration of a Department

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Within ten (10) any issue designated for review and any and reply briefs will not unduly delay days after service of any tentative issue not so designated are so the proceeding and will assist in its decision of the DOT decisionmaker, any inseparably interrelated that the former proper disposition, the DOT party to a proceeding may file cannot be reviewed independently or exceptions to such decision with the decisionmaker may direct that the that the latter cannot be made effective DOT decisionmaker. parties file briefs at different times before the final decision of the (b) Form and contents of exceptions. rather than at the same time. Department in the review proceeding. Each exception shall be separately (b) Effect of failure to restate (d) Review proceedings. (1) The DOT numbered and shall be stated as a objections in briefs. In determining the decisionmaker may take review of an separate point, and appellants shall not merits of an appeal, the DOT initial or recommended decision upon restate the same point in several decisionmaker will not consider the petition or on his or her own initiative exceptions. Each exception shall state, exceptions or the petition for or both. The DOT decisionmaker will sufficiently identify, and be limited to, discretionary review but will consider issue a final order upon such review an ultimate conclusion in the decision only the brief. Each objection contained without further proceedings on any or to which exception is taken (such as, in the exceptions or each issue specified all the issues where he or she finds that selection of one carrier rather than in the DOT decisionmaker’s order matters raised do not warrant further another to serve any point or points; exercising discretionary review must be proceedings. (2) Where the DOT decisionmaker points included in or excluded from a restated and supported by a statement desires further proceedings, he or she new route; imposition or failure to and adequate discussion of all matters will issue an order for review that will: impose a given restriction; relied upon, in a brief filed pursuant to (i) Specify the issues to which review determination of a rate at a given and in compliance with the will be limited. Only those issues amount rather than another). No specific requirements of this section. specified in the order shall be argued on exception shall be taken with respect to (c) Formal specifications of briefs. (1) brief to the DOT decisionmaker, underlying findings or statements, but Contents. Each brief shall discuss every pursuant to § 302.35, and considered by exceptions to an ultimate conclusion point of law, fact, or precedent that the the DOT decisionmaker; shall be deemed to include exceptions party submitting it is entitled to raise (ii) Specify the portions of the to all underlying findings and and that it wishes the DOT administrative law judge’s decision, if statements pertaining thereto; Provided, decisionmaker to consider. Each brief any, that are to be stayed as well as the however, That exceptions shall specify shall include a summary of the effective date of the remaining portions any matters of law, fact, or policy that argument not to exceed five (5) pages. thereof; and were not argued before the Support and justification for every point (iii) Designate the parties to the administrative law judge but will be set raised shall include itemized references review proceeding. forth for the first time on brief to the to the pages of the transcript of hearing, DOT decisionmaker. § 302.33 Tentative decision of the DOT exhibit or other matter of record, and (c) Effect of failure to file timely and citations of the statutes, regulations, or decisionmaker. adequate exceptions. No objection may (a) Except as provided in paragraph principal authorities relied upon. If a be made on brief or at a later time to an brief or any point discussed in the brief (b) of this section, whenever the ultimate conclusion that is not expressly administrative law judge certifies the is not in substantial conformity with the made the subject of an exception in requirement for such support and record in a proceeding directly to the compliance with the provisions of this DOT decisionmaker without issuing an justification, no motion to strike or section; Provided, however, That any dismiss such document shall be made initial or recommended decision in the party may file a brief in support of the matter, the DOT decisionmaker shall, but the DOT decisionmaker may decision and in opposition to the disregard the points involved. Copies of after consideration of any briefs exceptions filed by any other party. submitted by the parties, prepare a briefs may be furnished by use of tentative decision and serve it upon the § 302.35 Briefs to the DOT decisionmaker. electronic media in a format acceptable parties. Every tentative decision of the (a) Time for filing. Within such period to the Department and the parties. DOT decisionmaker shall state the after the date of service of any tentative (2) Incorporation by reference. Briefs names of the persons who are to receive decision by the DOT decisionmaker as to the DOT decisionmaker shall be copies of it, the time within which may be fixed therein, any party may file completely self-contained and shall not exceptions to such decision and briefs, a brief addressed to the DOT incorporate by reference any portion of if any, in support of or in opposition to decisionmaker in support of his or her any other brief or pleading; Provided, the exceptions may be filed, and the exceptions to such decision or in however, That instead of submitting a date when such decision will become opposition to the exceptions filed by brief to the DOT decisionmaker a party final in the absence of exceptions any other party. Briefs to the DOT may adopt by reference specifically thereto. If no exceptions are filed to the decisionmaker on initial or identified pages or the whole of his or tentative decision of the DOT recommended decisions of her prior brief to the administrative law decisionmaker within the period fixed, administrative law judges shall be filed judge if the latter complies with all it shall become final at the expiration of only in those cases where the DOT requirements of this section. In such such period unless the DOT decisionmaker grants discretionary cases, the party shall file with decisionmaker orders otherwise. review and orders further proceedings, Department of Transportation Dockets a (b) The DOT decisionmaker may, in pursuant to § 302.32(d)(2), and only letter exercising this privilege and serve his or her discretion, omit a tentative upon those issues specified in the order. all parties in the same manner as a brief decision in proceedings under subpart Such briefs shall be filed within thirty to the DOT decisionmaker.

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(3) Length. Except by permission or Subpart BÐRules Applicable to U.S. Office responsible for processing the direction of the DOT decisionmaker, Air Carrier Certificate and Foreign Air application for any FAA authority briefs shall not exceed fifty (50) pages Carrier Permit Licensing Proceedings needed to conduct the proposed including pages contained in any operations. appendix, table, chart, or other § 302.201 Applicability. (3) After an order under § 302.210 has document physically attached to the (a) This subpart sets forth the specific been issued, parties need only serve brief, but excluding maps and the rules applicable to proceedings on: documents on those persons listed in summary of the argument. In this case (1) U.S. air carrier certificates of the service list accompanying the order. ‘‘map’’ means only those pictorial public convenience and necessity and (4) In the case of an application representations of routes, flight paths, U.S. all-cargo air service certificates sought to be consolidated, the applicant under Chapter 411 of the Statute, mileage, and similar ancillary data that shall serve the notice required in including renewals, amendments, are superimposed on geographic paragraph (a)(1) of this section on all modifications, suspensions and persons served by the original applicant. drawings and contain only such text as transfers of such certificates. (b) Persons to be served— is needed to explain the pictorial (2) Foreign air carrier permits under (1) U.S. air carriers. (i) In certificate representation. Chapter 413 of the Statute, including proceedings, except for those § 302.36 Oral argument before the DOT renewals, amendments, modifications, proceedings that involve charter-only decisionmaker. suspensions, and transfers of such authority under section 41102(a)(3) of permits. the Statute: (a) If any party desires to argue a case (b) Except as modified by this subpart, (A) Applicants for certificates to orally before the DOT decisionmaker, he the provisions of subpart A of this part engage in interstate air transportation or she shall request leave to make such apply. and other persons who file a pleading in argument in his or her exceptions or the docket shall serve: brief. Such request shall be filed no later § 302.202 Contents of applications. (1) The airport authority of each than the date when briefs before the (a) Certificate applications filed under airport that the applicant initially DOT decisionmaker are due in the this subpart shall contain the proposes to serve, and proceeding. The DOT decisionmaker information required by part 201 of this (2) Any other person who has filed a will rule on such request, and, if oral chapter and, where applicable, part 204 pleading in the docket. argument is to be allowed, all parties to of this chapter, and foreign air carrier (B) Applicants for certificates to the proceeding will be advised of the permit applications shall contain the engage in foreign air transportation and date and hour set for such argument and information required by part 211 of this other persons who file a pleading in the the amount of time allowed to each chapter, along with any other docket shall serve: party. Requests for oral argument on information that the applicant desires (1) All U.S. air carriers (including petitions for discretionary review will the Department to notice officially. commuter air carriers) that publish (b) Applications shall include a notice not be entertained. schedules in the Official Airline Guide on the cover page stating that any or in the Air Cargo Guide for the (b) Pamphlets, charts, and other person may support or oppose the country-pair market(s) specified in the written data may be offered to the DOT application by filing an answer and application, decisionmaker at oral argument only in serving a copy of the answer on all (2) The airport authority of each U.S. accordance with the following rules: All persons served with the application. airport that the applicant initially such material shall be limited to facts in The notice shall also state the due date proposes to serve, and the record of the case being argued and for answers. Amendments to (3) Any other person who has filed a shall be served on all parties to the applications will be considered new pleading in the docket. proceeding with four (4) copies applications for the purpose of (ii) In certificate proceedings transmitted to Department of calculating the time limitations of this involving charter-only authority under Transportation Dockets at least five (5) subsection. 41102(a)(3) of the Statute, applicants calendar days in advance of the (c) Applications shall include a list of and other persons who file a pleading in argument. the names and addresses of all persons the docket shall serve any other person who have been served in accordance who has filed a pleading in the docket. § 302.37 Waiver of procedural steps after with § 302.203. (2) Foreign air carriers. (i) In permit hearing. (d) Where required, each application proceedings, except for those The parties to any proceeding may shall be accompanied by an Energy proceedings involving charter-only agree to waive any one or more of the Statement in conformity with part 313 authority, applicants and other persons procedural steps provided in § 302.29 of this chapter. who have filed a pleading in the docket shall serve: through § 302.36. § 302.203 Service of documents. (A) All U.S. air carriers (including § 302.38 Final decision of the DOT (a) General requirements. (1) commuter air carriers) that publish Decisionmaker. Applicants shall serve on the persons schedules in the Official Airline Guide listed in paragraph (b) of this section a or the Air Cargo Guide for the country- When a case stands submitted to the notice that an application has been pair market(s) specified in the DOT decisionmaker for final decision filed, and upon request shall promptly application, on the merits, he or she will dispose of provide those persons with copies of the (B) The U.S. Department of State, the issues presented by entering an application and supporting documents. (C) The airport authority of each U.S. appropriate order that will include a The notice must clearly state the airport that the applicant initially statement of the reasons for his or her authority sought and the due date for proposes to serve, and findings and conclusions. Such orders other pleadings. (D) Any other person who has filed a shall be deemed ‘‘final orders’’ within (2) Applicants shall serve a complete pleading in the docket. the purview of § 302.14(a), in the copy of the application on the Manager (ii) In foreign air carrier permit manner provided by § 302.18. of the FAA Flight Standards District proceedings for charter-only authority,

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The an initial or recommended decision by Within twenty-eight (28) days after Department may, at its discretion, order an administrative law judge is otherwise the filing of an application under this additional service upon such persons as required by the public interest. subpart, the DOT decisionmaker may defer further processing of the the facts of the situation warrant. Where (b) The standards employed in application until all of the information only notices are required, parties are deciding cases under § 302.210(a)(1) or necessary to process that application is encouraged to serve copies of their (5) shall be the same as the standards submitted. The time periods contained actual pleadings where feasible. In any applied in cases decided under in this subpart with respect to the proceeding directly involving air § 302.210(a)(4). These are the standards disposition of the application shall not transportation to the Federated States of set forth in the Statute as interpreted begin to run until the application is Micronesia, the Marshall Islands or and expanded upon under that Statute. Palau, the Department and any party or complete. In addition, the DOT participant in the proceeding shall serve § 302.208 Petitions for oral presentation or decisionmaker may defer action on a all documents on the President and the judge's decision. foreign air carrier permit application for designated authorities of the (a) Any person may file a petition for foreign policy reasons. government(s) involved. oral evidentiary hearing, oral argument, § 302.210 Disposition of applications; an initial or recommended decision, or orders establishing further procedures. § 302.204 Responsive documents. any combination of these. Petitions shall (a) General requirements. The DOT (a) Any person may file an answer in demonstrate that one or more of the decisionmaker will take one of the support of or in opposition to any criteria set forth in § 302.207 are following actions with respect to all or application. Answers shall set forth the applicable to the issues for which an any portion of each application: basis for the position taken, including oral presentation or judge’s decision is any economic data or other facts relied (1) Issue an Order to Show Cause why requested. Such petitions shall be the application should not be granted, on. Except as otherwise provided in supported by a detailed explanation of § 302.212(d), answers shall be filed denied or dismissed, in whole or in the following: part. within twenty one (21) days of the (1) Why the evidence or argument to original or amended application and (2) Issue a Final Order granting the be presented cannot be submitted in the application if the DOT decisionmaker shall be served in accordance with form of written evidence or briefs; § 302.203. determines that there are no material (2) Which issues should be examined issues of fact that warrant further (b) Replies to answers shall be filed by an administrative law judge and why within fourteen (14) days after the filing procedures for their resolution. such issues should not be presented (3) Issue a Final Order dismissing or of the answer. directly to the DOT decisionmaker for (c) Persons having common interests rejecting the application for lack of decision; prosecution or if the application does shall, to the extent practicable, arrange (3) An estimate of the time required for the joint preparation of pleadings. not comply with this subpart or is for the oral presentation and the number otherwise materially deficient. § 302.205 Economic data and other facts. of witnesses whom the petitioner would (4) Issue an order setting the Whenever economic data and other present; and application for oral evidentiary hearing. facts are provided in any pleading, such (4) If cross-examination of any The order will establish the scope of the information shall include enough detail witness is desired, the name of the issues to be considered and the so that final results can be obtained witness, if known, the subject matter of procedures to be employed, and will without further clarification. Sources, the desired cross-examination or the indicate whether one or more attorneys bases, and methodology used in title or number of the exhibit to be from the Office of the Assistant General constructing exhibits, including any cross-examined, what the petitioner Counsel for Aviation Enforcement and estimates or judgments, shall be expects to establish by the cross- Proceedings will participate as a party. provided. examination, and an estimate of the All of the procedures set forth in time needed for it. § 302.214 through § 302.218 will apply § 302.206 Verification. (b) Petitions for an oral hearing, oral unless the DOT decisionmaker decides Any pleading filed under this subpart argument, or an administrative law otherwise. shall include a certification as provided judge’s decision shall be filed no later (5) Begin to make a determination in § 302.4(b). than the due date for answers in with respect to the application under proceedings governed by § 302.211, Disposition of Applications simplified procedures without oral § 302.212 and § 302.213, and be evidentiary hearing. In this event, the § 302.207 Cases to be decided on written accompanied with the information DOT decisionmaker may indicate submissions. specified in paragraphs (a)(1) and (a)(2) which, if any, of the procedural steps set (a) Applications under this subpart of this section. Filing of the information forth in § 302.215 through § 302.219 will will be decided on the basis of written required in paragraphs (a)(3) and (a)(4) be employed. The DOT decisionmaker submissions unless the DOT of this section may be deferred until the may also indicate that other non-oral decisionmaker, on petition as provided DOT decisionmaker has decided to hold evidentiary hearing procedures will be in § 302.208 or on his or her own a formal proceeding. employed. initiative, determines that an oral (c) Where a stipulation of disputed (b) Additional evidence. An order presentation or an administrative law facts would eliminate the need for an establishing further procedures under judge’s decision is required because: oral presentation or an administrative paragraph (a)(1), (4) or (5) of this section (1) Use of written procedures will law judge’s decision, parties shall may provide for the filing of additional prejudice a party; include in their petitions an offer to evidence.

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(c) Petitions for reconsideration. which data have already been submitted (a) Fourteen (14) days after the close Petitions for reconsideration of an order by another person. of the oral evidentiary hearing, unless issued under this section will not be (d) Answers to conforming the administrative law judge determines entertained except to the extent that the applications or motions to modify that, under the circumstances of the order dismissed or rejected all or part of scope. Answers to conforming case, briefs are not necessary or that the an application. If a petition for applications and motions to modify parties will require more time to prepare reconsideration results in the scope filed in accordance with briefs; or reinstatement of all or part of an paragraph (b) of this section shall be (b) Fourteen (14) days after the filing application, the deadline for final filed within fourteen (14) days after the of additional evidence called for in the Department decision established in filing of the conforming application or order establishing further procedures if § 302.220 will be calculated from the motion. Answers may argue that an no oral evidentiary hearing is called for, date of the order reinstating the application should be dismissed. unless the DOT decisionmaker application. Answers may also seek to consolidate determines that some other period an application filed in another docket if should be allowed. § 302.211 Procedures in certificate cases that application conforms to the scope involving initial or continuing fitness. of the proceeding proposed in the § 302.216 Administrative law judge's initial or recommended decision. (a) Applicability. This section applies motion to modify scope and includes (a) In a case that has been set for oral to cases involving certificate authority the information prescribed in § 302.202. evidentiary hearing under under sections 41102 and 41103 of the Answers and applications shall not, § 302.210(a)(4), the administrative law Statute, including applications for new however, propose the consideration of judge shall adopt and serve an initial or authority, renewals, amendments, additional markets. recommended decision within one modifications, suspensions, and (e) Order establishing further hundred thirty-six (136) days after the transfers of such certificates, where the procedures. Within 90 days after a issuance of the order establishing issues involve a determination of the complete application is filed, the DOT further procedures unless: applicant’s fitness to operate. Where decisionmaker will issue an order as provided in § 302.210. (1) The DOT decisionmaker, having such applications propose the operation found extraordinary circumstances, has of scheduled service in limited entry § 302.213 Procedures in foreign air carrier by order delayed the initial or international markets, the provisions of permit cases. recommended decision by a period of § 302.212 also apply. (a) Applicability. This section applies not more than thirty (30) days; or (b) Order establishing further to cases involving foreign air carrier (2) An applicant has failed to meet the procedures. Within 90 days after a permits under section 41302 of the procedural schedule adopted by the complete application is filed, the DOT Statute, including applications for new judge or the DOT decisionmaker. In this decisionmaker will take action as authority, renewals, amendments, case, the administrative law judge may, provided in § 302.210. modifications, suspensions, and by notice, extend the due date for the transfers of such permits. issuance of an initial or recommended § 302.212 Procedures in certificate cases involving international routes. (b) Executive departments. In addition decision for a period not to exceed the to the standards set forth in period of delay caused by the applicant. (a) Applicability. This section applies § 302.207(b), the views of other (b) In a case in which some of the to cases involving certificates under executive agencies, such as the issues have not been set for oral hearing section 41102 of the Statute that involve Department of State, and the Federal under § 302.210(a)(4), the administrative international routes, including Aviation Administration’s evaluation of law judge shall adopt and serve an applications to obtain, renew, amend, the applicant’s operational fitness, may initial or recommended decision within transfer, or remove restrictions in such be sought in determining the the time established by the DOT certificates. appropriate action on applications filed decisionmaker in the order establishing (b) Answers to applications. Answers under this section. further procedures, except that that due shall be filed within twenty one (21) (c) Order establishing further date may be extended in accordance days after the filing of the original procedures. As soon as possible after the with paragraph (a)(2) of this section. application. date that answers are due and all (c) The initial or recommended (c) Conforming applications or information needed to reach a decision decision shall be issued by the motions to modify scope. Any person is filed, the DOT decisionmaker will administrative law judge fourteen (14) may file an application for the same issue an order as provided in § 302.210. days after it is served. Unless exceptions are filed under § 302.217 or the DOT authority as sought in an application to § 302.214 Oral evidentiary hearing. obtain, renew, or amend a certificate decisionmaker issues an order to review If the DOT decisionmaker determines on his or her own initiative, an initial filed under paragraph (a) of this section. under § 302.210(a)(4) that an oral decision shall become effective as the Requests to modify the issues to be evidentiary hearing should be held, the final order of the Department the day it decided and to consolidate applications application or applications will be set is issued. Where exceptions are timely filed in other dockets shall be filed as for oral hearing before an administrative filed or the DOT decisionmaker takes a ‘‘motion to modify scope.’’ Motions law judge. The issues will be those set action to review on his or her own and applications under this section forth in the order establishing further initiative, the effectiveness of the initial shall include economic data, other facts, procedures. The procedures in § 302.17 decision is stayed until further order of and any argument in support of the to § 302.38 governing the conduct of the DOT decisionmaker. person’s position and must be filed oral evidentiary hearings will apply. (d) In all other respects, the within twenty one (21) days after the provisions of § 302.31 shall apply. original application is filed. Later-filed § 302.215 Briefs to the administrative law competing applications shall conform to judge. § 302.217 Exceptions to administrative law the base and forecast years used by the Briefs to the administrative law judge judge's initial or recommended decision. original applicant and need not contain shall be filed within the following (a) Within seven (7) days after service traffic and financial data for markets for periods, as applicable: of any initial or recommended decision

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Department. good cause, an application may be filed (b) If timely and adequate exceptions (c) In the case of a certificate by cablegram, telegram, facsimile, are filed, review of the initial or application that has been processed electronic mail (when available), or recommended decision is automatic. under § 302.210(a)(1) or (5), the telephone; all such telephonic requests (c) In all other respects, the provisions Department will issue its final order must be confirmed by written of § 302.34 shall apply. within one hundred eighty (180) days application within three (3) business after the order establishing further days of the original request. § 302.218 Briefs to the DOT procedures. If an applicant has failed to decisionmaker. (c) Applications for exemption from meet the procedural schedule Chapter 415 of the Statute, from tariffs (a) In a case in which an initial or established by the Department, the DOT recommended decision has been served (except for waivers filed under subpart decisionmaker may, by notice, extend Q of part 221 of this chapter), or from and exceptions have been filed, any the due date for a final decision for a party may file a brief in support of or Department regulations concerning period equal to the period of delay tariffs may be submitted by letter. Three in opposition to any exceptions. Such caused by the applicant. briefs shall be filed within fourteen (14) copies of such applications shall be sent to Department of Transportation days after service of the initial or Subpart CÐRules Applicable to Dockets. Upon a showing of good cause, recommended decision. Exemption and Certain Other (b) In a case in which no exceptions Proceedings the application may also be filed by have been filed, briefs shall not be filed cablegram, telegram, facsimile, unless the DOT decisionmaker has § 302.301 Applicability. electronic mail (when available), or taken review of the initial or (a) This subpart sets forth the specific telephone; all such requests must be recommended decision on his or her rules applicable to proceedings for confirmed by written application within own initiative and has specifically exemptions under sections 40109 and three (3) business days of the original provided for the filing of such briefs. 41714 of the Statute, including the request. (c) In all other respect, the provisions granting of emergency exemptions, as (d) Applications filed under of § 302.35 shall apply. well as applications for frequency paragraph (a) of this section shall be allocations and other limited authority docketed and any additional documents § 302.219 Oral argument before the DOT under international agreements. Except filed shall be identified by the assigned decisionmaker. as modified by this subpart, the docket number. If the order establishing further provisions of subpart A of this part (e) Applications filed under paragraph procedures provides for an oral apply. (b) or (c) of this section will normally argument, or if the DOT decisionmaker (b) Proceedings for the issuance of not be docketed. The Department may otherwise decides to hear oral argument, exemptions by regulation are subject to require such applications to be docketed all parties will be notified of the date the provisions governing rulemaking. if appropriate. The Department will and hour set for that argument and the publish a notice of such applications in § 302.302 Filing of applications. amount of time allowed each party. The its Weekly List of Applications Filed. provisions of § 302.36(b) shall also (a) Except as provided in paragraphs apply. (b) and (c) of this section, applications § 302.303 Contents of applications. for exemption shall conform to the (a) Title. An application filed under § 302.220 Final decision of the requirements of §§ 302.3 and 302.4. Department. § 302.302(a) shall be entitled (b) Applications for exemption from ‘‘Application for . . .’’ (followed by the In addition to the provisions of section 41101 or 41301 of the Statute type of authority request, e.g., § 302.38, the following provisions shall (including those that incorporate an exemption, frequency allocation) and, apply: exemption from section 41504) that (a) In the case of a certificate where applicable, shall state if the involve ten (10) or fewer flights may be application involves renewal and/or application that has been set for oral submitted to the U.S. Air Carrier evidentiary hearing under amendment of existing exemption Licensing Division or the Foreign Air authority. § 302.210(a)(4), the Department will Carrier Licensing Division (as issue its final order within ninety (90) (b) Factual statement. Each appropriate), Office of International application shall state: days after the initial or recommended Aviation, on OST Form 4536. However, decision is issued. If an application has (1) The section(s) of the Statute or the that form may not be used for: rule, regulation, term, condition, or failed to meet the procedural schedule (1) Applications filed under section limitation from which the exemption is established by the Department, the DOT 40109(g) of the Statute; decisionmaker may, by notice, extend (2) Applications by persons who do requested; the date for a final decision for a period not have either: (2) The proposed effective date and equal to the period of delay caused by (i) An effective air carrier certificate or duration of the exemption; the applicant. foreign air carrier permit from the (3) A description of how the applicant (b) If the DOT decisionmaker does not Department, or proposes to exercise the authority (for act in the time period established in (ii) A properly completed application example, applications for exemption paragraph (a) of this section: for such a certificate or permit, and an from section 41101 or 41301 of the (1) in the case of an application for a effective exemption from the Statute should include at least: places to certificate to engage in foreign air Department for operations similar to be served; equipment types, capacity transportation, the recommended those proposed; and source; type and frequency or decision shall be transmitted to the (3) Successive applications for the service; and other operations that the President of the United States under 49 same or similar authority that would proposed service will connect with or U.S.C. 41307; or total more than ten (10) flights; or support); and (2) in the case of an application not (4) Any other application for which (4) Any other facts the applicant relies subject to review by the President of the the Department decides the upon to establish that the proposed

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(ii) Affidavits, or statements under part 377 of this chapter. A copy of every docketed application penalty of 18 U.S.C. 1001, establishing (f) Record of service. An application for exemption shall be posted in any other facts the applicant wants the shall list the parties served as required Department of Transportation Dockets Department to rely upon; and by § 302.304. and listed in the Department’s Weekly (iii) Information showing the § 302.304 Service of documents. List of Applications Filed. A copy of applicant is qualified to perform the (a) General requirements. (1) An every undocketed application shall be proposed services. application for exemption and posted in the Licensing Division’s lobby (2) In addition to the information responsive pleadings shall be served as of the Office of International Aviation. required by paragraph (c)(1) of this provided by § 302.7. section, an application for exemption (2) Applicants shall serve on the § 302.306 Dismissal or rejection of from section 41101 or 41301 of the persons listed in paragraph (b) of this incomplete applications. Statute (except exemptions under section a complete copy of the (a) Dismissal or rejection. The section 40109(g)) shall state whether the application and any supporting Department may dismiss or reject any authority sought is governed by a documents. Responsive pleadings shall application for exemption that does not bilateral agreement or by principles of be served on the same persons as comply with the requirements of this comity and reciprocity. Applications by applications. part. foreign carriers shall state whether the (b) Persons to be served. (1) (b) Additional data. The Department applicant’s homeland government Applicants for scheduled interstate air may require the filing of additional data grants U.S. carriers authority similar to transportation authority shall serve: with respect to any application for that requested. If so, the application (i) All U.S. air carriers (including exemption, answer, or reply. shall state whether the fact of commuter air carriers) that publish § 302.307 Answers to applications. reciprocity has been established by the schedules in the Official Airline Guide Department and cite the pertinent or the Air Cargo Guide for the city-pair Within fifteen (15) days after the filing finding. If the fact of reciprocity has not market(s) specified in the application, of an application for exemption, any been established by the Department, the (ii) The airport authority of each U.S. person may file an answer in support of application shall include airport that the applicant proposes to or in opposition to the grant of a documentation to establish such serve, and requested exemption. Such answer shall reciprocity. (iii) Any other person who has filed set forth in detail the reasons why the (d) Emergency cabotage. Applications a pleading in a related proceeding under exemption should be granted or denied. under section 40109(g) of the Statute section 41102, 41302, or 40109 of the An answer shall include a statement of shall, in addition to the information Statute. economic data or other matters the required in paragraphs (b) and (c) of this (3) Applicants for charter-only or Department is requested to officially section, contain evidence showing that: nonscheduled-only authority shall serve notice, and shall be accompanied by (1) Because of an emergency created any person who has filed a pleading in affidavits establishing any other facts by unusual circumstances not arising in a related proceeding under section relied upon. the normal course of business, traffic in 41102, 41302, or 40109 of the Statute. However, applicants that file fewer than § 302.308 Replies to answers. the markets requested cannot be Within seven (7) days after the last accommodated by air carriers holding sixteen (16) days prior to the proposed start of service must also serve: day for filing an answer, any interested certificates under section 41102 of the party may file a reply to one or more Statute; (i) Those U.S. carriers (including commuter carriers) that are known to be answers. (2) All possible efforts have been operating in the general market(s) at made to accommodate the traffic by § 302.309 Requests for hearing. issue and using the resources of such air carriers (ii) Those persons who may be The Department will not normally (including, for example, the use of presumed to have an interest in the conduct oral evidentiary hearings foreign aircraft, or sections of foreign subject matter of the application. concerning applications for exemption. aircraft, under lease or charter to such (4) Applicants for slot exemptions However, the Department may, in its air carriers, and the use of such air under section 41714 of the Statute shall discretion, order such a hearing on an carriers’ reservation systems to the serve: application. Any applicant, or any extent practicable); (i) All U.S. air carriers (including person opposing an application, may (3) The authority requested is commuter air carriers) that publish request an oral evidentiary hearing. necessary to avoid unreasonable schedules in the Official Airline Guide Such a request shall set forth in detail hardship for the traffic in the market or the Air Cargo Guide for the airport(s) the reasons why the filing of affidavits that cannot be accommodated by air specified in the application, or other written evidence will not carriers; and (ii) The manager of each of the permit the fair and expeditious (4) In any case where an inability to affected airports, disposition of the application. A request accommodate traffic in a market results (iii) The mayor of the city that each relying on factual assertions shall be from a labor dispute, the grant of the affected airport serves, accompanied by affidavits establishing requested exemption will not result in (iv) The Governor of the State in such facts. If the Department orders an an unreasonable advantage to any party which each affected airport is located, oral evidentiary hearing, the procedures in the dispute. and in subpart A of this part shall apply.

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§ 302.310 Exemptions on the Department's dispatched at the same time, as the § 302.406(a) or the Deputy General initiative. application made to the Department. Counsel does so under § 302.406(c). The Department may grant (b) Amendment. A formal complaint exemptions on its own initiative when Subpart DÐRules Applicable to may be amended at any time before it finds that such exemptions are Enforcement Proceedings service of an answer to the complaint. After service of an answer but before required by the circumstances and § 302.401 Applicability. consistent with the public interest. institution of an enforcement This subpart contains the specific proceeding, the complaint may be § 302.311 Emergency exemptions. rules that apply to Department amended with the permission of the (a) Shortened procedures. When proceedings to enforce the provisions of Assistant General Counsel. After required by the circumstances and Subtitle VII of the Statute, and the rules, institution of an enforcement consistent with the public interest, the regulations, orders and other proceeding, the complaint may be Department may take action, without requirements issued by the Department, amended only on grant of a motion filed notice, on exemption applications prior as well as the filing of informal and under § 302.11. to the expiration of the normal period formal complaints. Except as modified (c) Insufficiency of formal complaint. for filing answers and replies. When by this subpart, the provisions of In any case where the Assistant General required in a particular proceeding, the subpart A of this part apply. Counsel is of the opinion that a complaint does not sufficiently set forth Department may specify a lesser time § 302.402 Definitions. for the filing of answers and replies, and matters required by any applicable rule, Assistant General Counsel, when used notify interested persons of this time regulation or order of the Department, or in this subpart, refers to the Assistant period. is otherwise insufficient, he or she may General Counsel for Aviation advise the complainant of the deficiency (b)(1) Applications. Applications for Enforcement and Proceedings. emergency exemption need not conform and require that any additional Complainant refers to the person to the requirements of this subpart or of information be supplied by amendment. filing a complaint. subpart A of this part (except as (d) Joinder of complaints or Parties, when used in this subpart, provided in this section and in complainants. Two or more grounds of include the Office of the Assistant § 302.303(d) concerning emergency complaints involving substantially the General Counsel, the respondent, the cabotage requests). However, an same purposes, subject or state of facts complainant, and any other person application for emergency exemption may be included in one complaint even permitted to intervene under § 302.20. must normally be in writing and must though they involve more than one Respondent refers to the person state in detail the facts and evidence respondent. Two or more complainants against whom a complaint is filed. that support the application, the may join in one complaint if their respective causes of complaint are grounds for the exemption, and the § 302.403 Informal Complaints. public interest basis for the authority against the same party or parties and Any person may submit in writing to involve substantially the same purposes, sought. In addition, the application the Assistant General Counsel an shall state specific reasons that justify subject or state of facts. The Assistant informal complaint with respect to General Counsel may separate or split departure from the normal exemption anything done or omitted to be done by application procedures. The application complaints if he or she finds that the any person in contravention of any joinder of complaints, complainants, or shall also identify those persons notified provision of the Statute or any as required by paragraph (c) of this respondents will not be conducive to requirement established thereunder. the proper dispatch of the Department’s section. The Department may require Such informal complaints need not additional information from any business or the ends of justice. otherwise comply with the provisions of (e) Service. A formal complaint, and applicant before acting on an this part. Matters so presented may, if any amendments thereto, shall be application. their nature warrants, be handled by served by the person filing such (2) Oral requests. The Department correspondence or conference with the documents upon each party complained will consider oral requests, including appropriate persons. Any matter not of, upon the Deputy General Counsel, telephone requests, for emergency disposed of informally may be made the and upon the Assistant General exemption authority under this section subject of an enforcement proceeding Counsel. in circumstances that do not permit the pursuant to this subpart. The filing of an immediate filing of a written informal complaint shall not bar the § 302.405 Responsive documents. application. All oral requests must, subsequent filing of a formal complaint. (a) Answers. Within fifteen (15) days however, provide the information after the date of service of a formal required in paragraph (b)(1) of this § 302.404 Formal complaints. complaint, each respondent shall file an section, except that actual evidence in (a) Filing. Any person may make a answer in conformance with and subject support of the application need not be formal complaint to the Assistant to the requirements of § 302.408(b). tendered when the request is made. All General Counsel about any violation of Extensions of time for filing an answer oral requests must be confirmed by the economic regulatory provisions of may be granted by the Assistant General written application, together with all the Statute or of the Department’s rules, Counsel for good cause shown. supporting evidence, within three (3) regulations, orders, or other (b) Offers to satisfy. A respondent in business days of the original request. requirements. Every formal complaint a formal complaint may offer to satisfy (c) Notice. Except when the shall conform to the requirements of the complaint through submission of Department decides that no notice need § 302.3 and § 302.4, concerning the form facts, offer of settlement or proposal of be given, applicants for emergency and filing of documents. The filing of a adjustment. Such offer shall be in exemption shall notify, as appropriate, complaint shall result in the institution writing and shall be served, within those persons specified in § 302.304(b) of an enforcement proceeding only if the fifteen (15) days after service of the of this subpart. Such notification shall Assistant General Counsel issues a complaint, upon the same persons and be made in the same manner, contain notice instituting such a proceeding as in the same manner as an answer. The the same information, and be to all or part of the complaint under submittal of an offer to satisfy the

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However, shall be deemed to authorize the DOT instituting an enforcement proceeding nothing in this part shall be construed decisionmaker or administrative law with respect to such complaint or a to limit the authority of the Department judge, as a matter of discretion, to find portion thereof. to institute or conduct any investigation the facts alleged in the complaint or inquiry within its jurisdiction in any incorporated in or accompanying the § 302.406 Procedure for responding to formal complaints. other manner or according to any other notice instituting a formal enforcement procedures that it may deem necessary proceeding to be true and to enter such (a) Within a reasonable time after an or proper. orders as may be appropriate without answer to a formal complaint is filed, (d) Whenever the Assistant General notice or hearing, or, as a matter of the Assistant General Counsel shall Counsel seeks an assessment of civil discretion, to proceed to take proof, either: penalties in an enforcement proceeding, without notice, of the allegations or (1) Issue a notice instituting a formal he or she shall serve on all parties to the charges set forth in the complaint or enforcement proceeding in accordance proceeding a notice of the violations order; Provided, that the DOT with § 302.407 or (2) Issue an order alleged and the amount of penalties for decisionmaker or administrative law dismissing the complaint in whole or in which the respondent may be liable. judge may permit late filing of an part, stating the reasons for such The notice may be included in the answer for good cause shown. dismissal. notice instituting a formal enforcement (b) An order dismissing a complaint § 302.410 Consolidation of proceedings. proceeding or in a separate document. issued pursuant to paragraph (a)(2) of (e) In any proceeding in which civil The DOT decisionmaker or Chief this section shall become effective as a Administrative Law Judge may, upon final order of the Department thirty (30) penalties are sought, any decisions issued by the Department shall state the his or her own initiative, or upon days after service thereof. motion of any party, consolidate for (c) Whenever the Assistant General amount of any civil penalties assessed upon a finding of violation, and the time hearing or for other purposes, or may Counsel has failed to act on a formal contemporaneously consider, two or complaint within a reasonable time after and manner in which payment shall be made to the United States. more enforcement proceedings that an answer is due, the following motions involve substantially the same parties or may be addressed to the Deputy General § 302.408 Answers and replies. issues that are the same or closely Counsel: (a) Within fifteen (15) days after the related, if he or she finds that such (1) By the complainant to institute an date of service of a notice issued consolidation or contemporaneous enforcement proceeding by docketing pursuant to § 302.407, the respondent hearing will be conducive to the the complaint upon a showing that it is shall file an answer to the complaint dispatch of business and to the ends of in the public interest to do so; and attached thereto or incorporated therein justice and will not unduly delay the (2) By the respondent to dismiss the unless an answer has already been filed proceedings. complaint upon a showing that it is in in accordance with § 302.405. Any the public interest to do so. § 302.411 Motions to dismiss and for requests for extension of time for filing (d) The Deputy General Counsel may summary judgment. of an answer to such complaint shall be grant, deny, or defer any of the motions, (a) At any time after an answer has filed in accordance with § 302.11. in whole or in part, and take appropriate been filed, any party may file with the action to carry out his or her decision. (b) All answers shall be served in DOT decisionmaker or the accordance with § 302.7 and shall fully administrative law judge a motion to § 302.407 Commencement of enforcement and completely advise the parties and dismiss or a motion for summary proceeding. the Department as to the nature of the judgment, including supporting (a) Whenever in the opinion of the defense and shall admit or deny affidavits. The procedure on such Assistant General Counsel there are specifically and in detail each allegation motions shall be in accordance with the reasonable grounds to believe that any of the complaint unless the respondent Federal Rules of Civil Procedure (28 economic regulatory provision of the is without knowledge, in which case, U.S.C.), particularly Rules 6(d), 7(b), 12, Statute, or any rule, regulation, order, his or her answer shall so state and the and 56, except that answers and limitation, condition, or other statement shall operate as a denial. supporting papers to a motion to requirement established pursuant Allegations of fact not denied or dismiss or for summary judgment shall thereto, has been or is being violated, controverted shall be deemed admitted. be filed within seven (7) days after that efforts to satisfy a complaint as Matters alleged as affirmative defenses service of the motion. provided by § 302.405 have failed, and shall be separately stated and numbered (b) Parties may petition the DOT that the investigation of any or all of the and shall, in the absence of a reply, be decisionmaker to review any action by alleged violations is in the public deemed to be controverted. Any answer the administrative law judge granting interest, the Assistant General Counsel to a complaint, or response to a notice, summary judgment or dismissing an may issue a notice instituting an proposing the assessment of civil enforcement proceeding under the enforcement proceeding before an penalties shall specifically present any procedure established for review of an administrative law judge. matters that the respondent intends to initial decision in § 302.32. (b) The notice shall incorporate by rely upon in opposition to, or in reference the formal complaint mitigation of, such civil penalties. § 302.412 Admissions as to facts and submitted pursuant to § 302.404 or shall (c) The DOT decisionmaker or the documents. be accompanied by a complaint by an administrative law judge may, in his or (a) At any time after an answer has attorney from the Office of the Assistant her discretion, require or permit the been filed, any party may file with the General Counsel. The notice and filing of a reply in appropriate cases; DOT decisionmaker or administrative accompanying complaint, if any, shall otherwise, no reply may be filed. law judge and serve upon the opposing

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Such persons may, with the issued by a court of competent jurisdiction pursuant to section 46106 of admission is requested shall be deemed consent of the administrative law judge, the Statute, believes that changed admitted unless within a period cross-examine a particular witness or conditions of fact or law or the public designated in the request, not less than suggest to any party or counsel therefor interest require that said order or ten (10) days after service thereof, or questions or interrogations to be asked judicial action be modified or set aside, within such further time as the DOT witnesses called by any party, but may not otherwise examine witnesses and in whole or in part, such party may file decisionmaker or the administrative law with the Department a motion judge may allow upon motion and may not introduce evidence or otherwise participate in the proceeding. requesting that the Department take notice, the party to whom the request is However, such persons may present to such administrative action or join in directed serves upon the requesting both the administrative law judge and applying to the appropriate court for party a sworn statement either denying the DOT decisionmaker an oral or such judicial action, as the case may be. specifically the matters of which an written statement of their position on The motion shall state the changes admission is requested or setting forth the issues involved in the proceeding. desired and the changed circumstances in detail the reasons why he or she warranting such action, and shall cannot truthfully either admit or deny § 302.417 Settlement of proceedings. include the materials and argument in such matters. (a) The Deputy General Counsel and support thereof. The motion shall be (c) Service of such request and the respondent may agree to settle all or served on each party to the proceeding answering statement shall be made as some of the issues in an enforcement in which the enforcement action was provided in § 302.7. Any admission proceeding at any time before a final taken. Within thirty (30) days after the made by a party pursuant to such decision is issued by the DOT service of such motion, any party so request is only for the purposes of the decisionmaker. The Deputy General served may file an answer thereto. The pending proceeding, or any proceeding Counsel shall serve a copy of any Department shall dispose of the motion or action instituted for the enforcement proposed settlement on each party and by such procedure as it deems of any order entered therein, and shall shall submit the proposed settlement to appropriate. the administrative law judge for not constitute an admission by him or § 302.420 Saving Clause. her for any other purpose or be used approval. The submission of a proposed Repeal, revision or amendment of any against him or her in any other settlement shall not automatically delay of the economic regulatory provisions of proceeding or action. the proceeding. (b) Any party to the proceeding may the Statute or of the Department’s rules, § 302.413 Evidence of previous violations. submit written comments supporting or regulations, orders, or other opposing the proposed settlement requirements shall not affect any Evidence of previous violations by pending enforcement proceeding or any any person or of any provision of the within ten (10) days from the date of service. enforcement proceeding initiated Statute or any requirement thereunder thereafter with respect to causes arising (c) The administrative law judge shall found by the Department or a court in or acts committed prior to said repeal, approve the proposed settlement, as any other proceeding or criminal or civil revision or amendment, unless the act of submitted, if it appears to be in the action may, if relevant and material, be repeal, revision or amendment public interest, or otherwise shall admitted in any enforcement proceeding specifically so provides. involving such person. disapprove it. (d) Information relating to settlement Subpart EÐRules Applicable to § 302.414 Prehearing conference. offers and negotiations will be withheld Proceedings With Respect to Rates, A prehearing conference may be held from public disclosure if the Deputy Fares and Charges for Foreign Air in an enforcement proceeding whenever General Counsel determines that Transportation disclosure would interfere with the the administrative law judge believes § 302.501 Applicability. that the fair and expeditious disposition likelihood of settlement of an This subpart sets forth the special of the proceeding requires one. If a enforcement proceeding. rules applicable to proceedings with prehearing conference is held, it shall be § 302.418 Motions for immediate respect to rates, fares and charges in conducted in accordance with § 302.22. suspension of operating authority pendente foreign air transportation under Chapter lite. § 302.415 Hearing. 415 of the Statute. Except as modified All motions for the suspension of the by this subpart, the provisions of After the issues have been formulated, economic operating authority of an air subpart A apply. whether by the pleadings or otherwise, carrier during the pendency of the administrative law judge shall give proceedings to revoke such authority § 302.502 Institution of proceedings. the parties reasonable written notice of shall be filed with, and decided by, the A proceeding to determine the the time and place of the hearings. DOT decisionmaker. Proceedings on the lawfulness of rates, fares, or charges for Except as may be modified by the motion shall be in accordance with the foreign air transportation of persons provisions of this subpart, the § 302.11. In addition, the DOT or property by aircraft, or the lawfulness procedures in § 302.17 to § 302.38 decisionmaker shall afford the parties of any classification, rule, regulation, or governing the conduct of oral an opportunity for oral argument on practice affecting such rates, fares or evidentiary hearings will apply. such motion. charges, may be instituted by the filing

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However, such a complaint financing agreement or covenant fares, or charges, or the classification, must be accompanied by a statement entered into prior to August 23, 1994, or rule, regulation, or practice complained setting forth compelling reasons for not (3) Any other existing fee not in of are unlawful and shall support such having requested suspension within the dispute as of August 23, 1994. reasons with a full factual analysis. (c) Except as modified by this subpart, (b) A petition or complaint shall be time limitations provided in paragraph (b) of this section. the provisions of subpart A of this part served by the petitioner or complainant apply. upon the air carrier against whose tariff (d) In an emergency satisfactorily provision the petition or complaint is shown by the complainant, and within § 302.602 Complaint by a carrier; request filed. the time limits herein provided, a for determination by an airport owner or (c) Answers to complaints, other than complaint may be sent by facsimile, operator. those filed under § 302.506, shall be telegram, or electronic mail (when (a) Any carrier may file a complaint filed within seven (7) working days after available) to the Department and to the with the Secretary for a determination the complaint is filed. carrier against whose tariff provision the as to the reasonableness of any fee complaint is made. Such complaint imposed on the carrier by the owner or § 302.504 Dismissal of petition or shall state the grounds relied upon, and operator of an airport. Any airport complaint. must be confirmed in writing within owner or operator may also request such If the Department is of the opinion three (3) business days and filed and a determination with respect to a fee it that a petition or complaint does not served in accordance with this part. has imposed on one or more carriers. state facts that warrant an investigation (e) Answers to complaints shall be The complaint or request for or action on its part, it may dismiss such filed within six (6) working days after determination shall conform to the petition or complaint without hearing. the complaint is filed. requirements of this subpart and § 302.505 Order of investigation. §§ 302.3 and 302.4 concerning the form § 302.507 Computing time for filing and filing of documents. The Department, on its own initiative, complaints. or if it is of the opinion that the facts (b) If a carrier has previously filed a In computing the time for filing stated in a petition or complaint warrant complaint with respect to the same formal complaints pursuant to it, may issue an order instituting an airport fee or fees, any complaint by § 302.506, with respect to tariffs that do investigation of the lawfulness of any another carrier and any airport request not contain a posting date, the first day present or proposed rates, fares, or for determination shall be filed no later preceding the effective date of the tariff charges for the foreign air transportation than seven (7) calendar days following shall be the first day counted, and the of persons or property by aircraft or the the initial complaint. In addition, all last day so counted shall be the last day lawfulness of any classification, rule, complaints or requests for for filing unless such day is a Saturday, regulation, or practice affecting such determination must be filed on or before Sunday, or legal holiday for the rates, fares, or charges, and may assign the sixtieth (60th) day after the carrier Department, in which event the period the proceeding for hearing before an receives written notice of the imposition for filing shall be extended to the next administrative law judge. If a hearing is of the new fee or the imposition of the successive day that is not a Saturday, held, except as modified by this subpart, increase in the fee. Sunday, or holiday. The computation of the provisions of § 302.17 through (c) To ensure an orderly disposition of the time for filing complaints as to § 302.38 of this part shall apply. the matter, all complaints and any tariffs containing a posting date shall be request for determination filed with § 302.506 Complaints requesting governed by § 302.8. respect to the same airport fee or fees suspension of tariffs; answers to such will be considered in a consolidated complaints. Subpart FÐRules Applicable to proceeding, as provided in § 302.606. (a) Formal complaints seeking Proceedings Concerning Airport Fees suspension of tariffs pursuant to section § 302.603 Contents of complaint or § 302.601 Applicability. request for determination. 41509 of the Statute shall fully identify the tariff and include reference to: (a) This subpart contains the specific (a) The complaint or request for (1) The issued or posting date, rules that apply to a complaint filed by determination shall set forth the entire (2) The effective date, one or more air carriers or foreign air grounds for requesting a determination (3) The name of the publishing carrier carriers (‘‘carriers’’), pursuant to 49 of the reasonableness of the airport fee. or agent, U.S.C. 47129(a), for a determination of The complaint or request shall include (4) The Department number, and the reasonableness of a fee increase or a copy of the airport owner or operator’s (5) Specific items or particular a newly established fee for aeronautical written notice to the carrier of the provisions protested or complained uses that is imposed upon the carrier by imposition of the fee, a statement of against. The complaint should indicate the owner or operator of an airport. This position with a brief, and all supporting in what respect the tariff is considered subpart also applies to requests by the testimony and exhibits on which the to be unlawful, and state what owner or operator of an airport for such filing party intends to rely. In lieu of complainant suggests by way of a determination. An airport owner or submitting duplicative exhibits or substitution. operator is considered to have imposed testimony, the filing party may (b) A complaint requesting a fee on a carrier when it has taken all incorporate by reference testimony and suspension of a tariff ordinarily will not steps necessary under its procedures to exhibits already filed in the same be considered unless made in establish the fee, whether or not the fee proceeding.

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(b) All exhibits and briefs prepared on (2) That the airport owner or operator (2) that any submission on computer electronic spreadsheet or word has previously attempted to resolve the diskette is a true copy of the data file processing programs should be dispute directly with the carriers; and used to prepare the printed versions of accompanied by standard-format (3) That any submission on computer the exhibits or briefs. computer diskettes containing those diskette is a true copy of the data file § 302.605 Replies. submissions. The disk submission must used to prepare the printed versions of be in one of the following formats, in the exhibits or briefs. (a) The carrier submitting a complaint the latest two versions, or in such other may file a reply to any or all of the format as may be specified by notice in § 302.604 Answers to a complaint or answers to the complaint. The airport the Federal Register: Microsoft Word (or request for determination. owner or operator submitting a request RTF), Word Perfect, Ami Pro, Microsoft (a)(1) When a carrier files a complaint for determination may file a reply to any Excel, Lotus 123, Quattro Pro, or ASCII under this subpart, the owner or or all of the answers to the request for tab-delineated files. Parties should operator of the airport and any other determination. submit three copies of each diskette to carrier serving the airport may file an (b) The reply shall be limited to new Department of Transportation Dockets: answer to the complaint as provided in matters raised in the answers. It shall one copy for the docket, one copy for paragraphs (b) and (c) of this section. constitute the replying party’s entire the Office of Hearings, and one copy for (2) When the owner or operator of an response to the answers. It shall be in the Office of Aviation Analysis. Filers airport files a request for determination the form of a reply brief and may should ensure that files on the diskettes of the reasonableness of a fee it has include supporting testimony and are unalterably locked. imposed, any carrier serving the airport exhibits responsive to new matters (c) When a carrier files a complaint, may file an answer to the request. raised in the answers. In lieu of it must also certify: (b) The answer to a complaint or submitting duplicative exhibits or (1) That it has served on the airport request for determination shall set forth testimony, the replying party may owner or operator and all other carriers the answering party’s entire response. incorporate by reference testimony and serving the airport the complaint, brief, When one or more additional exhibits already filed in the same and all supporting testimony and complaints or a request for proceeding. exhibits, and that those parties have determination has been filed pursuant (c) The reply shall be filed no later received or will receive these to § 302.602(b) with respect to the same than two (2) calendar days after answers documents no later than the date the airport’s fee or fees, the answer shall set are filed. complaint is filed. Such service shall be forth the answering party’s entire (d) All exhibits and briefs prepared on by hand, by electronic transmission, or response to all complaints and any such electronic spreadsheet or word by overnight express delivery. (Unless a request for determination. The answer processing programs should be carrier has informed the complaining shall include a statement of position accompanied by standard-format carrier that a different person should be with a brief and any supporting computer diskettes containing those served, service may be made on the testimony and exhibits on which the submissions as provided in § 302.603(b). person responsible for communicating answering party intends to rely. In lieu (e) The carrier or airport owner or with the airport on behalf of the carrier of submitting duplicative exhibits or operator submitting the reply must about airport fees.); testimony, the answering party may certify that it has served the reply and incorporate by reference testimony and (2) That the carrier has previously all supporting testimony and exhibits on exhibits already filed in the same the party or parties submitting the attempted to resolve the dispute directly proceeding. with the airport owner or operator; answer to which the reply is directed, (c) Answers to a complaint shall be and that those parties have received or (3) That when there is information on filed no later than fourteen (14) calendar which the carrier intends to rely that is will receive these documents no later days after the filing date of the first than the date the reply is filed, and that not included with the brief, exhibits, or complaint with respect to the fee or fees testimony, the information has been any submission on computer diskette is in dispute at a particular airport. a true copy of the data file used to omitted because the airport owner or Answers to a request for determination operator has not made that information prepare the printed versions of the shall be filed no later than fourteen (14) exhibits or briefs. available to the carrier. The certification calendar days after the filing date of the shall specify the date and form of the request. § 302.606 Review of complaints or carrier’s request for information from (d) All exhibits and briefs prepared on requests for determination. the airport owner or operator; and electronic spreadsheet or word (a) Within thirty (30) days after a (4) That any submission on computer processing programs should be complaint or request for determination diskette is a true copy of the data file accompanied by standard-format is filed under this subpart, the Secretary used to prepare the printed versions of computer diskettes containing those will determine whether the complaint the exhibits or briefs. submissions as provided in § 302.603(b). or request meets the procedural (d) When an airport owner or operator (e) The answering party must also requirements of this subpart and files a request for determination, it must certify that: whether a significant dispute exists, and also certify: (1) it has served the answer, brief, and take appropriate action pursuant to (1) That it has served on all carriers all supporting testimony and exhibits by paragraph (b), (c), or (d) of this section. serving the airport the request, brief, hand, by electronic transmission, or by When both a complaint and a request and all supporting testimony and overnight express delivery on the carrier for determination have been filed with exhibits, and that those parties have filing the complaint or the airport owner respect to the same airport fee or fees, received or will receive these or operator requesting the the Secretary will issue a determination documents no later than the date the determination, and that those parties as to whether the complaint, the request is filed. Such service shall be in have received or will receive these request, or both meet the procedural the same manner as provided in documents no later than the date the requirements of this subpart and § 302.603(c)(1). answer is filed; and whether a significant dispute exists

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The answer shall be filed within four (4) international mail transported under instituting order will— calendar days after service of the any such contract may consist of letter (1) Establish the scope of the issues to petition for discretionary review. The mail. be considered and the procedures to be answer shall comply with the page employed; limits specified in § 302.32(b). Final Mail Rate Proceedings (2) Indicate the parties to participate § 302.702 Institution of proceedings. in the hearing; § 302.609 Completion of proceedings. (3) Consolidate into a single (a) When a complaint or a request for (a) Proceedings for the determination proceeding all complaints and any determination with respect to an airport of rates of compensation for the request for determination with respect fee or fees has been filed under this transportation of mail may be to the fee or fees in dispute; and subpart and has not been dismissed, the commenced by the filing of a petition by (4) Include any special provisions for Secretary will issue a determination as an air carrier whose rate is to be fixed, exchange or disclosure of information to whether the fee is reasonable within or the U.S. Postal Service, or upon the by the parties. 120 days after the complaint or request issuance of an order by the DOT (c) If the Secretary determines that the is filed. decisionmaker. complaint or request does not meet the (b) When both a complaint and a (b) The petition shall set forth the rate procedural requirements of this subpart, request for determination have been or rates sought to be established, a the complaint or request for filed with respect to the same airport fee statement that they are believed to be determination will be dismissed or fees and have not been dismissed, the fair and reasonable, the reasons without prejudice to filing a new Secretary will issue a determination as supporting the request for a change in complaint. The order of the Secretary to whether the fee is reasonable within rates, and a detailed economic will set forth the terms and conditions 120 days after the complaint is filed. justification sufficient to establish the under which a revised complaint or reasonableness of the rate or rates § 302.610 Final order. request may be filed. proposed. (d) If the Secretary finds that no (a) When a complaint or request for (c) In any case where an air carrier is significant dispute exists— determination stands submitted to the operating under a final mail rate (1) If the proceeding was instituted by Secretary for final decision on the uniformly applicable to an entire rate- a complaint, the Secretary will issue an merits, he or she may dispose of the making unit as established by the DOT order dismissing the complaint, which issues presented by entering an decisionmaker, a petition must clearly will contain a concise explanation of the appropriate order, which will include a and unequivocally challenge the rate for reasons for the determination that the statement of the reasons for his or her such entire rate-making unit and not dispute is not significant. findings and conclusions. Such an order only a part of such unit. shall be deemed a final order of the (2) If the proceeding was instituted by (d) All petitions, amended petitions, a request for determination, the Secretary. (b) The final order of the Secretary and documents relating thereto shall be Secretary will either issue a final order served upon the U.S. Postal Service by as provided in § 302.610 or set forth the shall include, where necessary, directions regarding an appropriate sending a copy to the Assistant General schedule for any additional procedures Counsel, Transportation Division, required to complete the proceeding. refund or credit of the fee increase or newly established fee which is the Washington, DC 20260–1124, by § 302.607 Decision by administrative law subject of the complaint or request for registered or certified mail, postpaid, judge. determination. prior to the filing thereof with the The administrative law judge shall (c) If the Secretary has not issued a Department. Proof of service on the U.S. issue a decision recommending a final order within 120 days after the Postal Service shall consist of a disposition of a complaint or request for filing of a complaint by an air carrier or statement in the document that the determination within sixty (60) days foreign air carrier, the decision of the person filing it has served a copy as after the date of the instituting order, administrative law judge shall be required by this section. unless a shorter period is specified by deemed to be the final order of the (e) Answers to petitions shall be filed the Secretary. Secretary. within twenty (20) days after service of the petition. § 302.608 Petitions for discretionary Subpart GÐRules Applicable to Mail review. Rate Proceedings and Mail Contracts § 302.703 Order to show cause or (a) Within five (5) calendar days after instituting a hearing. service of a decision by an § 302.701 Applicability. Whether the proceeding is administrative law judge, any party may (a) This subpart sets forth the special commenced by the filing of a petition or file with the Secretary a petition for rules applicable to proceedings for the upon the Department’s own initiative, discretionary review of the establishment of mail rates by the the DOT decisionmaker may issue an administrative law judge’s decision. Department for foreign air order directing the respondent to show (b) Petitions for discretionary review transportation and air transportation cause why it should not adopt such shall comply with § 302.32(a). The between points in Alaska, and certain findings and conclusions and such final petitioner must also certify that it has contractual arrangements between the rates as may be specified in the order to served the petition by hand, by U.S. Postal Service and certificated air show cause, or may issue an order electronic transmission, or by overnight carriers for the carriage of mail in setting the matter for hearing before an express delivery on all parties to the foreign air transportation entered into administrative law judge.

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§ 302.704 Objections and answers to order the time fixed for filing an answer to an they have in the processing of rate cases to show cause. order to show cause as provided in not involving a rate conference. The (a) Where an order to show cause is § 302.704, submit a memorandum of employees’ function in both instances is issued, any person having objections to opposition to, or in support of, the to present clearly to the DOT the rates specified in such order shall position taken in the petition or order. decisionmaker the issues and the related file with the DOT decisionmaker an Such memorandum shall not be material facts, together with answer within forty-five (45) days after received as evidence in the proceeding. recommendations. The DOT the date of service of such order or (c) All direct evidence shall be in decisionmaker will make an within such other period as the order writing and shall be filed in exhibit independent determination of the may specify. form within the times specified by the soundness of the employees’s analyses (b) An answer to an order to show DOT decisionmaker or by the and recommendations. cause shall contain specific objections, administrative law judge. and shall set forth the findings and (d) Except as modified by this § 302.710 Participants in conferences. conclusions, the rates, and the subpart, the provisions of § 302.17 The persons entitled to be present in supporting exhibits that would be through § 302.38 of this part shall apply. mail rate conferences will be the substituted for the corresponding items representatives of the carrier whose in the findings and conclusions of the Provision for Temporary Rate rates are in issue, the staff of the U.S. show cause order, if such objections § 302.707 Procedure for fixing temporary Postal Service, and the authorized DOT were found valid. mail rates. employees. No other person will attend (c) An answer filed by a person who At any time during the pendency of unless the DOT employees deem his or is neither a party nor a person a proceeding for the determination of her presence necessary in the interest of ultimately permitted to intervene in an final mail rates, the DOT decisionmaker, one or more purposes to be oral evidentiary hearing if such upon his or her own initiative, or on accomplished, and in such case his or proceeding is established shall be petition by the air carrier whose rates her participation will be limited to such treated as a memorandum filed under are in issue or by the U.S. Postal specific purposes. No person, however, § 302.706. Service, may fix temporary rates of shall have the duty to attend merely by reason of invitation by the authorized § 302.705 Further procedures. compensation for the transportation of mail subject to downward or upward DOT employees. (a) If no answer is filed within the adjustment upon the determination of designated time, or if a timely filed § 302.711 Conditions upon participation. final mail rates. answer raises no material issue of fact, (a) Nondisclosure of information. As a the DOT decisionmaker may, upon the Informal Mail Rate Conference condition to participation, every basis of the record in the proceeding, Procedure participant, during the period of the enter a final order fixing the rate or conference and for ninety (90) days after rates. § 302.708 Invocation of procedure. its termination, or until the Department (b) If an answer raising a material (a) Conferences between DOT takes public action with respect to the issue of fact is filed within the time employees, representatives of air facts and issues covered in the designated in the Department’s order, carriers, the U.S. Postal Service and conference, whichever is earlier: the DOT decisionmaker may then issue other interested persons may be called (1) Shall, except for necessary an order authorizing additional by DOT employees for the purpose of disclosures in the course of employment pleadings and/or establishing further considering and clarifying issues and in connection with conference business, procedural steps, including setting the factual material in pending proceedings hold the information obtained in matter for oral evidentiary hearing for the establishment of rates for the conference in absolute confidence and before an administrative law judge. transportation of mail. trust; (b) At the commencement of an (2) Shall not deal, directly or § 302.706 Hearing. informal mail rate conference pursuant indirectly, for the account of himself or (a) If a hearing is ordered under to this section, the authorized DOT herself, his or her immediate family, § 302.705, the issues at such hearing employees conducting such conference members of his or her firm or company, shall be formulated in accordance with shall issue to each person present at or as a trustee, in securities of the air the instituting order, except that at a such conference a written statement to carrier involved in the rate conference prehearing conference, the the effect that such conference is being except that under exceptional administrative law judge may permit the conducted pursuant to this section and circumstances special permission may parties to raise such additional issues as stating the time of commencement of be obtained in advance from the DOT he or she deems necessary to make a full such conference; and at the termination decisionmaker; and determination of a fair and reasonable of such conference the DOT employees (3) Shall adopt effective controls for rate. conducting such conference shall note the confidential handling of such (b)(1) The parties to the proceeding in writing on such statement the time of information and shall instruct personnel shall be the air carrier or carriers for termination of such conference. under his or her supervision, who by whom rates are to be fixed, the U.S. reason of their employment come into Postal Service, the Office of the § 302.709 Scope of conferences. possession of information obtained at Assistant General Counsel for Aviation The mail rate conferences shall be the conference, that such information is Enforcement and Proceedings and any limited to the discussion of, and confidential and must not be disclosed other person whom the DOT possible agreement on, particular issues to anyone except to the extent decisionmaker or administrative law and related factual material in absolutely necessary in the course of judge permits to intervene in accordance with sound rate-making employment, and must not be misused. accordance with § 302.20. principles. The duties and powers of (The term ‘‘information’’, as used in this (2) In addition to participation in DOT employees in rate conferences section, shall refer only to information hearings in accordance with § 302.19, essentially will not be different, obtained at the conference regarding the persons other than parties may, within therefore, from the duties and powers future course of action or position of the

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Department or its employees with revenues and expenses by appropriate party might otherwise have under the respect to the facts or issues discussed periods and the investment that will be Statute and this part. at the conference.) required to perform the operations for a (b) Signed statement required. Every future period, full and adequate support § 302.716 Effect of conference representative of an air carrier actually shall be presented for all estimates, agreements. present at any conference shall sign a particularly where such estimates No agreements or understandings statement that he or she has read this deviate materially from the air carrier’s reached in rate conferences as to facts or entire instruction and promises to abide experience. With respect to the rate for issues shall in any respect be binding on by it and advise any other participant to a past period, essentially the same the Department or any participant. Any whom he or she discloses any procedure shall be followed. Other party to mail rate proceedings will have confidential information of the information or data likewise may be the same rights to file an answer and restrictions imposed above. Every requested by the DOT employees. All take other procedural steps as though no representative of the U.S. Postal Service data submitted by the air carrier shall be rate conference had been held. The fact, actually present at any conference shall, certified by a responsible officer. however, that a rate conference was on his or her own behalf, sign a held and certain agreements or statement to the same effect. § 302.713 DOT analysis of data for submission of answers thereto. understandings may have been reached (c) Presumption of having conference on certain facts and issues renders it information. A director of any air carrier After a careful analysis of these data, proper to provide that, upon the filing that has had a representative at the the DOT employees will, in most cases, of an answer by any party to the rate conference, who deals either directly or send the air carrier a statement of proceeding, all issues going to the indirectly for himself or herself, his or exceptions showing areas of differences. establishment of a rate shall be open, her immediate family, members of his or Where practicable, the air carrier may except insofar as limited in prehearing her firm or company, or as a trustee, in submit an answer to these exceptions. conference in accordance with § 302.22. securities of the air carrier involved in Conferences will then be scheduled to the conference, during the restricted resolve the issues and facts in § 302.717 Waiver of participant conditions. period set forth above, shall be accordance with sound ratemaking After the termination of a mail rate presumed to have come into possession principles. conference hereunder, the air carrier of information obtained at the whose rates were in issue may petition conference knowing that such § 302.714 Availability of data to the U.S. the DOT decisionmaker for a release information was subject to the Postal Service. from the obligations imposed upon it restrictions imposed above; but such The representatives of the U.S. Postal and all other persons by § 302.711. The presumption can be rebutted. Service shall have access to all DOT decisionmaker will grant such (d) Compliance report required. conference data and, insofar as Within ten (10) days after the expiration petition only after a detailed and practicable, shall be furnished copies of convincing showing is made in the of the time specified for keeping all pertinent data prepared by the DOT conference matters confidential, every petition and supporting exhibits and employees and the air carrier, and a documents that there is no reasonable participant, as defined in paragraph (e) reasonable time shall be allowed to of this section, shall file a verified possibility that any of the abuses sought review the facts and issues and to make to be prevented will occur or that the compliance report with Department of any presentation deemed necessary; Transportation Dockets stating that he Department’s processes will in any way Provided, That in cases other than those be prejudiced. There will be no hearing or she has complied in every respect involving an issue as to the service mail with the conditions of this section, or if or oral argument on the petition and the rates payable by the U.S. Postal Service DOT decisionmaker will grant or deny he or she has not so complied, stating pursuant to section 41901 of the Statute, in detail in what respects he or she has the request without being required to representatives of the U.S. Postal assign reasons therefor. failed to comply. Service shall be furnished with copies (e) Persons subject to the provisions of of data under this provision only upon Processing Contracts for the Carriage of this section. For the purposes of this their written request. Mail in Foreign Air Transportation section, participants shall include: (1) Any representative of any air § 302.715 Post-conference procedure. § 302.718 Filing. carrier and any representative of the No briefs, argument, or any formal Any air carrier that is a party to a U.S. Postal Service actually present at steps will be entertained by the DOT contract to which this subpart is the conference; (2) The directors and the officers of decisionmaker after the rate applicable shall file three (3) copies of any air carrier that had a representative conferences. The form, content and time the contract in the Office of Aviation at the conference; of the staff’s presentation to the DOT Analysis, X–50, Department of (3) The members of any firm of decisionmaker are entirely matters of Transportation, Washington, DC 20590, attorneys or consultants that had a internal procedure. Any party to the not later than ninety (90) days before the representative at the conference; and mail rate proceeding may, through an effective date of the contract. A copy of (4) The members of the U.S. Postal authorized DOT employee, request the such contract shall be served upon the Service staff who come into possession opportunity to submit a written or oral persons specified in § 302.720 and the of information obtained at the statement to the DOT decisionmaker on certificate of service shall specify the conference, knowing that such any unresolved issue. The DOT persons upon whom service has been information is subject to the restrictions decisionmaker will grant such requests made. One copy of each contract filed imposed in this section. whenever he or she deems such action shall bear the certification of the desirable in the interest of further secretary or other duly authorized § 302.712 Information to be requested clarification and understanding of the officer of the filing air carrier to the from an air carrier. issues. The granting of an opportunity effect that such copy is a true and When an air carrier is requested to for such further presentation shall not, complete copy of the original written submit detailed estimates as to traffic, however, impair the rights that any instrument executed by the parties.

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§ 302.719 Explanation and data supporting be transported pursuant to the contract; such other action as may be appropriate. the contract. and Any such order shall be issued not later Each contract filed pursuant to this (b) The Assistant General Counsel, than ten (10) days prior to the effective subpart shall be accompanied by Transportation Division, U.S. Postal date of the contract. economic data and such other Service, Washington, DC 20260–1124. (b) In cases where no complaint is filed, the DOT decisionmaker may issue information in support of the contract § 302.721 Complaints. upon which the filing air carrier intends a letter of notification to all persons that the Department rely, including, in Within fifteen (15) days of the filing upon whom the contract was served cases where pertinent, estimates of the of a contract, any interested person may indicating that the Department does not annual volume of contract mail (weight file with the Office of Aviation Analysis, intend to disapprove the contract. and ton-miles) under the proposed X–50, Department of Transportation, (c) Unless the DOT decisionmaker contract, the nature of such mail (letter Washington, DC 20590, a complaint disapproves the contract not later than mail, parcel post, third class, etc.), with respect to the contract setting forth ten (10) days prior to its effective date, together with a statement as to the the basis for such complaint and all the contract automatically becomes extent to which this traffic is new or pertinent information in support of effective. same. A copy of the complaint shall be diverted from existing classes of air and § 302.724 Petitions for reconsideration. surface mail services and the priority served upon the air carrier filing the Except in the case of a Department assigned to this class of mail. contract and upon each of the persons served with such contract pursuant to determination to disapprove a contract, § 302.720 Service. § 302.720. no petitions for reconsideration of any Department determination pursuant to A copy of each contract filed pursuant § 302.722 Answers to complaints. this subpart shall be entertained. to § 302.718, and a copy of all material Answers to the complaint may be Appendix A to Part 302—Index to and data filed pursuant to § 302.719, filed within ten (10) days of the filing Rules of Practice shall be served upon each of the of the complaint, with service being following persons: made as provided in § 302.720. Appendix A shows the subjects (a) Each certificated and commuter (as covered by part 302 and the section defined in § 298.2 of this chapter) air § 302.723 Further procedures. numbers used before and after the final carrier, other than the contracting (a) In any case where a complaint is rule revising part 302, published in the carrier, that is actually providing filed, the DOT decisionmaker shall issue Federal Register on February 9, 2000 scheduled mail services between any an order dismissing the complaint, and became effective on March 10, pair of points between which mail is to disapproving the contract, or taking 2000.

Subject Old rule New rule

ADMINISTRATIVE LAW JUDGES: Actions after hearings ...... § 302.27(b) ...... § 302.31(a) Actions during prehearing conference ...... § 302.23(a) ...... § 302.22(b) Arguments before ...... § 302.25 ...... § 302.29 Briefs ...... § 302.26 ...... § 302.30 Licensing cases ...... § 302.1752 ...... § 302.215 Certification for decision ...... § 302.22(d) ...... § 302.31(b) Definition ...... § 302.22(a) ...... § 302.2 Delegation of authority ...... § 302.27(a) ...... § 307.17(a)(3) Exceptions ...... § 302.27(a) ...... § 307.17(a)(3) Interlocutory matters ...... § 302.27(a) ...... § 307.17(a)(3) Disqualification ...... § 302.22(b) ...... § 302.17(b) Exceptions ...... § 302.24(e) ...... § 302.24(i) Licensing cases ...... § 302.1754 ...... § 302.217 Hearings before ...... § 302.24 ...... § 302.23 Initial decision (see Initial Decision) ...... Powers ...... § 302.22(c) ...... § 302.17(a) Prehearing conference report ...... § 302.23(b) ...... § 302.22(c) Recommended decision (see Recommended Decision) ...... Termination of authority ...... § 302.22(c) ...... § 307.17(a)(4) ADMISSIONS: Enforcement proceeding ...... § 302.212 ...... § 302.412 Limitation on use ...... § 302.212 ...... § 302.412(c) AIRPORT FEES: Administrative law judge decision ...... § 302.615 ...... § 302.607 Complaints by U.S. or foreign air carriers ...... § 302.603(a) ...... § 302.602(a) Answers ...... § 302.607 ...... § 302.604 Additional complaints ...... § 302.603(b) ...... § 302.602(b) Contents ...... § 302.605 ...... § 302.603 Format of exhibits and briefs ...... § 302.605(b) ...... § 302.603(b) Service ...... § 302.605(c)(1) ...... § 302.603(c)(1) Replies ...... § 302.609 ...... § 302.605 Consolidation of proceedings ...... § 302.603(c) ...... § 302.602(c) Dismissal ...... §§ 302.611(c), (d) ...... §§ 302.606(c), (d) Final order ...... § 302.621 ...... § 302.610 Timing ...... § 302.619 ...... § 302.609 Instituting order ...... § 302.611(b) ...... § 302.606(b) Petitions for discretionary review ...... § 302.617 ...... § 302.608

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Answers ...... § 302.617(c) ...... § 302.608(c) Request for determination by airport owner/operator ...... § 302.603(a) ...... § 302.602(a) Answers ...... § 302.607 ...... § 302.604 Contents ...... § 302.605 ...... § 302.603 Format of exhibits and briefs ...... § 302.605(b) ...... § 302.603(b) Service ...... § 302.605(d)(1) ...... § 302.603(d)(1) Replies ...... § 302.609 ...... § 302.605 Review procedures ...... § 302.611 ...... § 302.606 Significant dispute determination ...... § 302.611(b) ...... § 302.606(b) AMENDMENTS OF DOCUMENTS (see Documents) ANSWERS (see also Replies): Airport fees ...... § 302.607 ...... § 302.604 Certificate applications: Initial fitness ...... § 302.1730(c) ...... § 302.204 International route awards Conforming applications ...... § 302.1720(d) ...... § 302.212(d) Motions to modify scope ...... § 302.1720(e) ...... § 302.212(d) New authority ...... § 302.1720(d) ...... § 302.212(b) Complaints Air mail contracts ...... § 302.1506 ...... § 302.722 Airport fees ...... § 302.607 ...... § 302.604 Enforcement matters ...... § 302.204(b) ...... § 302.405 Suspension of tariffs ...... § 302.505 ...... § 302.506 Consolidation of proceedings ...... § 302.12(c) ...... § 302.13(c) Enforcement proceeding, notice instituting ...... § 302.207 ...... § 302.408 Exemption applications ...... § 302.406 ...... § 302.307 Foreign air carrier permit applications ...... § 302.1740(c) ...... § 302.204 Generally ...... § 302.6 ...... § 302.6 Mail rate proceedings show cause orders ...... § 302.305 ...... § 302.704 Motions, generally ...... § 302.18(c) ...... § 302.11(c) Motions to consolidate ...... § 302.12(c) ...... § 302.13(c) Motions to dismiss and for summary judgment ...... § 302.212 ...... § 302.411 Motions for modification/dissolution of enforcement proceedings ...... § 302.218 ...... § 302.419 Petitions for discretionary review ...... § 302.28(b) ...... § 302.32(b) Petitions for final mail rates ...... § 302.303 ...... § 302.702(e) Petitions for intervention ...... § 302.15(c)(3) ...... § 302.20(c)(3) Petitions for reconsideration ...... § 302.37a ...... § 302.14 Requests for determination of airport fees ...... § 302.607 ...... § 302.607 APPEALS: Administrative Law Judge's ruling ...... § 302.18(f) ...... § 302.11(h) Enforcement complaints ...... § 302.206(b) ...... § 302.406(c) APPEARANCES: Generally ...... § 302.11 ...... § 302.21 Application for admission to practice unnecessary ...... § 302.11(a) ...... § 302.21(b) Copy of transcript ...... § 302.11(c) ...... § 302.27(b) Retention of counsel ...... § 302.11(b) ...... § 302.27(a) Enforcement proceedings ...... § 302.214 ...... § 302.416 APPLICATIONS: Admission to practice unnecessary ...... § 302.11(a) ...... § 302.21(b) Suspension from practicing before DOT ...... § 302.11(a) ...... § 302.21(c) Amendment ...... § 302.5 ...... § 302.5 Certificates for international route awards ...... §§ 302.1701±1713, 1720 .... §§ 302.201±206 Conforming applications ...... § 302.1720(c) ...... § 302.212(c) Certificates involving initial fitness ...... §§ 302.1701±1713, 1730 .... §§ 302.201±206 Consolidation ...... § 302.12 ...... § 302.13 Exemptions ...... §§ 302.401±405 ...... §§ 302.302±304 Exemptions, emergency ...... §§ 302.410(b), (c) ...... § 302.311 Foreign Air Carrier Permits ...... §§ 302.1701±1713, 1740 .... §§ 302.201±206 Licensing cases ...... §§ § 302.1701±1790 ...... § 302.201±206 ARGUMENT: Before Administrative Law Judge ...... § 302.25 ...... § 302.29 Oral (see Oral Arguments) ATTENDANCE FEES AND MILEAGE ...... § 302.21 ...... § 302.27(c) BRIEFS: Accompanying motions or answers ...... § 302.18(d) ...... § 302.11(d) Failure to restate objections ...... § 302.31(b) ...... § 302.35(b) Filing time ...... § 302.31(a) ...... § 302.35(a) Formal specifications ...... § 302.31(c) ...... § 302.35(c) Incorporation by reference ...... § 302.31(b) ...... § 302.35(c)(2) Licensing cases ...... §§ 302.302.1752, 1755 ...... §§ 302.215, 218 To Administrative Law Judge ...... § 302.26 ...... § 302.30 Licensing cases ...... § 302.1752 ...... § 302.215 To DOT decisionmaker ...... § 302.31 ...... § 302.35 Licensing cases ...... § 302.1755 ...... § 302.218

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Subject Old rule New rule

CERTIFICATE CASES FOR U.S. AIR CARRIERS: Application: Answers to ...... §§ 302.1720(d) 1730(d) ...... § 302.204(a) Contents of ...... § 302.1704 ...... § 302.202 Incomplete ...... § 302.1713 ...... § 302.209 Replies to answers ...... § 302.204(b) Service of ...... § 302.1705 ...... § 302.203 Supporting evidence ...... § 302.1710 ...... §§ 302.202(a), 205 Verification ...... § 302.1707 ...... § 302.206 Continuing Fitness ...... § 302.1730 ...... § 302.211 Non-hearing procedures ...... § 302.1712(a) ...... § 302.207 Generally ...... §§ 302.1701±1790 ...... §§ 302.201±220 Initial Fitness ...... § 302.1730 ...... § 302.211 International Route Awards ...... § 302.1720 ...... § 302.212 Oral evidentiary hearing proceedings ...... §§ 302.1751±1757 ...... §§ 302.214±220 Petition for ...... § 302.1712(b) ...... § 302.208 CERTIFICATION: Documents ...... § 302.4(b) ...... § 302.4(b) Record ...... §§ 302.22(d), 27, 29 ...... § 302.31(b) CHARGES (see Rates, Fairs, and Charges; Airport Fees) CITATION OF RULES ...... § 302.2 ...... § 302.1(c) CIVIL PENALTIES ...... § 302.206(a) ...... §§ 302.407(d), (e) COMPLAINANTS, JOINDER ...... § 302.13 ...... § 302.404(d) COMPLAINTS: Airport fees ...... §§ 302.603±605 ...... §§ 302.602±603 Contracts for transportation of mail ...... §§ 302.1505±1507 ...... § 302.721 Enforcement proceedings ...... §§ 302.200±204 ...... §§ 302.403±404 Joinder ...... § 302.13 ...... § 302.404(d) Rates, fares, and charges ...... §§ 302.501±508 ...... §§ 302.501±507 Suspension of tariffs ...... §§ 302.505±508 ...... § 302.506 COMPUTATION OF TIME (see also Time) ...... § 302.16 ...... § 302.8 CONSOLIDATION OF PROCEEDINGS ...... § 302.12 ...... § 302.13 Airport fees ...... § 302.603(c) ...... § 302.602(c) Answer to motion for ...... § 302.12(c) ...... § 302.13(c) Enforcement proceedings ...... § 302.210(a) ...... § 302.410 Filing time ...... § 302.12(b) ...... § 302.13(b) Initiation of ...... § 302.12(a) ...... § 302.13(a) CONTINUING FITNESS CERTIFICATE CASES ...... § 302.1701±1713 ...... § 302.212 CONTRACTS (see Mail Contracts) DECISIONS: Final ...... § 302.36 ...... §§ 302.38, 220 Initial (see Administrative Law Judges) Recommended (see Administrative Law Judges) Tentative ...... § 302.29 ...... § 302.33 Exceptions to ...... § 302.30 ...... § 302.34 DEFINITIONS ...... NA ...... §§ 302.2, 402 DELEGATION OF AUTHORITY ...... § 302.27 ...... §§ 302.17(a), 18(a) DEPOSITIONS: Application by party for ...... § 302.20(b) ...... § 302.26(b) Criteria for order to issue ...... § 302.20(a) ...... § 302.26(a) Evidential status ...... §§ 302.20(h) ...... § 302.26(h) Objections to questions or evidence ...... § 302.2(d) ...... § 302.26(d) Specifications ...... § 302.20(g) ...... § 302.26(g) Subscription by witness ...... § 302.20(e) ...... § 302.26(e) Written interrogatories ...... § 302.20(f) ...... § 302.26(f) DISCRETIONARY REVIEW: Initial and Recommended decisions ...... § 302.28 ...... § 302.32 Answers in opposition or support ...... § 302.28(b) ...... § 302.32(b) Formal requirements ...... § 302.28(a)(3) ...... §§ 302.32(a)(3), (4) Grounds for ...... § 302.28(a)(2) ...... § 302.32(a)(2) Orders declining review ...... § 302.28(c) ...... § 302.32(c) Oral arguments ...... § 302.28(a)(5) ...... § 302.32(a)(5) Petitions for ...... § 302.28(a)(1) ...... § 302.32(a)(1) Review proceedings ...... § 302.28(d) ...... § 302.32(d) DISSOLUTION OF ENFORCEMENT ACTION ...... § 302.218 ...... § 302.419 DOCUMENTS: Amendments ...... § 302.5 ...... § 302.5 Leave of Department ...... § 302.5 ...... § 302.5(a) Timing of ...... § 302.5 ...... § 302.5(b) Answers (see Answers) Briefs (see Briefs) Dismissal ...... § 302.5 ...... § 302.3(d) Electronic filing ...... NA ...... § 302.3(c) Exhibits ...... §§ 302.24(g) ...... § 302.24(c)

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Subject Old rule New rule

Filing ...... § 302.3 ...... § 302.3 Address ...... § 302.3(a) ...... § 302.3(a) Date ...... § 302.3(a) ...... § 302.3(a) Improper filing ...... § 302.4e ...... § 302.3(d) Formal specifications ...... § 302.3(b) ...... § 302.3(b) General requirements ...... § 302.4 ...... § 302.4 Contents ...... § 302.4(a) ...... § 302.4(a)(2) Designation of person to receive service ...... § 302.4(c) ...... § 302.4(a) Subscription ...... § 302.4(b) ...... § 302.4(b) Memoranda of opposition or support ...... § 302.6(c) ...... § 302.706(b)(2) Number of copies ...... § 302.3(c) ...... § 302.3(c) Objections to public disclosure ...... § 302.39(b) ...... § 302.12 Official Notice of facts ...... § 302.24(n) ...... § 302.24(g) Partial relevance of ...... § 302.24(I) ...... § 302.24(e) Presented at oral argument ...... § 302.32(b) ...... § 302.36(b) Receipt after hearing ...... § 302.24(k) ...... § 302.24(h) Responsive ...... § 302.6 ...... § 302.6 Retention ...... § 302.7 ...... § 302.3(f) Service (see Service) Table of contents/Index ...... § 302.3(d) ...... § 302.4(a)(3) Unauthorized ...... § 302.4(f) ...... § 302.6(c) DOT DECISIONMAKER: Briefs to ...... § 302.31 ...... § 302.35 Licensing cases ...... § 302.1755 ...... § 302.218 Certification of record to ...... § 302.22(d) ...... § 302.31(b) Definition ...... § 302.22a ...... §§ 302.2, 18 Final decision ...... § 302.36 ...... § 302.38 Licensing cases ...... § 302.1757 ...... § 302.220 Oral argument ...... § 302.32 ...... § 302.36 Licensing cases ...... § 302.1756 ...... § 302.219 Petitions for reconsideration ...... § 302.37 ...... § 302.14 Review of Administrative Law Judge decision ...... § 302.38 ...... § 302.32 Tentative decision ...... § 302.29 ...... § 302.33 Exceptions ...... § 302.30 ...... § 302.34 ENFORCEMENT PROCEEDINGS: Admissions as to facts and documents ...... § 302.212 ...... § 302.412 Complaints: Formal ...... § 302.201 ...... § 302.404 Informal ...... § 302.200 ...... § 302.403 Insufficiency of ...... § 302.203 ...... § 302.404(c) Consolidation of proceedings ...... § 302.210a ...... § 302.410 Evidence of previous violations ...... § 302.216 ...... § 302.413 Generally ...... §§ 302.200±217 ...... §§ 302.401±420 Hearings ...... § 302.213 ...... § 302.415 Modification or dissolution of enforcement action ...... § 302.218 ...... § 302.419 Motions to dismiss ...... § 302.212 ...... § 302.411 Motions for summary judgment ...... § 302.212 ...... § 302.402 Settlement proceedings ...... § 302.215 ...... § 302.417 EVIDENCE: Exhibits ...... §§ 302.24(g), (h) ...... §§ 302.24(c), (d) Generally ...... § 302.24(c) ...... § 302.24(a) Objections to ...... § 302.24(d) ...... § 302.24(b) Offers of proof ...... § 302.24(f) ...... § 302.24(j) Official notice of facts in certain documents ...... § 302.24(n) ...... § 302.24(g) Partial relevance of ...... § 302.24(I) ...... § 302.24(e) Previous violations ...... § 302.216 ...... § 302.413 Records in other proceedings ...... § 302.24(j) ...... § 302.24(f) EXAMINERS (see Administrative Law Judges) EXCEPTIONS: Administrative Law Judge's rulings ...... § 302.24(e) ...... § 302.24(i) Initial decisions ...... § 302.30 ...... § 302.31(c) Licensing cases ...... § 302.1754 ...... § 302.217 Recommended decisions ...... § 302.30 ...... § 302.31(c) Request for oral argument ...... § 302.32 ...... § 302.36 Tentative decisions ...... § 302.30 ...... § 302.34 Waiver ...... § 302.33 ...... § 302.37 EXEMPTION PROCEEDINGS: Application: Answers to ...... § 302.406 ...... § 302.307 Contents of ...... § 302.402 ...... § 302.303 Filing of ...... § 302.401 ...... § 302.302 Incomplete ...... § 302.405 ...... § 302.306 Posting of ...... § 302.404 ...... § 302.305 Service of ...... § 302.403 ...... § 302.304

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Subject Old rule New rule

Reply to answer ...... § 302.407 ...... § 302.308 Supporting evidence ...... § 302.402(c) ...... § 302.302(c) DOT's initiative ...... § 302.409 ...... § 302.310 Emergencies ...... § 302.410 ...... § 302.311 Cabotage ...... § 302.402(d) ...... § 302.303(d) Hearing request ...... § 302.408 ...... § 302.309 EXHIBITS (see also Evidence): Generally ...... § 302.24(g) ...... §§ 302.24(c), (d) FARES (see Rates, Fares, and Charges) FEE (see Airport Fees) FINAL MAIL RATE PROCEEDINGS (see Mail Rate Proceedings) FINAL ORDERS (see Orders) FITNESS CASES (see Certificate Cases) FOREIGN AIR CARRIER PERMIT CASES: Application: Answers to ...... § 302.1740(c) ...... § 302.204(a) Contents of ...... § 302.1704 ...... § 302.202 Incomplete ...... § 302.1713 ...... § 302.209 Replies to answers ...... § 302.204(b) Service of ...... § 302.1705 ...... § 302.203 Supporting evidence ...... § 302.1710 ...... §§ 302.202(a), 205 Verification ...... § 302.1707 ...... § 302.206 Non-hearing procedures ...... § 302.1712(a) ...... § 302.207 Generally ...... §§ 302.1701±1713, 1740± §§ 302.201±220 1790. Oral evidentiary hearing proceedings ...... § 302.1751±1757 ...... §§ 302.214±220 Petition for ...... § 302.1712(b) ...... § 302.208 HEARINGS: Airport fee dispute proceedings ...... § 302.611(b) ...... § 302.606(b) Argument before Administrative Law Judge ...... § 302.25 ...... § 302.29 Change in rates, fares, or charges ...... § 302.506 ...... § 302.706 Consolidated (see Consolidation of Proceedings) Documents of partial relevance ...... § 302.24(i) ...... § 302.24(e) Enforcement proceedings ...... § 302.213 ...... § 302.415 Evidence (see Evidence) Expedition of ...... § 302.14(a) ...... § 302.11(e) Generally ...... § 302.24 ...... § 302.23 Intervention ...... § 302.15 ...... § 302.20 Licensing cases ...... § 302.1751 ...... § 302.214 Notice ...... § 302.24(b) ...... § 302.23 Offers of proof ...... § 302.24(f) ...... § 302.24(j) Official notice of facts in certain documents ...... § 302.24(n) ...... § 302.24(g) Participation by non parties ...... § 302.14(b) ...... § 302.19 Receipt of documents after hearing ...... § 302.24(k) ...... § 302.24(h) Records in other proceedings ...... § 302.24(j) ...... § 302.24(f) Request for, on application for exemption ...... § 302.408 ...... § 302.309 Shortened procedure ...... § 302.35 ...... § 302.15 Transcripts ...... §§ 302.24(l), (m) ...... § 302.28 INITIAL DECISION: Answer in support or opposition ...... § 302.28(b) ...... § 302.32(b) Contents ...... § 302.27(b) ...... § 302.31(c) Effect of ...... § 302.27(c) ...... § 302.31(d) Licensing cases ...... § 302.1753 ...... § 302.216 Exceptions to ...... § 302.1754 ...... § 302.217 Oral arguments ...... § 302.28(a)(5) ...... § 302.32(a)(5) Orders declining review ...... § 302.28(c) ...... § 302.32(c) Petitions for discretionary review ...... § 302.28 ...... § 302.32 Service ...... § 302.27(b) ...... § 302.31(c) Scope ...... § 302.27(a) ...... § 302.31(a)(1) INITIAL FITNESS CERTIFICATE CASES (see Certificate Cases) INSTITUTING ORDERS (see Orders) INTERROGATORIES (see Depositions) INTERVENTION: Generally ...... § 302.15 ...... § 302.20 JOINDER OF COMPLAINTS OR COMPLAINANTS ...... § 302.13 ...... § 302.404(d) JOINT PLEADINGS: Enforcement cases ...... § 302.13 ...... § 302.404(d) Licensing cases ...... § 302.1708 ...... § 302.204(c) LAW JUDGE (see Administrative Law Judges) LICENSING CASES (see Certificate Cases; Foreign Air Carrier Permit Cases MAIL CONTRACTS: Complaint against contract ...... §§ 302.1505±1507 ...... §§ 302.721±723 Data supporting contract ...... § 302.1503 ...... § 302.719 Explanation of contract ...... § 302.1503 ...... § 302.719

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Subject Old rule New rule

Filing of contract ...... § 302.1502 ...... § 302.718 Petition for reconsideration ...... § 302.1508 ...... § 302.724 Service of contract ...... § 302.1504 ...... § 302.720 MAIL RATE CONFERENCES: Availability of data to Postal Service ...... § 302.317 ...... § 302.714 Conditions upon participation ...... § 302.314 ...... § 302.711 Compliance report ...... § 302.314(d) ...... § 302.711(d) Non-disclosure of information ...... § 302.314(a) ...... § 302.711(a) Signed statement required ...... § 302.314(b) ...... § 302.711(b) DOT analysis of data for submission of answers ...... § 302.316 ...... § 302.713 Effect of conference agreements ...... § 302.319 ...... § 302.716 Information to be requested from carrier ...... § 302.315 ...... § 302.712 Participants in conferences ...... § 302.313 ...... § 302.710 Post conference procedure ...... § 302.318 ...... § 302.715 Scope of conferences ...... § 302.312 ...... § 302.709 Time of commencing and terminating conference ...... § 302.321 ...... § 302.708(b) Waiver of participant conditions ...... § 302.320 ...... § 302.717 MAIL RATE PROCEEDINGS: Evidence ...... § 302.308 ...... § 302.706(c) Further procedures ...... § 302.306, 307 ...... § 302.705 Hearing ...... § 302.309 ...... § 302.706 Institution of proceedings ...... § 302.302 ...... § 302.702 Objections and answers to show cause order ...... § 302.305 ...... § 302.704 Order to show cause ...... § 302.303 ...... § 302.703 Parties and persons other than parties ...... § 302.301, 302 ...... § 302.706(b) MILEAGE FEES ...... § 302.21 ...... § 302.27(c) MODIFICATION OF ENFORCEMENT ACTION ...... § 302.218 ...... § 302.419 MOTIONS (see also Petitions): Answers to ...... § 302.18(c) ...... § 302.11(c) Appeals from rulings of Administrative Law Judges ...... § 302.18(f) ...... § 302.11(h) Briefs ...... § 302.18(d) ...... § 302.11(d) Consolidation of proceedings ...... § 302.12 ...... § 302.13 Enforcement cases ...... § 302.210a ...... § 302.410 Continuances and extension of time ...... § 302.17 ...... § 302.9 Disposition of ...... § 302.18(e) ...... § 302.11(g) Effect of pendency ...... § 302.18(g) ...... § 302.11(f) Expedition of case ...... § 302.14(a) ...... § 302.11(e) For suspension of operating authority pendente lite ...... § 302.217 ...... § 302.418 For modification or dissolution of orders ...... § 302.218 ...... § 302.419 Form and contents ...... § 302.18(b) ...... § 302.11(b) Generally ...... § 302.18 ...... § 302.11(a) Oral arguments ...... § 302.18(d) ...... § 302.11(d) Substitution of parties ...... § 302.10 ...... § 302.10(b) To correct transcripts ...... § 302.24(m) ...... § 302.28(f) To dismiss and for summary judgment ...... § 302.212 ...... § 302.411 To dismiss formal complaint ...... § 302.204 ...... § 302.405(c) To file unauthorized documents ...... § 302.4(f) ...... § 302.6(c) To modify scope in Licensing cases ...... § 302.1720(c) ...... § 302.212(b) To quash or modify subpoena ...... § 302.19(f) ...... § 302.25(f) To whom motions addressed ...... § 302.18(a) ...... § 302.11(a) To withhold information from public disclosure ...... §§ 302.39(b), (e), (f) ...... §§ 302.12(d), (e) NON-HEARING PROCEDURES ...... § 302.35 ...... § 302.15 Licensing cases ...... § 302.1712(a) ...... § 302.207 OBJECTIONS (see also Answers): To Public Disclosure of Information ...... § 302.39 ...... § 302.12 OFFERS OF PROOF ...... § 302.24(f) ...... § 302.24(j) OFFICIAL NOTICE ...... § 302.24(n) ...... § 302.24(g) ORAL ARGUMENTS: Before DOT decisionmakers ...... § 302.32 ...... § 302.36 Request for leave ...... § 302.32(a) ...... § 302.36(a) Rules on documentary evidence ...... § 302.32(b) ...... § 302.36(b) Before Administrative Law Judges ...... § 302.25 ...... § 302.29 Discretionary review ...... § 302.28(a)(5) ...... § 302.32(a)(5) Licensing cases ...... § 302.1756 ...... § 302.219 Waivers ...... § 302.33 ...... § 302.37 ORAL EVIDENTIARY HEARINGS (see Hearings) ORDERS: Declining review of initial decisions ...... § 302.28(c) ...... § 302.32(c) Dismissal: Airport fee dispute proceedings ...... §§ 302.611(c), (d) ...... §§ 302.606(c), (d) Enforcement complaints ...... § 302.205 ...... § 302.406 Licensing cases ...... § 302.1750(a)(2) ...... § 302.210(a)(3) Establishing further procedures (Licensing cases) ...... § 302.1750 ...... § 302.210 Final ...... § 302.36 ...... § 302.38

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Subject Old rule New rule

Airport fee dispute proceedings ...... § 302.621 ...... § 302.610 Licensing cases ...... § 302.1750 ...... § 302.210 Mail contracts ...... § 302.1507(a) ...... § 302.723(a) Mail rate proceedings ...... § 302.306 ...... § 302.705 Instituting oral evidentiary hearing: Airport fee dispute proceedings ...... § 302.611(b) ...... § 302.606(b) Licensing cases ...... § 302.1750(a)(1) ...... § 302.210(a)(4) Mail rate proceedings ...... §§ 302.307, 309 ...... §§ 302.703, 705(b) Instituting investigation of rates, fares, and charges ...... § 302.504 ...... § 302.505 Show cause: Licensing cases ...... § 302.1730(d) ...... § 302.210(a)(1) Mail rate proceedings ...... § 302.304 ...... § 302.703 PARTIES: Appearances of ...... § 302.11 ...... § 302.21(a) Defined ...... § 302.9 ...... § 302.2, 10(a) Enforcement proceedings ...... § 302.210 ...... § 302.402 Licensing cases ...... § 302.1709 ...... § 302.210(a)(4) Mail rate proceedings ...... § 302.301 ...... § 302.706(b) Participation by Air Carrier Associations ...... § 302.10(a) ...... § 302.10(c) Persons other than parties ...... § 302.14 ...... § 302.19 Substitution of ...... § 302.10 ...... § 302.10(b) PETITIONS: Determination of rates, fares, or charges ...... § 302.502(a) ...... § 302.502±503 Discretionary review (see Discretionary Review) Filing Time ...... § 302.37(a) ...... § 302.14(a) Institution of mail rate proceedings ...... § 302.303 ...... § 302.302 Intervention ...... § 302.15(c) ...... § 302.20 Orders subject to reconsideration ...... § 302.37(a) ...... § 302.14(a) Repetitive ...... § 302.37(c) ...... § 302.14(c) Reconsideration ...... § 302.37 ...... § 302.14 Rulemaking ...... § 302.38 ...... § 302.16 PREHEARING CONFERENCE ...... § 302.23 ...... § 302.22 Actions during ...... § 302.23(a) ...... § 302.22(b) Enforcement proceeding ...... § 302.211 ...... § 302.414 Purposed § 302.23(a) ...... § 302.23(a) ...... § 302.22(a) Report of ...... § 302.23(b) ...... § 302.22(c) Scope ...... § 302.23(a) ...... § 302.22(a) PROCEEEDINGS: Airport fee dispute proceedings ...... §§ 302.601±621 ...... §§ 302.601±610 Consolidation of (see Consolidation) Contemporaneous consideration (see Consolidation) Enforcement ...... §§ 302.200±217 ...... § 302.401±420 Exemption ...... §§ 302.400±410 ...... § 302.301±311 Licensing cases ...... §§ 302.1701±1790 ...... § 302.201±220 Mail rate ...... §§ 302.300±321 ...... § 302.701±717 Rates, fares, and charges ...... §§ 302.500±508 ...... § 302.501±507 PUBLIC DISCLOSURE OF INFORMATION: Documents ...... § 302.39(b) ...... § 302.12(b) Generally ...... § 302.39(a) ...... § 302.12(a) Objection to by government ...... § 302.39(d) ...... § 302.12(f) Oral testimony ...... § 302.39(c) ...... § 302.12(c) RATES, FARES, AND CHARGESÐPROCEEDINGS (see also Mail Rate Proceedings; Airport Fees): Institution of ...... § 302.501 ...... § 302.502 Order of investigation ...... § 302.504 ...... § 302.505 Petition ...... § 302.501 ...... § 302.503 Contents ...... § 302.502(a) ...... § 302.503(a) Dismissed ...... § § 302.503 ...... § 302.504 Service ...... § 302.502(b) ...... § 302.503(b) Suspension of tariffs ...... § 302.505 ...... § 302.506 Answers ...... § 302.505 ...... § 302.506(e) Complaints ...... § 302.505 ...... § 302.506 Time for filing complaint ...... § 302.508 ...... § 302.507 RECOMMENDED DECISIONS (see Decisions) Answer in support or opposition ...... § 302.28(b) ...... § 302.32(b) Contents ...... § 302.27(b) ...... § 302.31(c) Effect of ...... § 302.27(c) ...... § 302.31(d) Licensing cases ...... § 302.1753 ...... § 302.216 Exceptions to ...... § 302.1754 ...... § 302.217 Oral arguments ...... § 302.28(a)(5) ...... § 302.32(a)(5) Orders declining review ...... § 302.28(c) ...... § 302.32(c) Petitions for discretionary review ...... § 302.28 ...... § 302.32 Service ...... § 302.27(b) ...... § 302.31(c) Scope ...... § 302.27(a) ...... § 302.31(a)(2)

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Subject Old rule New rule

RECONSIDERATION, REHEARING, REARGUMENT (see Petitions for Reconsider- ation): RECORD, CERTIFICATION ...... §§ 302.22(d), 27(a), 29(a) .. § 302.31(b) REPLIES: Airport fee dispute proceedings ...... § 302.609 ...... § 302.605 Exemption cases ...... § 302.407 ...... § 302.308 Generally ...... § 302.6(b) ...... § 302.6(b) Licensing cases ...... § 302.204(b) Motions ...... § 302.18(c) ...... § 302.11(c) Enforcement proceedings ...... § 302.209 ...... § 302.408 RESPONSIVE DOCUMENTS (see Answers; Replies): REVIEW (see Discretionary Review): ROUTE PROCEEDINGS (see also Certificate Cases): International route awards ...... §§ 302.1701±1790 ...... § 302.201±220 RULEMAKING PETITIONS ...... § 302.38 ...... § 302.16 SERVICE: Airport fee dispute proceedings ...... §§ 302.605(c)(1), (d)(1) ...... §§ 302.603(c)(1), (d)(1) By the Department ...... § 302.8(a)(1) ...... § 302.7(a)(1) Date of ...... § 302.8(f) ...... § 302.7(f) Enforcement complaints ...... § 302.204(a) ...... § 302.404(e) Exemption cases ...... § 302.403 ...... § 302.304 Generally ...... § 302.8 ...... § 302.7 Licensing cases ...... § 302.1705 ...... § 302.203 Mail rate petitions ...... § 302.303(c) ...... § 302.702(d) Persons eligible for service ...... § 302.8(c) ...... § 302.7(c), (g), (h) Procedures ...... § 302.8(b) ...... § 302.7(b) Proof of ...... § 302.8(e) ...... § 302.7(e) Rates, fares, and charges complaints ...... § 302.502(b) ...... § 302.503(b) Where to be made ...... § 302.8(d) ...... § 302.7(d) SETTLEMENT OFFERS: Enforcement proceedings ...... § 302.215 ...... § 302.417 Public disclosure ...... § 302.215(d) ...... § 302.417(d) SHORTENED PROCEDURE ...... § 302.35 ...... § 302.15 SHOW CAUSE ORDERS (see Orders): SUBPOENAS ...... § 302.19 ...... § 302.25 SUSPENSION OF PRACTICE BEFORE DOT ...... § 302.11(a) ...... § 302.25(f) TARIFFS: Complaints requesting suspension ...... § 302.505 ...... § 302.506 TEMPORARY RATE PROCEEDINGS ...... § 302.310 ...... § 302.707 TENTATIVE DECISIONS (see Decisions): TESTIMONY (see Witnesses): TIME: Computation of ...... § 302.16 ...... § 302.8 Continuances of ...... § 302.17 ...... § 302.9 Extensions of ...... § 302.17 ...... § 302.9 Licensing cases ...... §§ 302.1706, 1711 ...... § 302.209 TRANSCRIPTS OF HEARINGS ...... § 302.24(l) ...... § 302.28 U.S. AIR CARRIER CERTIFICATION (see Certificate Cases): VERIFICATION: Licensing cases ...... § 302.1707 ...... § 302.206 WAIVERS OF PROCEDURAL STEPS ...... § 302.33 ...... § 302.37 WITNESSES: Attendance fees and mileage ...... § 302.21 ...... § 302.27(c) Cross-examination by nonparties ...... § 302.14(b) ...... § 302.19 Depositions ...... § 302.20 ...... § 302.26 Objections to public disclosure of testimony ...... § 302.39(c) ...... § 302.12(c) Represented by counsel ...... § 302.11(a) ...... § 302.27(a) Subpoenas ...... § 302.19 ...... § 302.25 VIOLATIONSÐEVIDENTIAL STATUS IN ENFORCEMENT PROCEEDINGS ...... § 302.216 ...... § 302.413

Issued in Washington, DC, on January 24, 2000. Robert S. Goldner, Acting Deputy Assistant Secretary for Aviation and International Affairs. [FR Doc. 00–2554 Filed 2–8–00; 8:45 am] BILLING CODE 4910±62±P

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Part III

Department of Transportation Coast Guard

46 CFR Parts 2, 30, et al. Frequency of Inspection; Final Rule

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DEPARTMENT OF TRANSPORTATION (NPRM) entitled ‘‘Frequency of Lines, the U.S. ratified the 1988 Protocol Inspection, Alternate Hull Examination on July 1, 1991. Section 605 of the Coast Coast Guard Program for Certain Vessels, and Guard Authorization Act of 1996, Public Underwater Surveys for Passenger, Law 104–324, codified at Title 46 of the 46 CFR Parts 2, 30, 31, 52, 61, 71, 90, Nautical School, and Sailing School United States Code (U.S.C.) section 3307 91, 98, 107, 110, 114, 115, 125, 126, 132, Vessels’’ in the Federal Register (64 FR was amended to require vessel 133, 134, 167, 169, 175, 176, 188, 189, 62018). We received 49 letters inspections for certification once a year 195, and 199 commenting on the proposed rule. or once every 5 years, depending on [USCG±1999±4976] Several comments requested a public vessel type. Previously, vessels were hearing, mainly concerning the inspected for certification once a year, RIN 2115±AF73 provisions of the Alternate Hull or once every 2 or 3 years, depending Examination and Underwater Survey on vessel type. Frequency of Inspection Programs. We do not plan to hold a This rulemaking aligns the term of AGENCY: Coast Guard, DOT. public hearing on the frequency of validity for a Certificate of Inspection inspection requirements in this rule. ACTION: Final rule. (COI) and the type of inspections Background and Purpose required during the term of the COI with SUMMARY: The Coast Guard amends its the standards prescribed in the 1974 vessel inspection regulations to Our review of the comments to the SOLAS Convention. Adopting a 5-year introduce a 5-year Certificate of NPRM revealed strong public interest in COI, with interval annual inspections, Inspection cycle in accordance with the the Alternate Hull Examination and and a periodic inspection will ensure Coast Guard Authorization Act of 1996 Underwater Survey portions of this that U.S. vessels meet international to harmonize our inspections with most rulemaking. As a result of this public standards and comply with interest, we have decided to create a internationally required certificates. international law. These changes will new docket (USCG–2000–6858) entitled, This rulemaking is necessary for the also provide vessel owners and ‘‘Alternate Hull Examination Program following reasons: to align inspection operators with more flexibility to for Certain Passenger Vessels, and schedules with international protocols; schedule required inspections and Underwater Surveys for Passenger, to establish an examination process reduce paperwork associated with these Nautical School, and Sailing School giving industry additional latitude in inspections. Vessels,’’ and re-examine the provisions scheduling inspections; and to create a concerning the Alternate Hull Discussion of Comments and Changes parity between small passenger vessels Examination and Underwater Survey and all other Coast Guard-inspected The following is a summary of the programs. Comments to the NPRM vessels. The Coast Guard expects this comments we received concerning the concerning the Alternate Hull rule to result in a reduction in the time frequency of inspection section to the Examination and Underwater Survey and paperwork associated with Coast NPRM, and the changes made to the Programs will be included in the new Guard vessel inspections for docket. Therefore, you do not need to regulatory text in response to those certification. resubmit any comments already comments. DATES: This final rule is effective submitted to the NPRM. General February 4, 2000. This final rule only establishes a 5- (1) Six comments expressed support ADDRESSES: year Certificate of Inspection cycle to Comments and material for the Coast Guard initiative to bring received from the public, as well as harmonize our inspections with internationally required certificates. We certification and inspection documents mentioned in this preamble requirements in line with international as being available in the docket, are part are publishing the final rule to establish the frequency of inspection standards. Three comments pointed out of docket USCG–1999–4976 and are that the changes make good economic available for inspection or copying at requirements to meet the International Convention for the Safety of Life at Sea, sense and go a long way to eliminating the Docket Management Facility, U.S. inspection creep. Department of Transportation, room PL– 1974 and the International Convention (2) One comment stated that issuing 401, 400 Seventh Street SW., on Load Line compliance date of 5-year certificates will minimize the Washington, DC, between 9 a.m. and 5 February 3, 2000. number of vessels operating on p.m., Monday through Friday, except Frequency of Inspection temporary certificates and eliminate Federal holidays. You may also find this burdensome paperwork. docket on the Internet at http:// On October 31, 1988, the International dms.dot.gov. Maritime Organization (IMO) convened We envisioned a reduction in the use the International Conference on the of temporary certificates as a result of FOR FURTHER INFORMATION CONTACT: For Harmonized Systems of Survey and the changes in this rule. However, we questions on this rule, call Lieutenant Certification to adopt the Protocol of may initially have to issue COIs with a Commander Don Darcy, Office of 1988 relating to the International validity of less than 5 years to coincide Standards Evaluation and Development Convention for Safety of Life at Sea with the dates of the 5-year SOLAS and (G–MSR–2), Coast Guard, telephone (SOLAS), 1974, and the Protocol of 1988 the International Convention on Load 202–267–1200. For questions on relating to the International Convention Lines documents. viewing the docket, call Dorothy on Load Lines, 1966. By adopting these (3) Two comments stated that the 45- Walker, Chief, Dockets, Department of 1988 Protocols, IMO standardized the day comment period was too short and Transportation, telephone 202–366– term of validity for certificates and leaves the Coast Guard with little time 9329. intervals for vessel inspections required to evaluate public comment. One SUPPLEMENTARY INFORMATION: by the Conventions. These 1988 comment noted the short amount of Protocols will enter into force as time between the end of the comment Regulatory History international law on February 3, 2000. period and the February 3, 2000, On November 15, 1999, we published As party to the SOLAS Convention, and compliance date for international a notice of proposed rulemaking the International Convention on Load requirements.

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We agree that the 45-day comment Vessels with 2 or 3-year COIs, not boiler inspections every 2.5 years and period may have been too optimistic for required to have SOLAS certificates, would prevent an owner from selecting proposed changes concerning the will be issued a 5-year COI when their the third anniversary option for a Alternate Hull Examination and current COI expires and upon periodic inspection. Underwater Survey programs. For this completion of that inspection for In Table 61.05–10, Inspection reason, we are taking additional time to certification. Intervals for Boilers, footnote number 2 evaluate the provisions on these explains that an entry of 2.5 in the table programs. However, we have thoroughly Anniversary Date means ‘‘two tests or inspections must considered all comments for the (6) One comment suggested that a occur within any 5-year period, and no frequency of inspection provisions. We constant anniversary date will make more than 3 years may elapse between determined that harmonizing our harmonization with the new COI any test or inspection and its immediate inspections with internationally schedule and drydock dates very predecessor.’’ Footnote number 2 allows required certificates will lessen the difficult. The comment emphasizes that owners or operators to select the third burden and create greater flexibility for regulatory events should meld with the anniversary options for boiler industry. business cycle of vessels, which inspections. (4) One comment opposed the includes a credit drydock. The comment Inspection Creep extension of the inspection period for also requests the Coast Guard to clarify small passenger vessels. The comment whether a vessel will retain its (11) One comment recommended that recommended increasing frequency of anniversary date when it has been taken the Coast Guard should not grant a 3- inspections or providing better training out of service and then brought back month extension beyond the to Coast Guard inspectors. The comment into service. anniversary date without the approval suggests that increasing the period This rulemaking only affects the of the OCMI. The OCMI needs the between inspections reduces the time anniversary date of the COI to ability to disqualify substandard vessels inspectors are on the boats and harmonize with international standards. from automatic 3-month extensions. increases the risk of catastrophic failure. The vessel owner or operator should The 3-month extension is actually a 3- The changes in this rule will not discuss harmonizing drydock dates with month window on either side of the extend the inspection period. COIs when they speak with the OCMI to anniversary date for the annual or Inspections of vessels will continue to establish the COI anniversary date. For periodic inspections. This extension be conducted annually. Only the vessels taken out of service, their does not apply beyond the validity of issuance of the COI and term of validity anniversary date will not change unless the COI. In addition, the OCMI retains is being changed by this project. In their deactivation extends beyond the the authority to limit the operations or addition, annual inspections can be as validity of SOLAS, International require corrective action due to the extensive as the attending marine Convention on Load Lines, or condition of the vessel at anytime inspector deems necessary. Annual International Convention for the during the validity of the COI. inspections could be more extensive Prevention of Pollution from Ships (12) One comment suggested that, in due to the condition of the vessel or (MARPOL) certificates or COIs. order to completely eliminate problems found with the vessel. The inspection creep, the wording in issue of training for Coast Guard Applicability §§ 31.05–10, 91.01–10, 107.211, inspectors is outside the scope of this (7) One comment pointed out that oil 126.250, 169.207, and 189.01–10 should rulemaking. spill response vessels (OSRVs) and oil be changed to permit the new COI to be (5) One comment pointed out that the spill response barges are not included in dated ‘‘5 years from the date of the NPRM did not mention how the Coast the regulations. The comment previous COI,’’ instead of from the date Guard would phase-in the new recommended that these vessels be of inspection. inspection cycle. The comment asks addressed in some manner. We determined that the effect the whether all COI renewals after the OSRVs are inspected under proposed change in the comment would effective date of the final rule will subchapter I, Cargo and Miscellaneous keep vessels out of harmonization with reflect the new requirements. Vessels. The revisions to subchapter I in international standards. For vessels not A NVIC is being developed in this final rule apply to OSRVs. wishing to harmonize with the conjunction with this rulemaking to (8) One comment stated that the Coast international standards, their COIs will provide guidance on how to transition Guard should include offshore supply be dated 5 years from the date of the a vessel from the current survey and vessels (OSVs) into the regulations. previous COI. In order to harmonize certification system to the harmonized Offshore supply vessels are addressed with SOLAS certificates, the period of system. The date of introduction of the in 46 CFR subchapter L of the Coast validity will be based on the current harmonized system of survey and Guard’s regulations. This final rule COI date to eliminate inspection creep. certification for a specific U.S. flag amends the inspection and certification The flexibility of establishing an vessel should be agreed upon between requirements for OSVs in 46 CFR anniversary date is discussed in the the owner or operator and the cognizant 126.50, 126.420, 126.510, 126.520, and response to comment 5 and in a NVIC Officer in Charge, Marine Inspection 126.530. we are currently developing. (OCMI). This agreed upon date may be (13) Another comment recommended the date of drydocking or the date of Equipment and System Inspections that owners have a one-time repairs or renovation. In any case, the (9) Four comments pointed out the opportunity to ‘‘reset’’ the expiration date would not be later than the latest importance of aligning equipment and date by renewing the current COI early expiration date of the vessel’s SOLAS, system inspections with the 5-year or by requesting a period of validity of International Convention on Load Lines, inspection cycle. One comment stated less than 5 years on an initial COI. or International Convention for the that the alignment of pressure vessel We agree that a one-time opportunity Prevention of Pollution from Ships inspections with the 5-year inspection to ‘‘reset’’ the expiration date or to (MARPOL) certificates. (As of February for certification is a welcomed change. request a COI for less than 5-years will 3, 2000, MARPOL certificates will be (10) Three comments noted that in allow for harmonization and eliminate issued with a 5-year term of validity.) § 61.05–10 the regulations still require inspection creep. As previously stated,

VerDate 272000 14:22 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\09FER3.SGM pfrm03 PsN: 09FER3 6496 Federal Register / Vol. 65, No. 27 / Wednesday February 9, 2000 / Rules and Regulations the Coast Guard is developing policy disagree that vessels in the ACP and SIP Although this rulemaking restructures guidance in a NVIC on the transition programs should be allowed to avoid the inspection process, vessels will from the current survey and certification annual inspections. continue to be inspected once per year. system to the harmonized system. Potential benefits of changes made to (14) Two comments recommended Regulatory Evaluation load test for cranes include a reduction expressing the expiration date with the This rule is not a ‘‘significant in the burden placed on MODU owners. month and year only. One comment regulatory action’’ under section 3(f) of MODUs will load test their cranes every suggested that there is still a problem if Executive Order 12866 and does not five years instead of every four years. an operator renews a COI before the require an assessment of potential costs We estimate that the 132 MODUs will expiration date of the last COI. The new and benefits under section 6(a)(3) of that have an annual burden reduction of 1 date would still be earlier than the last Order. The Office of Management and hour 12 minutes per MODU for the next COI date. Budget has not reviewed it under that 20 years. MODUs usually contract a We disagree. The possibility of Order. It is not significant under the company to perform the load tests for inspection creep still exists with only regulatory policies and procedures of cranes. the month and year as the expiration the Department of Transportation (DOT) Small Entities date of the COI. (44 FR 11040; February 26, 1979). A Under the Regulatory Flexibility Act Mobile Offshore Drilling Units (MODUs) final Regulatory Evaluation under paragraph 10e of the regulatory policies (5 U.S.C. 601–612), we considered (15) One comment recommended that and procedures of DOT follows: whether this rule would have a the Coast Guard modify the inspection This rulemaking affects a total of significant economic impact on a interval of load tests for cranes in 10,973 vessels. Of these, 5,531 vessels substantial number of small entities. § 107.361 to 5 years to conform to IMO are required to change from a 2-year to The term ‘‘small entities’’ comprises and Coast Guard policy. a 5-year inspection interval. The small businesses, not-for-profit We agree that load tests for cranes following types of vessels have 2-year organizations that are independently should coincide with IMO and Coast certificates: freight barges, freight ships, owned and operated and are not Guard inspection intervals. Title 46 CFR mobile offshore drilling units (MODUs), dominant in their fields, and 107.260 contains the requirements for industrial vessels, oceanographic governmental jurisdictions with the load test for cranes. We are research vessels, offshore supply populations of less than 50,000. amending 46 CFR 107.260(c)(2) to vessels, sailing school vessels, seagoing This rule does not increase costs to extend the interval for the load test for towing vessels, tank barges, and tank any of the affected vessels and, cranes from 48 months to 60 months. ships. The remaining vessels (5,442) are therefore, does not increase cost to small entities. We estimate this rule slightly Periodic Inspections small passenger vessels that will change from a 3-year to a 5-year inspection reduces their burden by requiring less (16) One comment recommended that interval. time expended on inspections. The the Coast Guard eliminate periodic Potential benefits of the frequency of anticipated benefits of this rulemaking inspections and require four annual inspection changes include— to small entities are as follows: inspections during each 5-year cycle for • Requiring a COI certificate once • COI. The comment also noted that A harmonized inspection system every 5 years instead of every 2 or 3 periodic inspections are not required by enabling vessel owners and operators to years reduces the collection-of- SOLAS or U.S. law. receive their COI, SOLAS certificates, information burden for all portions of We disagree. Period inspections are and Load Line Certificates the affected populations of the industry, part of the SOLAS system and the newly simultaneously; including small entities. We determined • adopted 1988 protocols. Periodic Increased flexibility for vessel that this rule reduces the collection-of- inspections are an integral part of owners and operators by establishing up information burden over a 30-year standardizing the term of validity for to a 3 month window on either side of period. certificates and intervals for vessel the COI anniversary date in which to • The inspection cycle aligns better inspections required by the IMO. conduct inspections; and with international standards, enabling • A reduction in the burden placed vessel owners and operators to complete Streamlined Inspection Program (SIP) on vessel owners decreasing the time several major inspections and surveys at and Alternate Compliance Program expended on required inspections. For the same time. This allows small (ACP) the next 30 years, we estimate an annual businesses to reduce their inspection (17) Six comments noted that the burden reduction of 35 minutes per cost and increase their productivity. NPRM did not discuss the impact of the vessel for those in the previous 2-year • Requiring annual inspections that proposed changes on the Alternate COI cycle, and for vessels with previous are less time consuming reduces the Compliance Program (ACP) and the 3-year COIs we expect an annual burden number of total inspection hours per Streamlined Inspection Program (SIP). reduction of 13.5 minutes per vessel. vessel. The purpose of annual These comments requested that the We considered whether this rule inspections is to examine specific areas Coast Guard clarify how the proposed would have an impact on the currently of concern on vessels between the COI rule would impact vessels in the SIP assessed annual vessel inspection fees. and periodic inspections. and ACP programs. One comment The Coast Guard considers the impact to • The inspection cycle for small recommended that vessels enrolled in be minimal; and therefore, will have a passenger vessels (changing from a 3- these programs should not be required negligible effect on the annual vessel year to a 5-year inspection for to undergo annual inspections, only the inspection fee schedule. Accordingly, certification interval) will not include a inspection for certification. this rule does not change annual vessel periodic inspection. After careful Vessels enrolled in the ACP and SIP inspection fees. However, we will consideration, we determined that programs will be able to have a third initiate a rulemaking later this year that periodic inspections for small passenger party complete their inspections. The will reassess annual vessels inspection vessels increase industry’s burden for changes in this rule will have no effect fees, and will account for all market each inspection by an estimated 7 on the ACP and SIP program. We condition changes. minutes per vessel annually. Therefore,

VerDate 272000 14:22 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\09FER3.SGM pfrm03 PsN: 09FER3 Federal Register / Vol. 65, No. 27 / Wednesday February 9, 2000 / Rules and Regulations 6497 the rule only requires COI and annual necessary for the initial planning and Proposed Use of Information: The inspections, reducing the inspection scheduling of inspection. Coast Guard uses the inspection for burden from for all small passenger Description of the Respondents: This certification to evaluate the condition of vessels. rule affects respondents who previously a specific vessel and to ensure it is fit Therefore, the Coast Guard certifies had 2- or 3-year inspection intervals for for the service for which it is intended. under 5 U.S.C. 605(b) that this final rule their vessel’s Certificate of Inspection The COI attests to that fitness. will not have a significant economic (COI). This rule implements a 5-year Description of the Respondents: This impact on a substantial number of small inspection interval. Previous 2-year COI rule affects respondents who currently entities. vessel classes include freight barges, have 2-year and 3-year COI interval. The freight ships, industrial vessels, mobile rule implements a 5-year inspection Assistance for Small Entities offshore drilling units, oceanographic interval. Previous 2-year COI vessel Under section 213(a) of the Small research vessels, offshore supply classes include freight barges, freight Business Regulatory Enforcement vessels, seagoing tows, tank barges, and ships, industrial vessels, MODUs, Fairness Act of 1996 (Pub. L. 104–121), tank ships. Previous 3-year COI vessel oceanographic research vessels, offshore we offered to assist small entities in classes include small passenger vessels. supply vessels, seagoing tows, tank understanding the rule so that they Number of Respondents: The barges, and tank ships. Previous 3-year could better evaluate its effects on them regulation affects 10,973 respondents COI vessel classes include small and participate in the rulemaking. that currently have 2- or 3-year passenger vessels. Small businesses may send comments inspection intervals. Number of Respondents: The on the actions of Federal employees Frequency of Response: Vessel owners regulation affects 10,973 respondents who enforce, or otherwise determine need to respond once per COI period. that currently have 2- or 3-year compliance with, Federal regulations to Completing and mailing the application inspection intervals. the Small Business and Agriculture constitutes a response. The Coast Guard Frequency of Response: Vessel owners Regulatory Enforcement Ombudsman anticipates that 2,195 vessels per year need to respond once per COI period. and the Regional Small Business will get new COIs under the new 5-year The posting of the certificate constitutes Regulatory Fairness Boards. The inspection interval (10,973 respondents a response. The Coast Guard anticipates Ombudsman evaluates these actions affected by this rule/5 years). that 2,195 vessels will get new COIs per annually and rates each agency’s Burden of Response: The annual hour year under the new 5-year inspection responsiveness to small business. If you burden created by the posting of COIs interval (10,973 respondents/5 years). wish to comment on actions by for vessels with 5-year COIs is 549 hours Burden of Response: The estimated employees of the Coast Guard, call 1– (2,195 COI/Year × 0.25 hours). We annual hour burden created by this regulation is 1,098 hours (2,195 COI per 888–REG–FAIR (1–888–734–3247). expect operators to need 15 minutes at × most to complete and mail the year 0.5 hours). We expect operators Collection of Information application. to need 30 minutes to post the certificate on each ship. This rule calls for two collections of Estimate of Total Annual Burden: The Estimate of Total Annual Burden: The information under the Paperwork annual burden attributed to this annual burden attributed to this Reduction Act of 1995 (44 U.S.C. 3501– collection for vessels with a 5-year COI rulemaking is $43,920 (1,098 hours 3520). The information collection is $21,960 (549 hours × the private times the private industry wage rate of requirements of the rule are addressed industry wage rate of $40 per hour). in the previously approved OMB $40 per hour). Public Comments on Collection of collections 2115–0007 and 2115–0133. OMB Collection 2115–0133 Information: As required by 44 U.S.C. Title: Various Forms and Posting OMB Collection 2115–0007 3507(d), we have submitted a copy of Requirements Under Title 46 CFR this rule to the Office of Management Title: Application for Vessel Concerning Vessel Inspections. Inspection and Waiver. and Budget (OMB) for its review of the Summary of the Collection of collection of information. The sections Summary of the Collection of Information: This rule requires vessel are 46 CFR 31.01–15, 31.05–10, 91.01– Information: The rule requires vessel owners and operators to change the 10, 91.25–5, 107.211, 115.107, 126.250, owners and operators to change the frequency in which they post COIs on 126.420, 169.205, 169.207, 176.107, frequency in which they send an vessels. This change revises and amends 189.01–10, and 189.25–5 46; and the ‘‘Application for Inspection of U.S. the previously approved OMB corresponding approval numbers from Vessel (CG–3752)’’. These changes Collection 2115–0133. OMB are OMB Control Numbers 2115– revise the previously approved OMB This collection of information is 0007 and 2115–0133. Collection 2115–0007. This collection of affected by the changes in the following You are not required to respond to a information is affected by changes in the sections: 46 CFR 31.05–10, 91.01–10, collection of information unless it following sections: 46 CFR 31.01–15, 107.211, 115.107, 126.250, 169.207, displays a currently valid OMB control 91.25–5, 126.420, 169.205, and 189.25– 176.107, and 189.01–10. number. 5. Need for Information: This Need for Information: This rulemaking reduces the paperwork Federalism rulemaking reduces the paperwork burden for affected vessels. Vessel We have analyzed this rule under E.O. burden for affected vessels. Vessel owners or operators will renew 13132 and have determined that it does owners or operators are required to send Certificates of Inspection once every 5 not have implications for federalism an application (CG–3752) to schedule an years, rather than every 2 or 3 years. An under that Order. inspection for renewal of a Certificate of application for a Certificate of Inspection once every 5 years, rather Inspection is necessary to allow a Coast Unfunded Mandates Reform Act than every 2 or 3 years. Guard inspector to evaluate the The Unfunded Mandates Reform Act Proposed Use of Information: The condition of a specific vessel and to of 1995 (2 U.S.C. 1531–1538) requires application provides the Coast Guard ensure it is fit for the service for which Federal agencies to assess the effects of with basic vessel information which is it is intended. their regulatory actions not specifically

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Though this rule will not Reporting and recordkeeping Oil and gas exploration, Provisions for result in such an expenditure, we do requirements, Vessels. discuss the effects of this rule elsewhere liftboats, Vessels. 46 CFR Part 71 in this preamble. 46 CFR Part 167 Taking of Private Property Marine safety, Passenger vessels, Fire prevention, Marine safety, Reporting and recordkeeping Reporting and recordkeeping This rule will not effect a taking of requirements. requirements, Schools, Seamen, Vessels. private property or otherwise have 46 CFR Part 90 taking implications under E.O. 12630, 46 CFR Part 169 Governmental Actions and Interference Cargo vessels, Marine safety. Fire prevention, Marine safety, with Constitutionally Protected Property 46 CFR Part 91 Reporting and recordkeeping Rights. requirements, Schools, Vessels. Cargo vessels, Marine safety, Civil Justice Reform Reporting and recordkeeping 46 CFR Part 175 This rule meets applicable standards requirements. Marine safety, Passenger vessels, in sections 3(a) and 3(b)(2) of E.O. 46 CFR Part 98 Reporting and recordkeeping 12988, Civil Justice Reform, to minimize requirements. Cargo vessels, Hazardous materials litigation, eliminate ambiguity, and transportation, Marine safety, Reporting 46 CFR Part 176 reduce burden. and recordkeeping requirements, Water Fire prevention, Marine safety, Protection of Children pollution control. Passenger vessels, Reporting and recordkeeping requirements. We have analyzed this rule under E.O. 46 CFR Part 107 13045, Protection of Children from Marine safety, Oil and gas 46 CFR Part 188 Environmental Health Risks and Safety exploration, Reporting and Marine safety, Oceanographic Risks. This rule is not an economically recordkeeping requirements, Vessels. research vessels. significant rule and does not concern an environmental risk to health or risk to 46 CFR Part 110 46 CFR Part 189 safety that may disproportionately affect Reporting and recordkeeping Marine safety, Oceanographic children. requirements, Vessels. research vessels, Reporting and recordkeeping requirements. Environment 46 CFR Part 114 46 CFR Part 195 This rule deals exclusively with Marine safety, Passenger vessels, changing inspection intervals and Reporting and recordkeeping Marine Safety, Navigation (water), providing voluntary dry-docking requirements. Oceanographic research vessels. alternatives for certain passenger 46 CFR Part 115 46 CFR Part 199 vessels. We considered the Fire prevention, Marine safety, Cargo vessels, Marine safety, Oil and environmental impact of this rule and gas exploration, Passenger vessels. concluded that under figure 2–1, Passenger vessels, Reporting and paragraph (34)(d), of Commandant recordkeeping requirements. For the reasons discussed in the preamble, the Coast Guard amends 46 Instruction M16475.1C, this rule is 46 CFR Part 125 categorically excluded from further CFR parts 2, 30, 31, 52, 61, 71, 90, 91, Administrative practice and environmental documentation. A 98, 107, 110, 114, 115, 125, 126, 132, procedure, Authority delegation, ‘‘Categorical Exclusion Determination’’ 133, 134, 167, 169, 175, 176, 188, 189, Hazardous materials transportation, is available in the docket where 195, and 199 as follows: Marine safety, Offshore supply vessels, indicated under ADDRESSES. Oil and gas exploration, Vessels. PART 2ÐVESSEL INSPECTIONS List of Subjects 46 CFR Part 126 1. Revise the authority citation for part 2 to read as follows: 46 CFR Part 2 Authority delegation, Hazardous materials transportation, Marine safety, Authority: 33 U.S.C. 1903; 43 U.S.C. 1333; Marine safety, Reporting and 46 U.S.C. 3103, 3205, 3306, 3307, 3703; E.O. recordkeeping requirements, Vessels. Offshore supply vessels, Oil and gas exploration, Reporting and 12334, 45 FR 58801, 3 CFR, 1980 Comp., p. 46 CFR Part 30 277; 49 CFR 1.46; subpart 2.45 also issued recordkeeping requirements, Vessels. under the authority of Act Dec. 27, 1950, Ch. Cargo vessels, Foreign relations, 46 CFR Part 132 1155, secs. 1, 2, 64 Stat. 1120 (see 46 U.S.C. App. note prec. 1). Hazardous materials transportation, Fire prevention, Hazardous materials Penalties, Reporting and recordkeeping transportation, Marine safety, Offshore § 2.01±3 [Amended] requirements, Seamen. supply vessels, Oil and gas exploration, 2. In § 2.01–3(a), remove the words, 46 CFR Part 31 Vessels. ‘‘, but less than 60 days,’’. Cargo vessels, Marine safety, 46 CFR Part 133 § 2.01±5 [Amended] Reporting and recordkeeping Marine safety, Occupational safety 3. In § 2.01–5(a), remove paragraphs requirements. and health, Oil and gas exploration, (a)(3) and (4).

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§ 2.01±8 [Amended] PART 31ÐINSPECTION AND 13. Revise § 31.10–17 to read as 4. In § 2.01–8(b), remove ‘‘§ 176.35–1’’ CERTIFICATION follows: and add, in its place, ‘‘§§ 115.900 and § 31.10±17 Annual and periodic 176.900’’. 8. Revise the authority citation for part 31 to read as follows: inspectionsÐTB/ALL. 5. In § 2.01–25— Authority: 33 U.S.C. 1321(j); 46 U.S.C. (a) Annual inspection. Your vessel a. Remove paragraph (a)(1)(v) and 2103, 3205, 3306, 3307, 3703; 49 U.S.C. 5103, must undergo an annual inspection redesignate paragraphs (a)(1)(vi) through 5106; E.O. 12234, 45 FR 588013 CFR, 1980 within 3 months before or after each (viii) as paragraphs (a)(1)(v) through Comp., p. 277; E.O. 12777, 56 FR 54757, 3 anniversary date, except as specified in (vii), respectively; CFR, 1991 Comp., p. 351; 49 CFR 1.46. paragraph (b) of this section. b. In paragraph (b)(1), immediately Section 31.10–21 also issued under the (1) You must contact the cognizant following the words ‘‘subchapter I authority of Sect. 4109, Pub. L. 101–380, 104 OCMI to schedule an inspection at a (Cargo and Miscellaneous Vessels),’’ add Stat. 515. time and place which he or she the words ‘‘subchapter K (Small § 31.01±1 [Amended] approves. No written application is Passenger Vessels Carrying more than required. 9. In § 31.01–1(a), remove the words 150 Passengers or with overnight (2) The scope of the annual inspection ‘‘biennially, annually,’’ and add, in their accommodations for more than 49 is the same as the inspection for place, the words ‘‘every 5 years’’. Passengers), subchapter L (Offshore certification but in less detail unless the 10. In § 31.01–15, revise the section Supply Vessels),’’; and cognizant marine inspector finds heading and paragraph (a) to read as deficiencies or determines that a major c. Revise paragraphs (a)(4), (b)(2), follows: (e)(2), and (f) to read as follows: change has occurred since the last § 31.01±15 Application for a Certificate of inspection. If deficiencies are found or § 2.01±25 International Convention for InspectionÐTB/ALL. a major change to the vessel has Safety of Life at Sea, 1974. (a) You must submit a written occurred, the marine inspector will (a) * * * application for an inspection for conduct an inspection more detailed in (4) The Federal Communications certification to the cognizant OCMI. To scope to ensure that the vessel is in Commission will issue the following renew a Certificate of Inspection, you satisfactory condition and fit for the certificates: must submit an application at least 30 service for which it is intended. If your (i) Cargo Ship Safety Radio Certificate. days before the expiration of the tank vessel passes the annual inspection, the (ii) Exemption Certificate. vessel’s current Certificate of Inspection. marine inspector will endorse your When renewing a Certificate of vessel’s current Certificate of Inspection. * * * * * Inspection, you must schedule an (3) If the annual inspection reveals (b) * * * inspection for certification within the 3 deficiencies in your vessel’s (2) For vessels other than passenger months before the expiration date of the maintenance, you must make any or all vessels, you must contact the local current Certificate of Inspection. repairs or improvements within the time office of the Federal Communications * * * * * period specified by the OCMI. Commission to apply for the inspection 11. In Section 31.05–10, revise the (4) Nothing in this subpart limits the concerning the issuance of a Cargo Ship marine inspector from conducting such Safety Radio Certificate. section heading and paragraph (a) to read as follows: tests or inspections he or she deems * * * * * necessary to be assured of the vessel’s (e) * * * § 31.05±10 Period of validity for a seaworthiness. (2) The Federal Communications Certificate of InspectionÐTB/ALL. (b) Periodic inspection. Your vessel Commission issues the Exemption (a) A Certificate of Inspection is valid must undergo a periodic inspection Certificate, which modifies the Cargo for 5 years. within 3 months before or after the Ship Safety Radio Certificate. * * * * * second or third anniversary of the date (f) Availability of Certificates. The 12. In § 31.10–15, revise paragraph (a) of your vessel’s Certificate of Inspection. Convention certificates must be on and add paragraph (c) to read as follows: This periodic inspection will take the board the vessel and readily available place of an annual inspection. for examination at all times. § 31.10±15 Inspection for CertificationÐ (1) You must contact the cognizant TB/ALL. OCMI to schedule an inspection at a * * * * * (a) After receiving an application for time and place which he or she PART 30ÐGENERAL PROVISIONS inspection, the OCMI will inspect a tank approves. No written application is vessel in his or her jurisdiction once required. 6. Revise the authority citation for every 5 years. The OCMI will ensure (2) The scope of the periodic part 30 to read as follows: that every tank vessel is of a structure inspection is the same as that for the suitable for the carriage of flammable inspection for certification, as specified Authority: 46 U.S.C. 2103, 3306, 3307, and/or combustible liquids in bulk and 3703; 49 U.S.C. 5103, 5106; 49 CFR 1.45, in § 31.10–15(b). The OCMI will ensure 1.46; Section 30.01–2 also issued under the for the proper grade or grades of cargo that the vessel is in satisfactory authority of 44 U.S.C. 3507; Section 30.01– the vessel carries while in service. If the condition and fit for the service for 5 also issued under the authority of Sec. OCMI deems it necessary, he or she may which it is intended. If your vessel 4109, Pub. L. 101–380, 104 Stat. 515. direct the vessel to be put in motion, passes the periodic inspection, the 7. Add § 30.10–2a to read as follows: and may adopt any other suitable means marine inspector will endorse your to test the tank vessel and its vessel’s current Certificate of Inspection. § 30.10±2a Anniversary dateÐTB/ALL. equipment. (3) If the periodic inspection reveals The term anniversary date means the * * * * * deficiencies in your vessel’s day and the month of each year, which (c) If the vessel passes the inspection maintenance, you must make any or all corresponds to the date of expiration of for certification, the OCMI will issue a repairs or improvements within the time the Certificate of Inspection. new Certificate of Inspection. period specified by the OCMI.

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(4) Nothing in this subpart limits the (1) A Cargo Ship Safety Construction exchangers, hydraulic accumulators, marine inspector from conducting such Certificate. and all pressure vessels used in tests or inspections he or she deems (2) A Cargo Ship Safety Equipment refrigeration service. necessary to be assured of the vessel’s Certificate. (3) No more than 3 years may elapse seaworthiness. (3) A Safety Management Certificate. between any examination and its 14. Add § 31.10–17a to read as (4) A Cargo Ship Safety Radio immediate predecessor. follows: Certificate. * * * * * (b) An Exemption certificate must not (h) Pneumatic tests. § 31.10±17a Certificate of Inspection: be valid for longer than the period of the (1) Pressure vessels that were Conditions of validity. certificate to which it refers. pneumatically tested before being To maintain a valid Certificate of (c) A Convention certificate may be stamped with the Coast Guard Symbol Inspection, you must complete your withdrawn, revoked, or suspended at must be examined internally twice annual and periodic inspections within any time when it is determined that the every 5 years and examined externally the periods specified in § 31.10–17 (a) vessel is no longer in compliance with at each Inspection for Certification. No and (b) and your Certificate of applicable requirements. (See § 2.01–70 more than 3 years may elapse between Inspection must be endorsed. of this chapter for procedures governing any external examination and its appeals.) immediate predecessor. § 31.10±18 [Amended] (2) For tanks whose design precludes 15. In § 31.10–18— PART 52ÐPOWER BOILERS a thorough internal or external a. In paragraph (d), remove the words examination, the thickness must be ‘‘biennially by’’ and add, in their place, 20. Revise the authority citation for determined by a nondestructive method the words ‘‘at the inspection for part 52 to read as follows: acceptable to the Officer in Charge, certification and the periodic inspection Authority: 46 U.S.C. 3306, 3307, 3703; Marine Inspection. by’’ and remove the words ‘‘Prior to the E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., (3) If (due to the product carried) your biennial inspection’’ and add, in their p. 277; 49 CFR 1.46. vessel’s inspection intervals are place, the words ‘‘Before the inspection § 52.01±50 [Amended] prescribed in subchapter D (Tank for certification and periodic Vessels), subchapter I (Cargo and inspection’’; 21. § 52.01–50(k)(1), immediately Miscellaneous Vessels), or subchapter I– b. In paragraph (e), immediately following the words ‘‘inspection for A (Mobile Offshore Drilling Units), you following the words ‘‘inspection for certification’’ add the words ‘‘, periodic must comply with the pneumatic test certification’’ add the words ‘‘, periodic inspection’’. regulations there, instead of the ones in inspection,’’; and this section. c. In paragraph (h), immediately PART 61ÐPERIODIC TESTS AND (i) Safety or relief valves on pressure following the words ‘‘inspection for INSPECTIONS vessels. certification’’ add the words ‘‘, periodic (1) If your vessel’s Certificate of 22. Revise the authority citation for inspection,’’. Inspection is renewed annually, the part 61 to read as follows: marine inspector must check the § 31.40±1 [Amended] Authority: 43 U.S.C. 1333; 46 U.S.C. 2103, settings of the safety or relief valves on 16. In § 31.40–1, immediately 3306, 3307, 3703; E.O. 12234, 45 FR 58801, all pressure vessels, except cargo tanks, following the words ‘‘international 3 CFR 1980 Comp., p. 277; 49 CFR 1.46. at each inspection for certification. voyage.’’ add the words ‘‘(See § 30.01– § 61.05±10 [Amended] (2) If your vessel’s Certificate of 6 of this chapter.)’’. Inspection is renewed less often than 23. In § 61.05–10, in Table 61.05–10, 17. Revise § 31.40–15 to read as annually, the marine inspector must remove the letters ‘‘COI’’, wherever they follows: check the settings of the safety or relief appear, and add, in their place, the valves on all pressure vessels, except § 31.40±15 Cargo Ship Safety Radio number ‘‘2.5’’; and, in Table 61.05–10, cargo tanks, twice every 5 years. No CertificateÐT/ALL. in footnote number 1, remove the words more than 3 years may elapse between Every tankship equipped with a radio ‘‘; where COI is used, the intervals any check and its immediate installation on an international voyage coincide with the applicable vessel’s predecessor. must have a Cargo Ship Safety Radio inspection for certification’’. (3) Cargo tank safety or relief valves Certificate. Each radio installation must 24. In § 61.10–5, revise paragraphs (c), must be checked at the interval required meet the requirements of the Federal (h), and (i) to read as follows: in subchapter D (Tank Vessels) or Communication Commission and the subchapter I (Cargo and Miscellaneous International Convention for Safety of § 61.10±5 Pressure vessels in service. Vessels) of this chapter. Life at Sea. * * * * * § 61.15±5 [Amended] 18. Revise § 31.40–35 to read as (c) Special purpose vessels. follows: (1) If your vessel’s Certificate of 25. In § 61.15–5(c), immediately Inspection is renewed annually, the following the words ‘‘inspection for § 31.40±35 Availability of Certificates. following must be examined under certification’’ add the words ‘‘for vessels The Convention certificates shall be operating conditions at each inspection whose Certificates of Inspection are on board the vessel and readily for certification: all tubular heat renewed each year. For other vessels, available for examination at all times. exchangers, hydraulic accumulators, the setting must be checked twice 19. Revise § 31.40–40 to read as and all pressure vessels used in within any 5-year period, and no more follows: refrigeration service. than 3 years may elapse between any (2) If your vessel’s Certificate of check and its immediate predecessor’’. § 31.40±40 Duration of Convention Inspection is renewed less often than certificatesÐT/ALL. annually, the following must be § 61.15±10 [Amended] (a) The following certificates are valid examined under operating conditions 26. In § 61.15–10(a), remove the for a period of not more than 60 months. twice every 5 years: all tubular heat words ‘‘and at each inspection for

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In § 61.15–12(a), immediately 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46. may require any tests necessary to following the words ‘‘inspection for determine the condition of the certification’’ add the words ‘‘and §§ 90.10±1 and 90.10±2 [Redesignated as equipment. The inspector will periodic inspection’’. §§ 90.10±2 and 90.10±3] determine if the tests and inspections 28. Revise § 61.20–1(a) to read as 35. Redesignate §§ 90.10–1 and 90.10– required by § 91.15–60 of this follows: 2 as §§ 90.10–2 and 90.10–3 respectively subchapter have been conducted. At and add § 90.10–1 to read as follows: each inspection for certification and § 61.20±1 Steering gear. periodic inspection, the inspector will (a) The marine inspector must inspect § 90.10±1 Anniversary date. check fire-extinguishing equipment the steering gear at each inspection for The term anniversary date means the with the following tests and inspections: certification for vessels whose day and the month of each year, which * * * * * Certificate of Inspections are renewed corresponds to the date of expiration of each year. For other vessels, the marine the Certificate of Inspection. § 91.25±25 [Amended] inspector must inspect the steering gear 40. In § 91.25–25(a), immediately twice within a 5-year period, and no PART 91ÐINSPECTION AND following the words ‘‘inspection for more than 3 years may elapse between CERTIFICATION certification’’ add the words ‘‘and any inspection and its immediate periodic inspection’’. predecessor. The marine inspector may 36. Revise the authority citation for inspect the steering gear more often, if part 91 to read as follows: § 91.25±38 [Amended] necessary. Authority: 33 U.S.C. 1321(j); 46 U.S.C. 41. In § 91.25–38, immediately * * * * * 3205, 3306, 3307; E.O. 12234; 45 FR 58801; following the words ‘‘inspection for 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 certification’’ add the words ‘‘and § 61.20±3 [Amended] FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR periodic inspection’’. 29. In § 61.20–3, in paragraph (a), 1.46. immediately following the words § 91.25±40 [Amended] § 91.01±10 [Amended] ‘‘inspection for certification’’ add the 42. In § 91.25–40, immediately words ‘‘and periodic inspection’’; and, 37. In § 91.01–10— following the words ‘‘inspection for in paragraph (b), immediately following a. In the section heading, immediately certification’’ add the words ‘‘and the words ‘‘inspection for certification’’ following the word ‘‘validity’’ add the periodic inspection’’. add the words ‘‘and periodic words ‘‘for a Certificate of Inspection’’; inspection’’. § 91.25±45 [Amended] b. In paragraph (a), remove the words 43. In § 91.25–45, immediately ‘‘periods of either 1 or 2 years’’ and add, § 61.30±15 [Amended] following the words ‘‘inspection for in their place, the words ‘‘a period of 5 30. In § 61.30–15, immediately certification’’ add the words ‘‘and years’’; and following the words ‘‘inspection for periodic inspection’’. certification’’ add the words ‘‘, periodic c. In paragraph (c)(2), remove the inspection’’. words ‘‘2 years’’ and add, in their place, Subpart 91.27ÐAnnual and Periodic the words ‘‘5 years’’. Inspections § 61.30±20 [Amended] 38. Revise § 91.25–5 to read as 44. In subpart 91.27, revise the 31. In § 61.30–20, immediately follows: subpart heading to read as set forth following the words ‘‘inspection for above. certification’’ add the words ‘‘, periodic § 91.25±5 Application for a Certificate of inspection’’. Inspection. 45. Revise § 91.27–1 to read as You must submit a written follows: PART 71ÐINSPECTION AND application for an inspection for § 91.27±1 Annual and periodic CERTIFICATION certification to the cognizant Officer in inspections. Charge, Marine Inspection. To renew a (a) Annual inspection. Your vessel 32. Revise the authority citation for Certificate of Inspection, you must part 71 to read as follows: must undergo an annual inspection submit an application at least 30 days within the 3 months before or after each Authority: 33 U.S.C. 1321(j); 46 U.S.C. before the expiration of the tank vessel’s anniversary date, except as required in 2113, 3205, 3306, 3307; E.O. 12234, 45 FR current certificate. You must use Form 58801, 3 CFR, 1980 Comp., p. 277; E.O. paragraph (b) of this section. CG–3752, Application for Inspection of (1) You must contact the cognizant 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. U.S. Vessel, and submit it to the Officer 351; 49 CFR 1.46. Officer in Charge, Marine Inspection to in Charge, Marine Inspection at, or schedule an inspection at a time and 33. Add § 71.25–5(b) to read as nearest to, the port where the vessel is follows: place which he or she approves. No located. When renewing a Certificate of written application is required. § 71.25±5 When made. Inspection, you must schedule an (2) The scope of the annual inspection * * * * * inspection for certification within the 3 is the same as the inspection for (b) You must submit your application months before the expiration date of the certification as specified in § 91.25–10 for the annual inspection at least 30 current Certificate of Inspection. but in less detail unless the cognizant days before your current certificate of 39. Revise § 91.25–20(a) introductory marine inspector finds deficiencies or inspection expires. text to read as follows: determines that a major change has

VerDate 272000 14:22 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\09FER3.SGM pfrm03 PsN: 09FER3 6502 Federal Register / Vol. 65, No. 27 / Wednesday February 9, 2000 / Rules and Regulations occurred since the last inspection. If § 91.27±10 [Removed] for the 3 month period before and after deficiencies are found or a major change 47. Remove § 91.27–10. each anniversary date. to the vessel has occurred, the marine 48. Revise § 91.27–13 to read as (c) If authorization is granted, the inspector will conduct an inspection follows: officer in Charge, Marine Inspection more detailed in scope to ensure that must provide the applicant written the vessel is in satisfactory condition § 91.27±13 Alternative annual inspection authorization to proceed with the and fit for the service for which it is for offshore supply vessels less than 400 alternative annual inspection, including intended. If your vessel passes the gross tons in foreign ports. special instructions when appropriate. annual inspection, the marine inspector (a) The owner or operator of an (d) The following conditions must be will endorse your current Certificate of offshore supply vessel of less than 400 met for the alternative annual Inspection. gross tons, except liftboats as defined in inspection to be accepted by the Coast (3) If the annual inspection reveals § 90.10–20 of this chapter, may request Guard in lieu of conducting an annual deficiencies in your vessel’s authorization to conduct an alternative inspection in accordance with § 91.27– maintenance, you must make any or all annual inspection in place of the annual 1(a) of this subpart. (1) The alternative annual inspection repairs or improvements within the time inspection described in § 91.27–1(a) of must be conducted within 3 months period specified by the Officer in this chapter. You must submit your before and after each anniversary date. Charge, Marine Inspection. request to the Officer in Charge, Marine Inspection responsible for conducting (2) The alternative annual inspection (4) Nothing in this subpart limits the inspections in the country in which the must be of the scope detailed in § 91.27– marine inspector from conducting such vessel is operating and will be 1(a) of this subpart and must be tests or inspections he or she deems examined. To qualify for the alternative conducted by the vessel’s master, necessary to be assured of the vessel’s annual inspection, you must meet the operator, or a designated representative seaworthiness. following requirements: of the owner or operator. (b) Periodic inspection. Your vessel (1) The request for authorization must (3) Upon completion of the alternative must undergo a periodic inspection be in writing and received by the annual inspection, the person or within 3 months before or after the cognizant Officer in Charge, Marine persons conducting the inspection must second or third anniversary of the date Inspection before the end of the twelfth prepare a comprehensive report of your vessel’s Certificate of Inspection. month of each COI anniversary year. describing the conditions found. This This periodic inspection will take the (2) The vessel is expected to be inspection report must contain place of an annual inspection. continuously employed outside of the sufficient detail to allow an evaluation (1) You must contact the cognizant United States during the 3 months to be made by the Officer in Charge, Officer in Charge, Marine Inspection to before and after each anniversary date of Marine Inspection to whom the report is schedule an inspection at a time and the issuance of the COI. submitted that the vessel is fit for the place which he or she approves. No (b) In determining whether to grant service and route specified on the written application is required. authorization for the alternative annual certificate of inspection. The report (2) The scope of the periodic inspection, the Officer in Charge, must include reports and receipts inspection is the same as that for the Marine Inspection will consider the documenting the servicing of lifesaving inspection for certification, as specified following: and fire protection equipment, and any in § 91.25–10. The Officer in Charge, (1) Information contained in previous photographs or sketches necessary to Marine Inspection will insure that the inspection and drydock examination clarify unusual circumstances. Each vessel is in satisfactory condition and fit reports, including the Officer in Charge, person preparing the report must sign it for the service for which it is intended. Marine Inspection’s recommendation and certify that the information If your vessel passes the periodic for participation in the alternative contained therein is complete and inspection, the marine inspector will midperiod examination program, and accurate. (4) Unless the vessel’s master endorse your current Certificate of the alternative annual inspection participated in the alternative annual Inspection. program. inspection and the preparation of the (3) If the periodic inspection reveals (2) The nature, number, and severity of any marine casualties or accidents, as inspection report, the master must deficiencies in your vessel’s review the report for completeness and maintenance, you must make any or all defined in § 4.03–1 of this chapter, which the vessel has experienced in the accuracy. The master must sign the repairs or improvements within the time report to indicate review and forward it period specified by the Officer in last 3 years. (3) The nature, number, and severity to the vessel’s owner or operator who Charge, Marine Inspection. of any outstanding inspection requested authorization to conduct the (4) Nothing in this subpart limits the requirements for the vessel. inspection. marine inspector from conducting such (4) The owner or operator’s history of (5) The owner or operator of an tests or inspections he or she deems compliance and cooperation in the offshore supply vessel inspected under necessary to be assured of the vessel’s alternative midperiod examination this subpart must review and submit the seaworthiness. program and the alternative annual report required by paragraph (d)(3) of 46. Revise § 91.27–5 to read as inspection program, which includes— this section to the Officer in Charge, follows: (i) The prompt correction of Marine Inspection who authorized the deficiencies; owner or operator to conduct the § 91.27±5 Certificate of Inspection: (ii) The reliability of previously alternative annual inspection. The Conditions of validity. submitted alternative examination and inspection report must be received by To maintain a valid Certificate of annual inspection reports; and the cognizant Officer in Charge, Marine Inspection, you must complete your (iii) The reliability of representations Inspection before the first day of the annual and periodic inspections within that the vessel under consideration will fifth month following the anniversary the periods specified in § 91.27–1 (a) be, and other vessels previously date. The forwarding letter or and (b) and your Certificate of examined under this section were, endorsement must be certified and Inspection must be endorsed. employed outside of the United States contain the following information—

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(i) That the person or persons who with paragraph (g) of this section, that PART 98ÐSPECIAL CONSTRUCTION, conducted the inspection acted on the alternative annual inspection is not ARRANGEMENT, AND OTHER behalf of the vessel’s owner or operator; accepted in lieu of the annual PROVISIONS FOR CERTAIN (ii) That the inspection report was inspection required by § 91.27–1(a) of DANGEROUS CARGOES IN BULK reviewed by the owner or operator; this subpart, the vessel must be (iii) That the discrepancies noted reinspected by the cognizant Officer in 53. Revise the authority citation for during the during the inspection have Charge, Marine Inspection as soon as part 98 to read as follows: been corrected or will be corrected practical. Authority: 33 U.S.C. 1903; 46 U.S.C. 3306, within a stated time frame; and (i) If the Officer in Charge, Marine 3307, 3703; 49 U.S.C. App. 1804; E.O. 12234, (iv) That the owner or operator has Inspection determines, in accordance 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 49 sufficient personal knowledge of CFR 1.46. with paragraph (g) of this section, that conditions aboard the vessel at the time the alternative annual inspection is of the inspection or has made necessary § 98.25±95 [Amended] accepted in lieu of the annual inquiries to justify forming a belief that 54. In § 98.25–95(a)(2), remove the inspection required by § 91.27–1(a) of the inspection report is true and correct. words ‘‘biennial inspection’’ and add, in (e) The form of certification required this subpart, the master must complete their place, the words, ‘‘inspection for under this subpart is as follows: the applicable COI endorsement. certification and periodic inspection’’. I certify that the above is true and complete § 91.60±1 [Amended] to the best of my knowledge and belief. PART 107ÐINSPECTION AND (f) Deficiencies and hazards 49. In § 91.60–1, immediately CERTIFICATION discovered during an alternative annual following the words ‘‘international voyage.’’ add the words ‘‘(See § 91.05– 55. Revise the authority citation for inspection conducted pursuant to this part 107 to read as follows: section must be corrected or eliminated, 10 of this chapter.)’’. if practical, before the inspection report 50. Revise § 91.60–15 to read as Authority: 43 U.S.C. 1333; 46 U.S.C. 3306, is submitted to the Officer in Charge, 3307; 46 U.S.C. 3316; 49 CFR 1.45, 1.46; follows: § 107.05 also issued under the authority of 44 Marine Inspection in accordance with U.S.C. 3507. paragraph (d)(5) of this section. § 91.60±15 Cargo Ship Safety Radio 56. In § 107.111, add, in alphabetical Deficiencies and hazards that are not Certificate. order, the definition for ‘‘anniversary corrected or eliminated by the time the Every vessel equipped with a radio date’’ to read as follows: inspection report is submitted must be installation on an international voyage listed in the report as ‘‘outstanding.’’ must have a Cargo Ship Safety Radio § 107.111 Definitions. Upon receipt of an inspection report Certificate. Each radio installation must * * * * * indicating outstanding deficiencies or meet the requirements of the Federal Anniversary date means the day and hazards, the Officer in Charge, Marine Communication Commission and the the month of each year, which Inspection will inform the owner or International Convention for Safety of corresponds to the date of expiration of operator of the vessel in writing of the Life at Sea. the Certificate of Inspection. time period in which to correct or 51. Revise § 91.60–35 to read as * * * * * eliminate the deficiencies or hazards follows: and the method for establishing that the § 107.201 [Amended] corrections have been accomplished. § 91.60±35 Availability of Certificates. 57. In § 107.201, in paragraph (b) Where a deficiency or hazard remains The Convention certificates must be remove the word ‘‘Biennial’’, capitalize uncorrected or uneliminated after the on board the vessel and readily the word ‘‘inspection’’ the first time it expiration of the time specified for available for examination at all times. appears, and in paragraph (c) remove correction or elimination, the Officer in the word ‘‘Reinspection’’ and add, in its 52. Revise § 91.60–40 to read as Charge, Marine Inspection will initiate place, the words ‘‘Annual and periodic follows: appropriate enforcement measures. inspections’’. (g) Upon receipt of the report required § 91.60±40 Duration of Convention 58. Revise § 107.211(d) to read as by paragraph (d)(3) of this section, the certificates. follows: Officer in Charge, Marine Inspection must evaluate it and make the following (a) The following certificates are valid § 107.211 Original Certificate of determination: for a period of not more than 60 months. Inspection. (1) Whether the alternative annual (1) A Cargo Ship Safety Construction * * * * * inspection is accepted in lieu of the Certificate. (d) A Certificate of Inspection is valid annual inspection required by § 91.27– (2) A Cargo Ship Safety Equipment for 5 years. 1(a) of this subpart. Certificate. 59. In § 107.215— (2) Whether the vessel is in (3) A Safety Management Certificate. (a) Revise the section heading to read satisfactory condition. as set forth below; (3) Whether the vessel continues to be (4) A Cargo Ship Safety Radio Certificate. (b) In paragraph (a), remove the words reasonably fit for its intended service ‘‘a biennial’’ and add, in their place, the and route. The Officer in Charge, Marine (b) An Exemption certificate must not word ‘‘an’’; Inspection may request any additional be valid for longer than the period of the (c) In paragraph (b), remove the words information needed to make the certificate to which it refers. ‘‘60 days’’ and add, in their place, the determinations required by this section. (c) A Convention certificate may be words ‘‘30 days’’; The Officer in Charge, Marine withdrawn, revoked, or suspended at (d) In paragraph (c) remove the words Inspection will inform the owner or any time when it is determined that the ‘‘biennial inspection’’ and add, in their operator in writing of the vessel is no longer in compliance with place, the words ‘‘inspection for determinations required by this section. applicable requirements. (See § 2.01–70 certification’’; and (h) If the Officer in Charge, Marine of this chapter for procedures governing (e) Add new paragraph (d) to read as Inspection determines, in accordance appeals.) follows:

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§ 107.215 Renewal of Certificate of in § 107.231 except § 107.231(x) and (y). inspection for certification and periodic Inspection. The OCMI will insure that the MODU is inspection to determine mechanical and * * * * * in satisfactory condition and fit for the electrical condition and performance. (d) A Certificate of Inspection is valid service for which it is intended. If your Particular note must be made of circuits for 5 years. MODU passes the periodic inspection, added or modified after the original the marine inspector will endorse your issuance of the Certificate of Inspection. § 107.260 [Amended] current Certificate of Inspection. 60. In § 107.260(c)(2), remove the (d) If the periodic inspection reveals PART 114ÐGENERAL PROVISIONS number ‘‘48’’ and add, in its place, the deficiencies in your MODU’s number ‘‘60’’. maintenance, you must make any or all 68. Revise the authority citation for 61. Revise § 107.269 to read as repairs or improvements within the time part 114 to read as follows: follows: period specified by the OCMI. Authority: 46 U.S.C. 2103, 3306, 3307, (e) Nothing in this subpart limits the 3703; 49 U.S.C. App. 1804; 49 CFR 1.45, 1.46. § 107.269 Annual inspection. marine inspector from conducting such Section 114.900 also issued under 44 U.S.C. (a) Your mobile offshore drilling unit tests or inspections he or she deems 3507. (MODU) must undergo an annual necessary to be assured of the vessel’s 69. In § 114.400(b), add, in inspection within the 3 months before seaworthiness. alphabetical order, the definition for or after each anniversary date, except as 63. In § 107.279, revise paragraphs (b), ‘‘anniversary date’’ to read as follows: specified in § 107.270. (c) and (d) to read as follows: (b) You must contact the cognizant § 114.400 Definition of terms used in this subchapter. OCMI to schedule an inspection at a § 107.279 Certificate of Inspection: Failure time and place which he or she to meet requirements. * * * * * approves. No written application is * * * * * (b) * * * required. (b) Withhold renewal of the Anniversary date means the day and (c) The scope of the annual inspection Certificate of Inspection until the the month of each year, which is the same as the inspection for MODU meets the requirements of corresponds to the date of expiration of certification as specified in § 107.231, § 107.231, except § 107.231(x) and (y). the Certificate of Inspection. except § 107.231(x) and (y), but in less (c) Suspend a valid Certificate of * * * * * detail unless the cognizant OCMI finds Inspection after an annual or periodic deficiencies or determines that a major inspection until the MODU meets the PART 115ÐINSPECTION AND change has occurred since the last requirements of § 107.231, except CERTIFICATION inspection. If deficiencies are found or § 107.231(x) and (y). a major change to the MODU has (d) Revoke a valid Certificate of 70. Revise the authority citation for occurred, the OCMI will conduct an Inspection after an annual or periodic part 115 to read as follows: inspection more detailed in scope to inspection if the unit operates without Authority: 33 U.S.C. 1321(j); 46 U.S.C. ensure that the MODU is in satisfactory complying with Coast Guard orders to 2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; condition and fit for the service for correct unlawful conditions. E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 which it is intended. If your MODU Comp., p. 743; E.O. 12234, 45 FR 58801, 3 64. Add § 107.283 to subpart B to read passes the annual inspection, the OCMI CFR, 1980 Comp., p. 277; 49 CFR 1.46. as follows: will endorse your current Certificate of § 115.105 [Amended] Inspection. § 107.283 Certificate of Inspection: (d) If the annual inspection reveals Conditions of validity. 71. In § 115.105(e), in the second deficiencies in your MODU’s To maintain a valid Certificate of sentence, remove the word ‘‘periodic’’. maintenance, you must make any or all Inspection, you must complete your 72. Revise § 115.107 to read as repairs or improvements within the time annual and periodic inspections within follows: period specified by the OCMI. the periods specified in §§ 107.269 and (e) Nothing in this subpart limits the § 115.107 Period of validity for a Certificate 107.270 and your Certificate of of Inspection. marine inspector from conducting such Inspection must be endorsed. tests or inspections he or she deems (a) A Certificate of Inspection is valid necessary to be assured of the vessel’s § 107.405 [Amended] for 1 year for vessels carrying more than 12 passengers on international voyages. seaworthiness. 65. In § 107.405(b), remove the words 62. Add § 107.270 to read as follows: ‘‘24 months’’ and add, in their place, the (b) A Certificate of Inspection is valid words ‘‘60 months’’. for 5 years for all other vessels. § 107.270 Periodic inspection. (c) A Certificate of Inspection may be (a) Your vessel must undergo a PART 110ÐGENERAL PROVISIONS suspended and withdrawn or revoked periodic inspection within 3 months by the cognizant OCMI at any time for before or after the second or third 66. Revise the authority citation for noncompliance with the requirements anniversary of the date of your vessel’s part 110 to read as follows: of this subchapter. Certificate of Inspection. This periodic Authority: 33 U.S.C. 1509; 43 U.S.C 1333; 73. In § 115.404, redesignate existing inspection will take the place of an 46 U.S.C. 3306, 3307, 3703; E.O. 12234, 45 text as paragraph (a) and add paragraph annual inspection. FR 58801, 3 CFR, 1980 Comp., p.277; 49 CFR (b) to read as follows: (b) You must contact the cognizant 1.45, 1.46; § 110.01–2 also issued under 44 OCMI to schedule an inspection at a U.S.C. 3507. § 115.404 Subsequent inspections for time and place which he or she 67. Revise § 110.30–5 to read as certification. approves. No written application is follows: * * * * * required. (b) You must submit your written (c) The scope of the periodic § 110.30±5 Inspection for certification. application for renewal of a Certificate inspection is the same as that for the Electric installations and electric of Inspection to the OCMI at least 30 inspection for certification, as specified equipment must be inspected at the days prior to the expiration date of the

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In § 125.160, add, in alphabetical OCMI to schedule an inspection at a § 115.404. order, the definition of ‘‘anniversary time and place which he or she (b) All other vessels must undergo an date’’ to read as follows: approves. No written application is inspection for certification as specified required. § 125.160 Definitions. in § 115.404 and an annual inspection (2) The scope of the annual inspection as specified in paragraph (b)(1) of this * * * * * is the same as the inspection for section. Anniversary date means the day and certification as specified in § 126.430, (1) Annual inspection. Your vessel the month of each year, which but in less detail unless the cognizant must undergo an annual inspection corresponds to the date of expiration of marine inspector finds deficiencies or within the 3 months before or after each the Certificate of Inspection. determines that a major change has anniversary date. * * * * * occurred since the last inspection. If (i) You must contact the cognizant deficiencies are found or a major change OCMI to schedule an inspection at a PART 126ÐINSPECTION AND to the vessel has occurred, the marine time and place which he or she CERTIFICATION inspector will conduct an inspection approves. No written application is more detailed in scope to ensure that required. 79. Revise the authority citation for the vessel is in satisfactory condition (ii) The scope of the annual part 126 to read as follows: and fit for the service for which it is inspection is the same as the inspection Authority: 46 U.S.C. 3205, 3306, 3307; 33 intended. If your vessel passes the for certification, as specified in U.S.C. 1321(j); E.O. 11735, 38 FR 21243, 3 annual inspection, the marine inspector § 115.404 but in less detail unless the CFR 1971–1975 Comp., p. 793; 49 CFR 1.46. will endorse your current Certificate of cognizant marine inspector finds Inspection. deficiencies or determines that a major § 126.250 [Amended] (3) If the annual inspection reveals change has occurred since the last 80. In § 126.250, in the section deficiencies in your vessel’s inspection. If deficiencies are found or heading, immediately following the maintenance, you must make any or all a major change to the vessel has word ‘‘validity’’ add the words ‘‘for a repairs or improvements within the time occurred, the marine inspector will Certificate of Inspection’’; and in period specified by the OCMI. conduct an inspection more detailed in paragraph (a), remove the number ‘‘2’’ (4) Nothing in this subpart limits the scope to ensure that the vessel is in and add, in its place, the number ‘‘5’’. satisfactory condition and fit for the marine inspector from making such tests 81. Revise § 126.420 to read as or inspections he or she deems service for which it is intended. If your follows: vessel passes the annual inspection, the necessary to be assured of the vessel’s marine inspector will endorse your § 126.420 Application for Certificate of seaworthiness. current Certificate of Inspection. Inspection. (b) Periodic inspection. Your vessel must undergo a periodic inspection (iii) If the annual inspection reveals You must submit a written within 3 months before or after the deficiencies in your vessel’s application for an inspection for second or third anniversary of the date maintenance, you must make any or all certification to the cognizant OCMI. To of your vessel’s Certificate of Inspection. repairs or improvements within the time renew a Certificate of Inspection, you This periodic inspection will take the period specified by the OCMI. must submit an application at least 30 (iv) Nothing in this subpart limits the place of an annual inspection. days before the expiration of the tank marine inspector from conducting such vessel’s current certificate. You must (1) You must contact the cognizant tests or inspections he or she deems use Form CG–3752, Application for OCMI to schedule an inspection at a necessary to be assured of the vessel’s Inspection of U.S. Vessel, and submit it time and place which he or she seaworthiness. approves. No written application is (2) [Reserved] to the OCMI at, or nearest to, the port where the vessel is located. When required. 75. Revise § 115.502 to read as (2) The scope of the periodic follows: renewing a Certificate of Inspection, you must schedule an inspection for inspection is the same as that for the § 115.502 Certificate of Inspection: certification within the 3 months before inspection for certification, as specified Conditions of validity. the expiration date of the current in § 126.430. The OCMI will insure that To maintain a valid Certificate of Certificate of Inspection. the vessel is in satisfactory condition Inspection, you must complete your 82. Revise subpart E to read as and fit for the service for which it is annual inspections within the periods follows: intended. If your vessel passes the specified in § 115.500 and your periodic inspection, the marine Certificate of Inspection must be Subpart EÐAnnual, Periodic, and inspector will endorse your current endorsed. Alternative Annual Inspections Certificate of Inspection. (3) If the periodic inspection reveals § 115.812 [Amended] Sec. deficiencies in your vessel’s 76. Section 115.812(a), remove the 126.510 Annual and periodic inspections. maintenance, you must make any or all 126.520 Certificate of Inspection: words ‘‘; except that, they must be Conditions of validity. repairs or improvements within the time inspected once every 3 years instead of 126.530 Alternative annual inspection for period specified by the OCMI. at the intervals in § 61.10–5(a), (b), and offshore supply vessels less than 400 (4) Nothing in this subpart limits the (d) of this chapter’’. gross tons in foreign ports. marine inspector from conducting such

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(d) The following conditions must be (e) The form of certification required To maintain a valid Certificate of met for the alternative annual under this section, for the alternative Inspection, you must complete your inspection to be accepted instead of the annual inspection, is as follows: annual and periodic inspections within annual inspection required by § 126.510 I certify that to the best of my knowledge the periods specified in § 126.510 (a) of this subpart: and belief the information contained in the and (b) and your Certificate of (1) The alternative annual inspection report is complete and accurate. Inspection must be endorsed. must occur within the 3 months before (f) Deficiencies and hazards § 126.530 Alternative annual inspection for or after each anniversary date. discovered during the alternative annual offshore supply vessels less than 400 gross (2) The alternative annual inspection inspection conducted pursuant to this tons in foreign ports. must be of the scope detailed by section must be corrected or eliminated, (a) The owner, master or operator of § 126.510(a) of this subchapter and must if practical, before the examination an OSV of less than 400 gross tons may be conducted by the master, owner or report is submitted to the OCMI in request authorization to conduct an operator of the vessel, or by a designated accordance with paragraph (d)(5) of this alternative annual inspection in place of representative of the owner or operator. section. Deficiencies and hazards that the annual inspection described in (3) Upon completion of the alternative are not corrected or eliminated by the § 126.510(a) of this subpart. The request annual inspection, the person or time the examination report is must go to the cognizant OCMI assigned persons making the examination must submitted must be listed in the report as responsibility for inspections in the prepare a comprehensive report ‘‘outstanding.’’ Upon receipt of an country in which the vessel is operating describing the conditions found. This examination report indicating and will be examined. To qualify for the report must contain sufficient detail to outstanding deficiencies or hazards, the alternative annual examination, the let the OCMI determine whether the OCMI must inform the owner or vessel must meet the following vessel is fit for the service and route operator in writing of the time period requirements: specified on the Certificate of within which to correct or eliminate the (1) The request must be in writing and Inspection. This report must include all deficiencies or hazards and the method be received by the OCMI not later than reports and receipts documenting the for establishing that the corrections have the anniversary date. servicing of lifesaving equipment and been accomplished. Where a deficiency (2) The vessel is likely to be any photographs or sketches necessary or hazard remains uncorrected or continuously employed outside of the to clarify unusual circumstances. Each uneliminated after the expiration of the United States during the 3 months person preparing this report must sign time specified for correction or before and after each anniversary date. it and certify that the information elimination, the Officer in Charge, (b) In determining whether to contained therein is complete and Marine Inspection must initiate authorize the alternative annual accurate. appropriate enforcement measures. inspection, the OCMI considers the (4) Unless the master of the vessel (g) Upon receipt of the report, the following: participated in the alternative annual OCMI will evaluate it and determine the (1) Information contained in previous inspection and the preparation of the following: examination reports on inspection and comprehensive report, the master will (1) Whether the cognizant OCMI drydock, including the recommendation review the report for completeness and accepts the alternative annual of the then cognizant OCMI for accuracy. The master must sign the inspection instead of the annual participation in the alternative report to indicate his or her review and inspection required by § 126.510(a) of midperiod program and alternative validation and must forward it to the this subpart. annual examination. owner or operator of the vessel. (2) Whether the vessel is in (5) The owner or operator of a vessel (2) The nature, number, and severity satisfactory condition. of marine casualties or accidents, as examined under this section must (3) Whether the vessel continues to be defined in § 4.03–1 of this chapter, review and submit the comprehensive reasonably fit for its intended service involving the vessel in the 3 years report, required by paragraph (d)(3) of and route. preceding the request. this section, to the OCMI. The report (3) The nature, number, and gravity of must reach the OCMI before the first day (h) The OCMI may require further any outstanding inspection of the fifth month following the information necessary for the requirements for the vessel. anniversary date. The forwarding letter determinations required by this section. (4) The owner’s or operator’s history or endorsement must be certified to be The OCMI will inform the owner or of compliance and cooperation in such true and must contain the following operator in writing of these alternative midperiod examinations and information: determinations. annual inspections, including: (i) That the person or persons who (i) If the OCMI, in compliance with (i) The prompt correction of made the alternative annual inspection paragraph (g) of this section, does not deficiencies. acted on behalf of the vessel’s owner or accept the alternative annual inspection (ii) The reliability of previously operator. instead of the annual inspection submitted reports on such alternative (ii) That the report was reviewed by required by § 126.510(a) of this subpart, midperiod examinations and annual the owner or operator. he or she will require reinspection of inspections. (iii) That the discrepancies noted the vessel as soon as practicable. He or (iii) The reliability of representations during the reinspection have been she will inform the vessel owner or that the vessel would be, and was, corrected, or will be within a stated operator in writing that the alternative employed outside of the United States time. examination is not acceptable and that during the 3 months before and after (iv) That the owner or operator has a reinspection is necessary. The owner, each anniversary date. sufficient personal knowledge of master, or operator must make the

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If inspection is accepted in lieu of the Authority: 33 U.S.C. 1321(j); 46 U.S.C. deficiencies are found or a major change annual inspection required by 3306, 3307, 6101; E.O. 11735, 38 FR 21243, to the vessel has occurred, the marine § 126.510(a) of this subpart, the master 3 CFR, 1971–1975 Comp., p. 793; 49 CFR inspector will conduct an inspection must complete the applicable COI 1.45, 1.46; § 169.117 also issued under the more detailed in scope to ensure that endorsement. authority of 44 U.S.C. 3507. the vessel is in satisfactory condition 92. In § 169.107, redesignate and fit for the service for which it is PART 132ÐFIRE-PROTECTION paragraphs (a) through (y) as paragraphs intended. If your vessel passes the EQUIPMENT (b) through (z), respectively, and add annual inspection, the marine inspector new paragraph (a) to read as follows: 83. Revise the authority citation for will endorse your current Certificate of part 132 to read as follows: § 169.107 Definitions. Inspection. Authority: 46 U.S.C. 3306, 3307; 449 CFR (a) Anniversary date means the day (d) If the annual inspection reveals 1.46. and the month of each year, which deficiencies in your vessel’s corresponds to the date of expiration of maintenance, you must make any or all § 132.350 [Amended] the Certificate of Inspection. repairs or improvements within the time 84. In § 132.350(a)(2), after the words * * * * * period specified by the Officer in Charge, Marine Inspection. ‘‘inspection for certification’’ add the 93. In § 169.205, revise section words ‘‘and periodic inspection’’. heading and paragraph (d) to read as (e) Nothing in this subpart limits the follows: marine inspector from conducting such PART 133ÐLIFESAVING SYSTEMS tests or inspections he or she deems § 169.205 Obtaining or renewing a necessary to be assured of the vessel’s 85. Revise the authority citation for Certificate of Inspection. seaworthiness. part 133 to read as follows: * * * * * Authority: 46 U.S.C. 3306, 3307; 449 CFR (d) You must submit a written 96. Add § 169.226 to read as follows: 1.46. application for an inspection for § 169.226 Periodic inspection. certification to the cognizant Officer in § 133.45 [Amended] Charge, Marine Inspection. To renew a (a) Your vessel must undergo a 86. In § 133.45(b), after the words Certificate of Inspection, you must periodic inspection within 3 months ‘‘inspection for renewal of certification’’ submit an application at least 30 days before or after the second or third add the words ‘‘and periodic before the expiration of the vessel’s anniversary of the date of your vessel’s inspection’’. current certificate. Applications are Certificate of Inspection. This periodic available at any U.S. Coast Guard inspection will take the place of an PART 134ÐADDED PROVISIONS FOR Marine Safety Office or Marine annual inspection. LIFTBOATS Inspection Office. When renewing a (b) You must contact the cognizant 87. Revise the authority citation for Certificate of Inspection, you must Officer in Charge, Marine Inspection to part 134 to read as follows: schedule an inspection for certification schedule an inspection at a time and within the 3 months before the Authority: 46 U.S.C. 3306, 3307; 449 CFR place which he or she approves. No expiration date of the current Certificate written application is required. 1.46. of Inspection. (c) The scope of the periodic § 134.120 [Amended] * * * * * inspection is the same as that for the 88. In § 134.120, after the words 94. In § 169.207, revise section inspection for certification, as specified ‘‘inspection for certification’’ add the heading and paragraph (a) to read as in § 169.222. The Officer in Charge, words ‘‘and periodic inspection’’. follows: Marine Inspection will insure that the vessel is in satisfactory condition and fit PART 167ÐPUBLIC NAUTICAL § 169.207 Period of validity for a Certificate for the service for which it is intended. SCHOOL SHIPS of Inspection. (a) A Certificate of Inspection is valid If your vessel passes the periodic 89. Revise the authority citation for for 5 years. inspection, the marine inspector will endorse your current Certificate of part 167 to read as follows: * * * * * Inspection. Authority: 46 U.S.C. 3306, 3307, 6101, 95. Revise § 169.225 to read as 8105; E.O. 12234, 45 FR 58801, 3 CFR, 1980 follows: (d) If the periodic inspection reveals Comp., p. 277; 49 CFR 1.46. deficiencies in your vessel’s 90. In § 167.15–20, designate existing § 169.225 Annual inspection. maintenance, you must make any or all text as paragraph (a) and add paragraph (a) Your vessel must undergo an repairs or improvements within the time (b) to read as follows: annual inspection within 3 months period specified by the Officer in before or after each anniversary date, Charge, Marine Inspection. § 167.15±20 Inspections of nautical school except as specified in § 169.226. ships. (e) Nothing in this subpart limits the (b) You must contact the cognizant marine inspector from conducting such * * * * * Officer in Charge, Marine Inspection to tests or inspections he or she deems (b) To renew a Certificate of schedule an inspection at a time and necessary to be assured of the vessel’s Inspection, you must submit an place which he or she approves. No seaworthiness. application at least 30 days before the written application is required. expiration of the vessel’s current (c) The scope of the annual inspection 97. Revise § 169.227 to read as certificate. is the same as the inspection for follows:

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§ 169.227 Certificate of Inspection: their place, add the words ‘‘, periodic 112. Revise § 176.500 to read as Conditions of validity. inspection, and annual inspection’’. follows: To maintain a valid Certificate of Inspection, you must complete your § 169.257 [Amended] § 176.500 When required. annual and periodic inspections within 106. In § 169.257(a) remove the word (a) Vessels carrying more than 12 the periods specified in §§ 169.225 and ‘‘, reinspection’’ and in § 169.257(a) and passengers on international voyages 169.226 respectively and your (b), after the words ‘‘inspection for must undergo an inspection for Certificate of Inspection must be certification’’ add the words ‘‘, periodic certification each year as specified in endorsed. inspection, annual inspection,’’. § 176.404. (b) All other vessels must undergo an § 169.239 [Amended] PART 175ÐGENERAL PROVISIONS inspection for certification as specified 98. In § 169.239, after the words in § 176.404 and annual inspection as ‘‘inspection for certification’’ add the 107. Revise the authority citation for specified in paragraph (b)(1) of this words ‘‘and periodic inspection’’. part 175 to read as follows: section. 99. Revise § 169.241(a) introductory Authority: 46 U.S.C. 2103, 3205, 3306, (1) Annual inspection. Your vessel text to read as follows: 3307, 3703; 49 U.S.C. App. 1804; 49 CFR must undergo an annual inspection 1.45, 1.46; 175.900 also issued under within the 3 months before or after each § 169.241 Machinery. authority of 44 U.S.C. 3507. anniversary date. (a) At each inspection for certification 108. In § 175.400, add, in alphabetical (i) You must contact the cognizant and periodic inspection, the marine order, the definition for ‘‘anniversary OCMI to schedule an inspection at a inspector will examine and test the date’’ to read as follows: time and place which he or she following items to the extent necessary, approves. No written application is to determine that they are in proper § 175.400 Definition of terms used in this required. subchapter. operating condition and fit for the (ii) The scope of the annual service for which they are intended: * * * * * inspection is the same as the inspection Anniversary date means the day and for certification but in less detail unless * * * * * the month of each year, which the cognizant marine inspector finds 100. Revise the introductory text in corresponds to the date of expiration of deficiencies or determines that a major § 169.243 to read as follows: the Certificate of Inspection. change has occurred since the last § 169.243 Electrical. * * * * * inspection. If deficiencies are found or At each inspection for certification a major change to the vessel has and periodic inspection, the marine PART 176ÐINSPECTION AND occurred, the marine inspector will inspector will examine and test the CERTIFICATION conduct an inspection more detailed in following items to the extent necessary, scope to ensure that the vessel is in 109. Revise the authority citation for satisfactory condition and fit for the to determine that they are in proper part 176 to read as follows: operating condition, in safe electrical service for which it is intended. If your condition, and fit for the service for Authority: 33 U.S.C. 1321(j); 46 U.S.C. vessel passes the annual inspection, the which they are intended: 2103, 3205, 3306, 3307; 49 U.S.C. App. 1804; marine inspector will endorse your E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 current Certificate of Inspection. * * * * * Comp., p. 743; E.O. 12234, 45 FR 58801, 3 (iii) If the annual inspection reveals 101. Revise the introductory text in CFR, 1980 Comp., p. 277; 49 CFR 1.46. deficiencies in your vessel’s § 169.245 to read as follows: 110. Revise § 176.107 to read as maintenance, you must make any or all § 169.245 Lifesaving equipment. follows: repairs or improvements within the time period specified by the OCMI. At each inspection for certification § 176.107 Period of validity for a Certificate (iv) Nothing in this subpart limits the of Inspection. and periodic inspection the following marine inspector from conducting such tests and inspections of lifesaving (a) A Certificate of Inspection is valid tests or inspections he or she deems equipment will be conducted: for 1 year for vessels carrying more than necessary to be assured of the vessel’s * * * * * 12 passengers on international voyages. seaworthiness. (b) A Certificate of Inspection is valid (2) [Reserved] § 169.247 [Amended] for 5 years for all other vessels. 113. Revise § 176.502 to read as 102. In § 169.247(a), after the words (c) A Certificate of Inspection may be follows: ‘‘inspection for certification’’ add the suspended and withdrawn or revoked words ‘‘and periodic inspection’’. by the cognizant OCMI at any time for § 176.502 Certificate of Inspection: noncompliance with the requirements Conditions of validity. § 169.251 [Amended] of this subchapter. To maintain a valid Certificate of 103. In § 169.251, after the words 111. In § 176.404, redesignate the Inspection, you must complete your ‘‘inspection for certification’’ add the existing text as paragraph (a) and add annual inspection within the periods words ‘‘and periodic inspection’’. paragraph (b) to read as follows: specified in § 176.500(b)(1) and your Certificate of Inspection must be § 169.253 [Amended] § 176.404 Subsequent inspections for endorsed. 104. In § 169.253(a), after the words certification. ‘‘inspection for certification’’ add the * * * * * § 176.812 [Amended] words ‘‘and periodic inspection’’. (b) You must submit your written 114. In § 176.812, in paragraph (a), application for renewal of a Certificate remove the words ‘‘; except that, they § 169.255 [Amended] of Inspection to the OCMI at least 30 must be inspected once every 3 years 105. In § 169.255, after the words days prior to the expiration date of the instead of at the intervals in § 61.10– ‘‘inspection for certification’’ remove Certificate of Inspection, as required in 5(a), (b), and (d) of this chapter’’; and, the words ‘‘and reinspection’’ and, in § 176.105 of this part. in paragraph (b), remove the number

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‘‘§ 61.10’’ and add, in its place, the § 189.25±20 [Amended] scope to ensure that the vessel is in number ‘‘§ 61.05’’. 120. In § 189.25–20(a) introductory satisfactory condition and fit for the text, in the first sentence, remove the service for which it is intended. If your PART 188ÐGENERAL PROVISIONS words ‘‘inspection for certification and’’ vessel passes the annual inspection, the add, in their place, the words marine inspector will endorse your 115. Revise the authority citation for ‘‘inspection for certification, periodic current Certificate of Inspection. part 188 to read as follows: inspection, and’’; and, in the last (d) If the annual inspection reveals Authority: 46 U.S.C. 2113, 3306, 3307; 49 sentence, immediately following the deficiencies in your vessel’s U.S.C. App. 5103, 5106; E.O. 12234, 45 FR words ‘‘inspection for certification’’ add maintenance, you must make any or all 58801, 3 CFR, 1980 Comp., p. 277; 49 CFR the words ‘‘and periodic inspection’’. repairs or improvements within the time 1.46. period specified by the OCMI. § 189.25±25 [Amended] § 188.10±1 [Redesignated as § 188.10±2] (e) Nothing in this subpart limits the 121. In § 189.25–25(a), after the words marine inspector from conducting such 116. Redesignate § 188.10–1 as ‘‘inspection for certification’’ add the tests or inspections he or she deems § 188.10–2 and add new § 188.10–1 to words ‘‘and periodic inspection’’. necessary to be assured of the vessel’s read as follows: § 189.25±38 [Amended] seaworthiness. § 188.10±1 Anniversary date. 122. In § 189.25–38, after the words 128. Revise § 189.27–5 to read as The term anniversary date means the ‘‘inspection for certification’’ add the follows: day and the month of each year, which words ‘‘and periodic inspection’’. § 189.27±5 Periodic inspection. corresponds to the date of expiration of the Certificate of Inspection. § 189.25±40 [Amended] (a) Your vessel must undergo a 123. In § 189.25–40, after the words periodic inspection within 3 months PART 189ÐINSPECTION AND ‘‘inspection for certification’’ add the before or after the second or third CERTIFICATION words ‘‘and periodic inspection’’. anniversary of the date of your vessel’s Certificate of Inspection. This periodic 117. Revise the authority citation for § 189.25±45 [Amended] inspection will take the place of an part 189 to read as follows: 124. In § 189.25–45, remove the annual inspection. Authority: 33 U.S.C. 1321(j); 46 U.S.C. designation for paragraph (a), and after (b) You must contact the cognizant 2113, 3306, 3307; E.O. 12234, 45 FR 58801, the words ‘‘inspection for certification’’ OCMI to schedule an inspection at a 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 add the words ‘‘and periodic time and place which he or she FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR inspection’’. approves. No written application is 1.46. required. § 189.25±47 [Amended] § 189.01±10 [Amended] (c) The scope of the periodic 125. In § 189.25–47(a) and (b), after inspection is the same as that for the 118. In § 189.01–10— the words ‘‘inspection for certification.’’ inspection for certification, as specified a. In the section heading, immediately add the words ‘‘and periodic in § 189.25–10. The OCMI will insure following the word ‘‘validity’’ add the inspection.’’. that the vessel is in satisfactory words ‘‘for a Certificate of Inspection’’; condition and fit for the service for Subpart 189.27ÐAnnual and Periodic b. In paragraph (a), remove the first which it is intended. If your vessel Inspections sentence and add, in its place, the passes the periodic inspection, the sentence ‘‘A Certificate of Inspection is marine inspector will endorse your valid for 5 years.’’; and 126. In subpart 189.27, revise the subpart heading to read as set forth current Certificate of Inspection. c. In paragraph (c)(2), remove the above. (d) If the periodic inspection reveals words ‘‘in no case to exceed 2 years’’ deficiencies in your vessel’s and add, in their place, the words ‘‘not 127. Revise § 189.27–1 to read as follows: maintenance, you must make any or all to exceed 5 years’’. repairs or improvements within the time 119. Revise § 189.25–5 to read as § 189.27±1 Annual inspection. period specified by the OCMI. follows: (a) Your vessel must undergo an (e) Nothing in this subpart limits the annual inspection within the 3 months marine inspector from conducting such § 189.25±5 Application for a Certificate of before or after each anniversary date, Inspection. tests or inspections he or she deems except as specified in § 189.27–5. necessary to be assured of the vessel’s You must submit a written (b) You must contact the cognizant seaworthiness. application for an inspection for OCMI to schedule an inspection at a certification to the cognizant OCMI. To time and place which he or she 129. Revise § 189.27–10 to read as renew a Certificate of Inspection, you approves. No written application is follows: must submit an application at least 30 required. § 189.27±10 Certificate of Inspection: days before the expiration of the tank (c) The scope of the annual inspection Conditions of validity. vessel’s current certificate. You must is the same as the inspection for use Form CG–3752, Application for certification, as specified in § 189.25– To maintain a valid Certificate of Inspection of U.S. Vessel, and submit it 10, but in less detail unless the Inspection, you must complete your to the OCMI at, or nearest to, the port cognizant marine inspector finds annual and periodic inspections within where the vessel is located. When deficiencies or determines that a major the periods specified in §§ 189.27–1 and renewing a Certificate of Inspection, you change has occurred since the last 189.27–5 respectively, and your must schedule an inspection for inspection. If deficiencies are found or Certificate of Inspection must be certification within the 3 months before a major change to the vessel has endorsed. the expiration date of the current occurred, the marine inspector will 130. Revise § 189.60–15 to read as Certificate of Inspection. conduct an inspection more detailed in follows:

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§ 189.60±15 Cargo Ship Safety Radio (3) A Safety Management Certificate. normal plan submission procedures of Certificate. (4) A Cargo Ship Safety Radio subpart 189.55 and to initial Every vessel equipped with a radio Certificate. construction inspection. They must be installation on an international voyage (b) An Exemption certificate must not inspected at each inspection for must have a Cargo Ship Safety Radio be valid for longer than the period of the certification and periodic inspection. Certificate. Each radio installation must certificate to which it refers. * * * * * meet the requirements of the Federal (c) A Convention certificate may be Communication Commission and the withdrawn, revoked, or suspended at PART 199ÐLIFESAVING SYSTEMS any time when it is determined that the International Convention for Safety of FOR CERTAIN INSPECTED VESSELS Life at Sea. vessel is no longer in compliance with applicable requirements. (See § 2.01–70 131. Revise § 189.60–35 to read as 135. Revise the authority citation for follows: of this chapter for procedures governing appeals.) part 199 to read as follows: § 189.60±35 Availability of Certificates. Authority: 46 U.S.C. 3306, 3307, 3703; 46 The Convention certificates must be PART 195ÐVESSEL CONTROL AND CFR 1.46. on board the vessel and readily MISCELLANEOUS SYSTEMS AND available for examination at all times. EQUIPMENT § 199.45 [Amended] 132. Revise § 189.60–40 to read as 133. Revise the authority citation for 136. In § 199.45(b), immediately follows: part 195 to read as follows: following the words ‘‘renewal of § 189.60±40 Duration of Convention Authority: 46 U.S.C. 2113, 3306, 3307; 49 certification’’ add the words ‘‘and certificates. U.S.C. App. 1804; E.O. 12234, 45 FR 58801, periodic inspection’’. (a) The following certificates are valid 3 CFR, 1980 Comp., p. 277; 49 CFR 1.46. Dated: February 2, 2000. for a period of not more than 60 months 134. Revise § 195.11–15 (a) to read as Joseph J. Angelo, (5 years). follows: (1) A Cargo Ship Safety Construction Acting Assistant Commandant for Marine Certificate. § 195.11±15 Plan approval and inspection. Safety and Environmental Protection. (2) A Cargo Ship Safety Equipment (a) Accommodation, power and [FR Doc. 00–2812 Filed 2–4–00; 3:40 pm] Certificate. chemical stores vans are subject to BILLING CODE 4910±15±U

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Part IV

Department of Justice Office of Juvenile Justice and Delinquency Prevention

Mental Health and Juvenile Justice: Building a Model for Effective Service Delivery; Notice

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DEPARTMENT OF JUSTICE theoretical and empirical information system responses to meet those needs. regarding best practices for meeting the The organization will then use the Office of Juvenile Justice and needs of this population. information gathered through these Delinquency Prevention three strategies to develop a model of Overview [OJP (OJJDP)±1259] mental health service delivery for youth With this program announcement, the in the juvenile justice system. The RIN 1121±ZB93 Office of Juvenile Justice and information gathered during this Delinquency Prevention (OJJDP) process will be used to support a Mental Health and Juvenile Justice: initiates an effort to build on existing subsequent program announcement that Building a Model for Effective Service research and knowledge in the area of will solicit sites for model Delivery mental health and juvenile justice. This demonstration and evaluation. The AGENCY: Office of Justice Programs, multi year research and development successful applicant for the first phase Office of Juvenile Justice and effort will examine current research and will also assist with the development of Delinquency Prevention, Justice. theoretical literature on mental health a research design for the demonstration and related substance abuse issues ACTION: sites. Announcement of Discretionary among juvenile offenders; the Competitive Assistance Grant relationship between mental health and Background SUMMARY: Notice is hereby given that juvenile delinquency; and best practices After increasing for a number of years, the Office of Juvenile Justice and in the delivery of mental health the juvenile crime rate has been Delinquency Prevention, pursuant to treatment to the juvenile offender declining since 1995. ‘‘Although the Public Law 105–277, October 19, 1998, population. This initiative will also juvenile violent crime arrest rate the Omnibus Consolidated and examine the prevalence of mental health increased more than 60 percent between Emergency Supplemental Appropriation disorders among youth who enter the 1988 and 1994, it decreased 23 percent Act of 1999, is issuing a solicitation for juvenile justice system, particularly between 1994 and 1997. Similarly, the applications from public or private those in detention and secure juvenile homicide arrest rate increased agencies or organizations to engage in a corrections. Although juvenile justice substantially between 1988 and 1993 variety of interrelated research activities administrators and practitioners but declined 39 percent between 1993 designed to (1) improve knowledge typically—and understandably— and 1997’’ (1998 OJJDP Annual Report, about the nature and prevalence of concern themselves with the most 1999, p. 3). Although these trends are mental health and co-occurring severely disordered youth, the intention encouraging, juvenile offending substance abuse disorders among youth of this initiative is to address the needs continues to occur at a very high rate. in the juvenile justice system and (2) of youth with a broad range of mental A substantial portion of youth who are support the development of a disorders. This includes conditions, brought before the juvenile court are comprehensive model for the provision such as conduct disorder and post- detained or placed in secure corrections. traumatic stress disorder (PTSD), that In 1996, 58 percent (983,100) of the of mental health services to this are common in the juvenile justice youth referred to juvenile court were population. population, but it also includes less adjudicated delinquent. Twenty-eight DATES: Applications must be received frequently recognized conditions such percent (275,000) of these youth were no later than 5 p.m. ET on April 10, as anxiety and depression. It is sent to residential placement, an 2000. important to keep in mind that mild and increase of 51 percent between 1987 and ADDRESSES: Interested applicants must easily treated conditions may evolve 1996. OJJDP’s Census of Juveniles in obtain an application kit from the into severe and intractable disorders if Residential Placement (OJJDP, 1997) Juvenile Justice Clearinghouse at 800– left untreated. Although the focus of this reported that on October 29, 1997, there 638–8736. The application kit is also initiative is on mental disorders, OJJDP were 105,790 juveniles committed by available at OJJDP’s Web site at recognizes that mental health and the court to out-of-home placements. www.ojjdp.ncjrs.org/grants/about/ substance abuse disorders frequently co- Very little is known about the mental html#kit. occur, particularly in the delinquent health needs of these youth. There has population (Cocozza, 1992; Neighbors, been no large-scale national FOR FURTHER INFORMATION CONTACT: Kempton, and Forehand, 1992). investigation of mental disorders among Karen Stern, Program Manager, Therefore, information will also be juvenile offenders and the lack of Research and Program Development obtained on the prevalence of substance methodological consistency across Division, Office of Juvenile Justice and abuse disorders that co-occur with smaller prevalence studies often Delinquency Prevention (phone: 202– mental health diagnoses. When the produces inconsistent results. A review 514–9395; e-mail: initial survey work has been completed, of studies (Cocozza, 1992) found that [email protected]). Douglas Dodge, OJJDP will fund multiple demonstration between 14 percent and 20 percent of Senior Policy Advisor, Office of Juvenile sites to implement and evaluate a youth in the general population suffer Justice and Delinquency Prevention service delivery model derived from from a diagnosable mental disorder at (phone: 202–616–3652; e-mail: current theory and best practices. The any given time. It is likely that the [email protected]). demonstration program will be prevalence rates among the SUPPLEMENTARY INFORMATION: evaluated using an experimental design. approximately 1.8 million youth who This program announcement seeks enter the juvenile justice system each Purpose applications for the first phase of this year are even higher. In adult studies, The purpose of this initiative is to effort and will fund an organization that the presence of both substance abuse substantially improve knowledge about can effectively conduct the literature and mental health problems increases the nature and prevalence of mental review described above, a survey of the likelihood that an individual will health and co-occurring substance abuse mental health and related substance engage in criminal and violent behavior. disorders among youth in the juvenile abuse needs among juvenile justice Although this correlation has not been justice system and to develop and test youth in several jurisdictions, and a clearly demonstrated in youth, many of a service delivery model based on survey of selected juvenile justice the causes and correlates of juvenile

VerDate 272000 14:25 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\09FEN2.SGM pfrm03 PsN: 09FEN2 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6513 delinquency are similar to risk factors For several years, OJJDP has been demonstration and evaluation project for developing mental health and working closely with other agencies in that will replicate and evaluate the substance abuse disorders. the Federal Government to increase model at several sites. The model will Since the mid-1990’s, OJJDP has capacity for meeting the mental health be evaluated using a variety of outcome recognized the critical role that mental needs of juvenile offenders. OJJDP has measures to determine whether services health problems play in the lives of been active in the Federal Partnership are being provided in an appropriate, youth caught up in the juvenile justice for Children’s Mental Health, organized effective, and cost-efficient manner. system. As a result, OJJDP has been by the Center for Mental Health Services Goal working for several years on a number (CMHS) of the Substance Abuse and of efforts to increase knowledge and Mental Health Services Administration The goal of this initiative is to improve services in this area. (SAMHSA) in the U.S. Department of improve knowledge about the nature OJJDP is supporting the GAINS Center Health and Human Services. For the and prevalence of mental health and co- on Co-Occurring Disorders in preparing past 2 years, through an interagency occurring substance abuse disorders an update of Cocozza’s 1992 monograph agreement with CMHS, OJJDP has among youth in the juvenile justice Responding to the Mental Health Needs supported the provision of training and system and to develop a model for the of Youth in the Juvenile Justice System. technical assistance to the exemplary provision of mental health This update will provide important Comprehensive Community Mental services for this population. The model information on rates and trends of Health Services for Children and Their will incorporate both current theory and mental health and substance abuse Families sites. The goal of this training best practices in the areas of screening, disorders in the juvenile justice is to assist the sites in ensuring that assessment, service provision, and population, and identify programs and their comprehensive systems of care quality assurance. The model should strategies for addressing these issues. include youth in the juvenile justice include youth at all stages of the OJJDP is also supporting the GAINS system. OJJDP continued this support in juvenile justice system, including, but Center’s efforts to provide training and FY 1999 as CMHS rebid its training and not limited to, arrest, intake, technical assistance to States and technical assistance contract. CMHS’ 45 adjudication, detention, secure localities on juveniles with comorbid sites, dedicated to developing corrections, probation, and community- substance abuse and mental health comprehensive mental health services based treatment. Ideally, this model will disorders through an interagency for seriously emotionally disturbed be used in a subsequent demonstration agreement with the National Institute of youth and their families, present an and evaluation project, which will Corrections. excellent opportunity for improving replicate the model at two to five sites. OJJDP is providing support for two mental health service delivery to all studies of mental health disorders in the Objectives children, including delinquent and at- juvenile justice population. Linda risk youth. The objectives of this initiative are: Teplin’s longitudinal study of 1,800 • To explore the research and detained youth in the Cook County If there is a gap in the continuum of theoretical literature related to the (Chicago) Juvenile Detention Center is services being delivered under current delivery of mental health services to yielding important information on the programs funded by CMHS and others, youth in the juvenile justice system. prevalence and severity of mental health it is the lack of mental health • To enhance the understanding of and substance abuse disorders among programming for juvenile offenders, mental health service needs of youth detained juveniles. Gail Wasserman is particularly those in detention and involved in the juvenile justice system, working with incarcerated youth in secure corrections. In addition, for these including gender-specific differences in Illinois and New Jersey to test the utility incarcerated juveniles, the lack of service needs. of a self-administered assessment aftercare or reentry programming is of • To increase the knowledge base instrument for identifying mental health particular concern. Although the lack of regarding existing mental health service disorders among youth in correctional services may be most acute for juveniles delivery systems in different parts of the settings. in detention, secure corrections, and country. For the past 2 years, OJJDP has aftercare, OJJDP believes that the best • To improve access to mental health explored the potential value of the strategy for closing these gaps is to services for youth in the juvenile justice Community Assessment Center (CAC) develop a comprehensive model that system and to improve the quality and concept. CAC’s provide a 24-hour will address the mental health needs of coordination of the services provided. centralized point of intake and youth at every point in the juvenile • To identify or create a model for the assessment for juveniles entering the justice system. To that end, OJJDP delivery of comprehensive mental juvenile justice system. Early proposes to address these gaps by health services to youth in the juvenile identification of mental health and developing a research and justice system. substance abuse disorders can enhance demonstration effort that will (1) review • To identify model approaches to placement and treatment decisions for what is known about theory and best service delivery that will overcome youth at the ‘‘front end’’ of the juvenile practices in this area, (2) examine the interdisciplinary differences by justice system. prevalence of mental health and co- fostering true collaboration between As part of OJJDP’s Performance-Based occurring substance abuse disorders in mental health and juvenile justice Standards Demonstration Program, a sample of youth in the juvenile justice professionals. health/mental health standards and system, (3) document what services are • To increase the quality and cost- outcomes have been developed for the available to meet the needs of this effectiveness of organizational use of participating sites. The overall population, and (4) develop a model structures for providing mental health goal of the standards is to identify and that incorporates existing theory and services to youth at all levels of the effectively respond to the health and best practices to provide comprehensive juvenile justice system. mental health needs of juveniles in mental health services to youth in the confinement, using appropriate juvenile justice system. The model Program Strategy diagnostic, treatment, and prevention developed under this initiative will Melton and Pagliocca (1992) note that protocols. subsequently be used in a emotionally disturbed youth in the

VerDate 272000 14:25 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\09FEN2.SGM pfrm03 PsN: 09FEN2 6514 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices juvenile justice system have many of the treatment, family support services, day justice, these fields have also struggled same mental health needs as treatment, crisis intervention services, to recognize and address the mental emotionally disturbed youth in the acute inpatient and residential health needs of children and general population. However, the psychiatric care, therapeutic group adolescents. Because of the over identification of needs and the delivery homes or foster care, and respite care. representation of minority youth in the of services to meet those needs pose Ongoing quality assurance measures juvenile justice system, the literature unique challenges for the juvenile should be incorporated. The successful review will also need to address the justice system. When designing and applicant will also need to address the issue of cultural sensitivity in providing selecting programs for youth, juvenile issue of cultural sensitivity in both services to this population. justice administrators must consider a assessment and treatment. Assessments Additionally, because of the different host of goals, including community and treatments that are not performed in needs of females in the juvenile justice safety, accountability, incapacitation, a culturally competent manner can system, the literature review should also and retribution. Some of these goals produce misdiagnoses and lead to address the issue of gender-specific may complicate or even conflict with ineffective service provision. services. the more traditional goals of mental The system should be designed with The applicant should provide a health and substance abuse service the ultimate goal of reintegrating report, suitable for publication as an delivery. For example, even if a youthful offenders into the community. OJJDP Bulletin, that synthesizes the juvenile’s mental health needs might be Successful reintegration will require relevant literature. Emphasis should be better served by a community-based that youth who leave the juvenile justice placed on any publications that can program, a judge may consider only system continue to receive any contribute to the development of a residential options because of the necessary services (e.g., mental health, service delivery model. Gaps in the severity of the youth’s offense. special education, vocational). existing literature should also be In addition, treatment decisions may Therefore, the model will need to identified. be inextricably linked to decisions about address the design of linkages between Task II: Survey of Mental Health Needs such weighty matters as diversion, the juvenile justice system and essential and Services incarceration, and juvenile transfer. It is aftercare components. An important also clear that processing by the juvenile aspect of these linkages is how sensitive Although many researchers have justice system can be a traumatizing information can be transferred in a speculated that youth in the juvenile experience in and of itself. Some youth manner that fosters continuity of care justice system are an under served with no previous history of mental while maintaining the youth’s right to population with a high level of need, health problems may experience anxiety confidentiality. In addition, meeting the few studies have provided hard data to and depressive symptoms severe goal of effective reintegration will support or contradict this contention. enough to require treatment as a result require high levels of family Linda Teplin in Chicago and Gail of detention or incarceration. involvement. Family support—or its Wasserman in New York are currently Although ‘‘the treatment needs of absence—contributes strongly to a studying this issue. However, their data youth do not become magically youth’s success or failure once he or she are limited to populations in large urban transformed when they walk through returns from incarceration. centers. Several States, including the courthouse door’’ (Melton and An applicant seeking funding under Colorado and Virginia, have gathered Pagliocca, 1992, p. 107), meeting those this initiative must address in the additional data during brief (1 week), needs will require changes in the ways application and be willing to undertake, intensive surveys, with the goal of that both mental health and juvenile at a minimum, the tasks described informing State policy and legislation. justice systems operate. Treatment and below. Specific tasks may be contracted For the purposes of this initiative, the sanctions will need to be combined into by the applicant to other agencies or applicant should be prepared to conduct a seamless system that provides both individuals, but only with the express three similar surveys in the support and accountability. True approval of OJJDP. An applicant that understudied areas of the South, interagency collaboration will be plans to use contractors in this manner Southwest, and rural Northwest. essential; these youth do not ‘‘belong’’ should (1) clearly spell out the terms of Surveys should be conducted within to one agency or another but are the the contract in the application and (2) some naturally occurring boundary such shared responsibility of juvenile justice, address the qualifications of the as a State, county, district, or parish. mental health, education, child welfare, contractor(s) selected to perform each Surveys should involve a variety of and any other institutions that serve the task. juvenile justice facilities within that needs of children. Both mental health boundary; at a minimum, a juvenile Task I: Literature Review and juvenile justice practitioners will detention center, a secure correctional require training and assistance to The applicant must review the facility, and a community-based understand and accept each other’s relevant literature from the fields of program. For each facility, the applicant views, goals, and practices. juvenile justice and mental health and will examine (1) the mental health With this initiative, OJJDP will any related fields such as substance status of youth in the facility, (2) the provide support to a grantee willing to abuse, criminology, sociology, etc. The mental health and related substance engage in far-reaching efforts to gather purpose of this review is to identify and abuse services available to these youth, empirical and theoretical information evaluate both research and theoretical and (3) the number of youth actually with the goal of developing an publications related to the mental health receiving these services. The applicant exemplary model of service delivery. needs of youth in the juvenile justice should also explore the continuity of The model ultimately created should system. Articles addressing the care provided. For example: Do youth encompass a wide variety of services, provision of mental health and related who receive psychological assessment including, but not limited to, the substance abuse services to this also receive treatment based on following: psychological and psychiatric population are especially pertinent. The identified needs? Do those receiving evaluation, psychotherapy, medication applicant may also want to consult therapy within the institution also have management, treatment planning, literature from the educational and written plans for aftercare? The intensive case management, home-based child welfare fields. Like juvenile applicant may also wish to examine

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However, Needs of Youth in Virginia’s Juvenile resources in innovative and effective any limitations on the model’s Detention Centers (U.S. Department of ways. adaptability should be identified. (For Justice, 1994), information contained in OJJDP recommends that the applicant example, the model may not be detention center records is often visit a combination of large and small applicable to very young offenders, i.e., ‘‘abysmally weak,’’ underestimating sites, preferably in several different those under 12 years old.) both the number of youth in need of areas of the country. It is possible that Applicants should consider the services as well as the number of youth some appropriate sites may be identified delivery of services at various key who have previously received services. through the literature review described points in the juvenile justice system, Therefore, in assessing a youth’s mental in Task I. Therefore, the applicant may including (but not necessarily limited health status, the applicant will want to choose to provide only a partial list of to) arrest, detention, adjudication, consider the use of structured sites in the initial application. If the disposition, secure corrections, interviews or self-administered applicant chooses this approach, it community placement, and probation. diagnostic inventories. Given financial should clearly specify the criteria that Applicants should outline the steps and time constraints, it is understood will be used to select additional sites. A necessary to implement the model, that in-depth psychiatric interviews or final list of sites should be submitted to giving some consideration to issues of psychological assessments may not be OJJDP for approval within 3 months of resource acquisition, development, and possible. For an example of a well- receipt of the grant award. maintenance; collaboration among constructed study of this nature, the In addition to the list of sites, the existing agencies, institutions, and applicant is encouraged to obtain a copy application should include a site visit programs; and the need for political protocol. The protocol should identify of the Virginia report from the National support. Applicants should present individuals who will be interviewed Criminal Justice Reference Service at possible strategies for sustaining the (e.g., agency directors, program 800–851–3420. model under changing political or For the purposes of the application, directors, key program staff, juvenile financial conditions. Relevant the applicant should identify and court judges, probation officers, family legislation that might promote or inhibit discuss the following: (1) Where the members, etc.) and the type of implementation of the model should be surveys will be conducted; (2) what information that will be obtained. cited. methods will be used to collect data Consideration should be given to tours (e.g., self-report inventories, interviews, of facilities and collection of written The model ideally will involve a high record reviews); and (3) what program materials. Areas which should degree of coordination and integration, information will be obtained. Copies of be explored include, but are not limited so that the needs of youth are all instruments or recording forms that to, history of the program; legislation appropriately met as they move through will be used to collect data should be that has positively or adversely affected the different levels of the juvenile included in the application. The the program; interdisciplinary barriers justice system. In order to accomplish applicant should justify the selection of that were identified and overcome; this goal, it may be necessary for particular sites and the choice of program goals and objectives; program sensitive information to be shared instruments. If the applicant decides to structure, components, and operations; among various service providers. The create its own instruments for the site program implementation; characteristics applicant should address how visits, a detailed description of the of youth (and families) served by the confidentiality will be appropriately instrument development process should program; costs and funding sources; maintained throughout this process. be included. information-sharing protocols; One traditional way of coordinating care The applicant should also be prepared management information system (MIS) is to assign an intensive case manager to document the research results in a support; quality assurance measures; who will follow the youth throughout report suitable for publication as an outcome data; barriers to full and his or her time in the juvenile justice OJJDP Bulletin. effective implementation; keys to system. However, there may be other, equally effective ways of accomplishing Task III: Identification of Best Practices program success; and future planning efforts. the same purpose, and applicants are The applicant should be prepared to The purpose of these site visits is to encouraged to think creatively. make between six and nine site visits to identify extant models for delivering It should be kept in mind that the localities that are focusing their efforts mental health and related substance ultimate goal of providing services is to on meeting the mental health needs of abuse services to youth in the juvenile reintegrate the youth back into the youth in the juvenile justice system. justice system. The applicant should community and ensure that he or she Locations might include CMHS provide a report of the site visit results, becomes a healthy, productive, and Comprehensive Community Mental highlighting the strengths and successful member of society. Therefore, Health Services for Children and Their weaknesses of the service systems the model should address how Families Program sites such as reviewed. continuity will be maintained between ‘‘WrapAround Milwaukee’’, which The applicant should also be prepared services provided within the juvenile incorporates delinquent youth into its to document the site visit results in a justice system and those provided once system of care. Alternatively, the report suitable for publication as an a youth is no longer involved with the applicant could visit one of the three OJJDP Bulletin. system. In linking services within and juvenile sites under the Center for outside the juvenile justice system, it Substance Abuse Treatment’s Criminal Task IV: Model Development will also be important to consider how Justice Treatment Networks, a program Using the information gathered during the confidentiality of the youth and which seeks to forge a seamless system Tasks I, II, and III, the applicant will family can be maintained without

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Design elements should convene a panel of relevant subject submitting their results for publication follow directly from the project’s goals matter experts to review and evaluate in refereed journals. and objectives. Applicants should the model. The applicant should address the requirements of the Eligibility Requirements include a proposed list of experts in the solicitation, particularly Tasks I through application. In addition to subject OJJDP invites applications from V as described under ‘‘Program matter experts, the panel should include public or private agencies or Strategy.’’ Applicants should also at least one youth who has been organizations with a demonstrated describe how the work undertaken in involved in the juvenile justice system capacity to carry out the requirements of the various tasks fits together and and family members of youth in the this initiative. Private, for-profit contributes to the overall goals of the juvenile justice system. If possible, ´ ´ organizations must agree to waive any project. resumes of agreement from the proposed profit or fee. The organization must Where data collection is anticipated, panelists should be included in an have demonstrated experience in the applicant should describe in detail appendix. All panel members must be conducting extensive literature reviews, the research strategy, demonstrating approved by OJJDP, and the agency may conducting in-depth sample surveys of adequate understanding of reliability recommend additional panel members juvenile or criminal justice offenders and validity issues. at the time of the grant award. The and facilities, carrying out research and Project Implementation Plan (20 points) applicant will need to include in the program development, and writing budget the costs associated with reports. Funding will not be provided at The application must include a convening the expert panel. this stage for demonstration sites or for detailed time/task outline that indicates Based on the recommendations of the sites whose primary function is the when specific tasks will be initiated and expert panel, the applicant will revise provision of mental health and completed. This time line must include, the model as necessary. The final substance abuse services. In the case of at a minimum, significant milestones in version of the model will be presented joint applications, one applicant must the project and product due dates. The in a report suitable for OJJDP be clearly indicated as primary (for time line should be referenced as publication. correspondence and award purposes) appropriate in the narrative but should Products and the other(s) listed as coapplicants. also be placed in appendix A of the If contractors will be used for specific application. The grantee will produce the project tasks, evidence of their following deliverables, as described in Project Management (15 points) qualifications and willingness to Tasks I, II, III, and V, above, all of which undertake the specified task(s) should Applicants must demonstrate the must be suitable for publication by be provided. existence of a management structure OJJDP: that will support the achievement of the • A report that synthesizes the Selection Criteria relevant literature from the fields of project’s goals and objectives in an juvenile justice and mental health and Applications will be evaluated and efficient and cost-effective manner. In any related fields such as substance rated by a peer review panel according particular, applicants must ensure that abuse, criminology, sociology, etc. (Task to the criteria outlined below. In the tasks delineated in the project time I) addition, the extent to which the project line (see ‘‘Project Implementation,’’ • A report that documents the results narrative makes clear and logical above) are adequately staffed. of the surveys described in Task II. In connections among the components Applicants must also demonstrate that addition, this report should compare the listed below will be considered in staff members have sufficient data obtained from this project with assessing a project’s merits. substantive expertise and technical experience to perform the tasks similar data reported in the literature. Problem(s) To Be Addressed (10 points) associated with the project. (Task II) ´ ´ • A report that documents the results Applicants must include in the Resumes for key staff members, of the site visits described in Task III. project narrative a clear description of including any contractors, should be This report should highlight the the problem(s) to be addressed by the included in appendix B. development of a comprehensive model strengths and weaknesses of the service Organizational Capability (15 points) systems visited. (Task III) for mental health service delivery • A report that describes in detail the within the juvenile justice system. Applicants should also demonstrate comprehensive model for delivery of Applicants should provide a discussion the organizational capacity to complete mental health and substance abuse of any previous or current efforts in this the work described in the ‘‘Project services to youth in the juvenile justice area and any relevant research. Design’’ section. The applicant should include a description of any similar system. This report should also describe Goals and Objectives (10 points) how the work of Tasks I through V projects it has undertaken previously. contributed to the development of the The application must include goals Applicants should also demonstrate model. In addition, any and objectives that are clear, concrete, knowledge and experience related to recommendations or concerns regarding and relevant to the field of juvenile juvenile justice and mental health the implementation of the model should justice. Goals should derive directly issues. In addition, applicants should be clearly spelled out. from the problems to be addressed. provide evidence of their ability to work The application should contain a Objectives should consist of clearly collaboratively with juvenile justice description of all products that will defined, measurable tasks that will system practitioners and service

VerDate 272000 18:11 Feb 08, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\09FEN2.SGM pfrm01 PsN: 09FEN2 Federal Register / Vol. 65, No. 27 / Wednesday, February 9, 2000 / Notices 6517 providers, ideally in the context of application fails to conform to these 20850; 301–519–5535. Note: In the research investigations. Any applicable standards, it will be rejected without lower left-hand corner of the envelope, letters of cooperation or support should further review. the applicant must clearly write be included in appendix C. ‘‘Mental Health and Juvenile Justice: Catalog of Federal Domestic Assistance Building a Model for Service Delivery.’’ Budget (10 points) (CFDA) Number Applicants must provide a proposed The CFDA number, required on Standard Due Date budget that is complete, detailed, Form 424, ‘‘Application for Federal Applicants are responsible for reasonable, allowable, and cost-effective Assistance,’’ is 16.542. Standard Form 424 is included in OJJDP’s Application Kit, which ensuring that the original and five in relation to the activities to be copies of the application package are undertaken. All budgeted costs should can be obtained by contacting the Juvenile Justice Clearinghouse at 800–638–8736 or received by 5 p.m. ET on April 10, 2000. be directly related to the achievement of sending an e-mail request to project goals and objectives. A brief [email protected]. The Application Kit is Contact budget narrative should be included in also available online at www.ojjdp.ncjrs.org/ For further information, call Karen this section. grants/about.html#kit. Stern, Program Manager, Research and Award Period Coordination of Federal Efforts Program Development Division, 202– 514–9395 or send an e-mail inquiry to The project period and budget period To encourage better coordination [email protected]. Alternatively, will be 18 months. among Federal agencies in addressing State and local needs, the U.S. you may contact Douglas Dodge, Senior Award Amount Department of Justice is requesting Policy Advisor, 202–616–3652, or send Up to $1 million is available for an applicants to provide information on the an e-mail inquiry to 18-month award to one grantee to following: (1) Active Federal grant [email protected]. develop a model of mental health awards supporting this project or related References service delivery for youth in the efforts, including other awards from the Cocozza, J. J., ed. 1992. Responding to the juvenile justice system. The applicant Department of Justice; (2) any pending Mental Health Needs of Youth in the Juvenile selected for this award will not be applications for Federal funds for this or Justice System. Seattle, WA: The National eligible to compete for any subsequent related efforts; and (3) plans for Coalition for the Mentally Ill in the Criminal demonstration and evaluation grants coordinating any funds described in Justice System. associated with implementation of the items (1) and (2) with the funding Melton, G.B., and Pagliocca, P.M. 1992. model. requested in this application. For each Treatment in the juvenile justice system: Directions for policy and practice. In Format Federal award, applicants must include Responding to the Mental Health Needs of the program or project title, the Federal Youth in the Juvenile Justice System, edited Applicants must submit a program granting agency, the amount of the narrative of no more than 30 pages. This by J.J. Cocozza. Seattle, WA: The National award, and a brief description of its Coalition for the Mentally Ill in the Criminal page limit does not include the abstract, purpose. Justice System. budget narrative, appendixes, ‘‘Related efforts’’ is defined for these Neighbors, B., Kempton, T., Forehand, R. application forms, or assurances. purposes as one of the following: 1992. Co-Occurrence of substance abuse with Appendix A should contain the • Efforts for the same purpose (i.e., conduct, anxiety and depression disorders in project’s time line with dates for the proposed project would supplement, juvenile delinquents. Addictive Behaviors initiation and completion of critical expand, complement, or continue 17:379–386. project tasks. Appendix B should activities funded with other Federal Office of Juvenile Justice and Delinquency ´ ´ Prevention. 1998. Census of Juveniles in contain the resumes for the principal grants). investigator and key staff members. • Residential Placement 1997. Washington, Another phase or component of the DC: U.S. Department of Justice, Office of Appendix C should include all same program or project (e.g., to Justice Programs, Office of Juvenile Justice necessary letters of cooperation or implement a planning effort funded by and Delinquency Prevention. support. other Federal monies or to provide a Office of Juvenile Justice and Delinquency The narrative portion of the substance abuse treatment or Prevention. 1999. OJJDP Annual Report application must be submitted on 81⁄2- educational component within an [1998]. Washington, DC: U.S. Department of by 11-inch paper using a standard 12- existing juvenile justice project). Justice, Office of Justice Programs, Office of point font. The application should be • Services of some kind (e.g., Juvenile Justice and Delinquency Prevention. double spaced and printed on one side technical assistance, research, or Report of the Policy Design Team. 1994. Mental Health Needs of Youth in Virginia’s of the paper only. Single-spaced (or 11⁄2- evaluation) to the program or project Juvenile Detention Centers. Washington, DC: spaced) applications will not be described in the application. U.S. Department of Justice, Office of Justice accepted. Margins should be at least 1 Programs, National Institute of Justice. inch on the top, bottom, and sides of Delivery Instructions each page. The narrative should be All application packages should be Dated: February 2, 2000. preceded by an abstract with a mailed or delivered to the Office of Shay Bilchik, maximum length of 400 words. Juvenile Justice and Delinquency Administrator, Office of Juvenile Justice and These requirements are necessary to Prevention, c/o Juvenile Justice Delinquency Prevention. maintain a fair and uniform set of Resource Center, 2277 Research [FR Doc. 00–2927 Filed 2–8–00; 8:45 am] standards among all applicants. If the Boulevard, Mail Stop 2K, Rockville, MD BILLING CODE 4410±19±P

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Part V

Department of Education Office of Educational Research and Improvement; Jacob K. Javits Gifted and Talented Students Education Program; Notice Inviting Applications for New Awards for Fiscal Years 2000 and 2001

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DEPARTMENT OF EDUCATION Project Period: 36 months. Please note Projects that establish and operate that all applicants for multi-year awards model programs to serve gifted and [CFDA No. 206A] are required to provide detailed budget talented students in schools in which at Office of Educational Research and information for the total project period least 50 percent of the students enrolled Improvement, Jacob K. Javits Gifted requested. The Department will are from low-income families. Projects and Talented Students Education negotiate at the time of the initial award must include students who may not be Program; Notice Inviting Applications the funding levels for each year of the served by traditional gifted and talented for New Awards for Fiscal Years 2000 grant award. programs, including economically and 2001 Page Limit: The application narrative disadvantaged students, limited English is where you, the applicant, address the proficient students, and students with Purpose of Program: To provide selection criteria reviewers use to disabilities. The projects must grants to help build a nationwide evaluate your application. You must incorporate high-level content and capability in elementary and secondary limit the narrative to the equivalent of performance standards in one or more of schools to identify and meet the special no more than 25 pages, using the the core subject areas as well as utilize educational needs of gifted and talented following standards: innovative teaching strategies. students; to encourage the development • A page is 8.5″ × 11″, on one side The projects must provide of rich and challenging curricula for all only, with 1″ margins at the top, bottom, comprehensive ongoing professional students; and to supplement and make and both sides. development opportunities for staff. The more effective the expenditures of State • Double space all text in the projects must incorporate training for and local funds for the education of application narrative, including titles, parents in ways to support their gifted and talented students. headings, footnotes, quotations, For fiscal years (FY) 2000 and 2001 children’s educational progress. There references, and captions, as well as all the competition for new awards focuses must also be comprehensive evaluation text in charts, tables, figures, and on projects designed to meet the of the projects’ activities. graphs. priorities we describe in the • Use a font that is either 12-point or Competitive Preference Priority— PRIORITIES section of this application larger or no smaller than 10 pitch Empowerment Zone or Enterprise notice. Community Eligible Applicants: State educational (characters per inch.). agencies; local educational agencies; The page limit does not apply to the Under 34 CFR 75.105(c)(2)(i), we give institutions of higher education; and cover sheet, the budget section, preference and award five (5) points to other public and private agencies and including the narrative budget an application that meets this organizations, including Indian tribes justification, the assurances and competitive priority. and organizations—as defined by the certifications; the one page abstract, the Projects that implement model Indian Self-Determination and resumes, the bibliography, or the letters programs in one or more schools in an Education Assistance Act—and Native of support. However, you must include Empowerment Zone or Enterprise Hawaiian organizations. all of the application narrative in one Community or that primarily serve Applications Available: March 13, section. students who reside in the EZ or EC. 2000. If, to meet the page limit, you use Applicants must ensure that the Deadline for Receipt of Applications: more than one side of the page, you use proposed program relates to the strategic April 24, 2000. a larger page, or you use a print size, plan and will be an integral part of the Note: We must receive all applications on spacing, or margins smaller than the Empowerment Zone or Enterprise or before this date. This requirement takes standards in this notice, we will reject Community program. exception to the Education Department your application. General Administrative Regulations Applicable Regulations: (a) The For Applications and Further (EDGAR), 34 CFR 75.102. Under the Education Department General Information Contact: Kelley Berry or Liz Administrative Procedure Act (5 U.S.C.) 553), Administrative Regulations (EDGAR) in Barnes, U.S. Department of Education, the Department generally offers interested 555 New Jersey Avenue, NW., room 502, parties the opportunity to comment on 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 85, and 86; and (b) The regulations in Washington, DC 20208–5645. Facsimile proposed regulations. However, this machine: (202) 219–2053. Telephone: exception to EDGAR makes procedural 34 CFR parts 299 and 700. (202) 219–2096 or (202) 219–2210, changes only and does not establish new Supplementary Information: It is the respectively. If you use a substantive policy. Therefore, under 5 U.S.C. Department’s intent to fund two cycles telecommunications device for the deaf 553(b)(A), the Assistant Secretary for of awards from this competition. The Educational Research and Improvement has (TDD), you may call the Federal first cycle of awards will be made from determined that proposed rulemaking is not Information Relay Service (FIRS) at 1– FY 2000 funds. If applications of high required. 800–877–8339. Deadline for Intergovernmental quality remain unfunded, additional awards will be made in the second cycle Individuals with disabilities may Review: June 23, 2000. obtain this document in an alternative Estimated Available Funds: in 2001, pending availability of FY 2001 funds. format (e.g., Braille, large print, $1,000,000. audiotape, or computer diskette) on Estimated Range of Awards: Priorities: This competition focuses request to either of the program contact $100,000–$215,000. on projects designed to meet the Estimated Average Size of Awards: priorities in the notice of final priorities persons listed under For Applications $166,000. for this program, published in the and Further Information Contact. Maximum Award: We will reject any Federal Register on April 24, 1996 (61 Individuals with disabilities may application that proposes a budget FR 18214) and repeated in this notice. obtain a copy of the application package in an alternative format by contacting exceeding $215,000 for a single budget Absolute Priority—Model Programs period of 12 months. either person. However, the Department Estimated Number of Awards: 6. Under 34 CFR 75.105(c)(3) we is not able to reproduce in an alternative Note: The Department is not bound by any consider only applications that meet format the standard forms included in estimates in this notice. this absolute priority. the application package.

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Electronic Access to This Document Search, which is available free at either Access at: http://www.access.gpo.gov/nara/ You may view this document, as well of the previous sites. If you have index.html as all other Department of Education questions about using the PDF, call the Program Authority: 20 U.S.C. 8031–8036. documents published in the Federal U.S. Government Printing Office (GP0), Register, in text or Adobe Portable toll free at 1–888–293–6498; or in the Dated: February 4, 2000. Document Format (PDF) on the Internet Washington, DC area at (202) 512–1530. C. Kent McGuire, at either of the following sites: Note. The official version of this document Assistant Secretary for Educational Research http://ocfo.ed/gov/fedreg.htm is the document published in the Federal and Improvement. http://www.ed.gov/news.html Register. Free Internet access to the official [FR Doc. 00–2947 Filed 2–8–00; 8:45 am] To use the PDF you must have the edition of the Federal Register and the Code BILLING CODE 4000±01±P Adobe Acrobat Reader Program with of Federal Regulations is available on GPO

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Reader Aids Federal Register Vol. 65, No. 27 Wednesday, February 9, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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 4755, 4757, 4760, 4761, 3 CFR 4870, 5222, 5228, 5229, Presidential Documents Proclamations: 5235, 5238, 5241, 5243, Executive orders and proclamations 523±5227 7270...... 5217 5419, 5421, 5422, 5425, The United States Government Manual 523±5227 7271...... 5219 5427, 5428, 5739, 5741, Administrative Orders: 5743, 5745, 5746, 5749, Directive of January Other Services 5752, 5754, 5757, 5759, 31, 2000 ...... 5727 5761, 6444 Electronic and on-line services (voice) 523±4534 Directive of January 71 ...... 4871, 4872, 4873, 4874, Privacy Act Compilation 523±3187 31, 2000 ...... 5727 5762, 5763, 5764, 5765, Public Laws Update Service (numbers, dates, etc.) 523±6641 Presidential Determination: 5767, 5768, 5769, 5770, TTY for the deaf-and-hard-of-hearing 523±5229 No. 2000±10 of 5999, 6000, 6320 January 31, 2000 ...... 5407 91...... 5396, 5936 93...... 5396 ELECTRONIC RESEARCH 5 CFR 97 ...... 4875, 4877, 4879, 6321, World Wide Web 581...... 4753 6324 582...... 4753 121...... 5396 Full text of the daily Federal Register, CFR and other 1201...... 5409 135...... 5396 publications: 1208...... 5410 200...... 6446 http://www.access.gpo.gov/nara Proposed Rules: 211...... 6446 Federal Register information and research tools, including Public 630...... 6339 213...... 6446 Inspection List, indexes, and links to GPO Access: 216...... 6446 7 CFR 291...... 6446 http://www.nara.gov/fedreg 1...... 5414 300...... 6446 E-mail 301...... 4865, 5221 302...... 6446 905...... 5733 303...... 6446 PENS (Public Law Electronic Notification Service) is an E-mail 916...... 6305 305...... 6446 service for notification of recently enacted Public Laws. To 917...... 6305 377...... 6446 subscribe, send E-mail to 944...... 5733 385...... 6446 [email protected] 955...... 5736 399...... 6446 981...... 4867 with the text message: Proposed Rules: 985...... 6308 21...... 5224 subscribe PUBLAWS-L your name 3418...... 5993 25...... 5024 Use [email protected] only to subscribe or unsubscribe to Proposed Rules: 39...... 4781, PENS. We cannot respond to specific inquiries. 54...... 4780 4782, 4784, 4786, 4788, 245...... 5791 4790, 4792, 4793, 4897, Reference questions. Send questions and comments about the 4900, 4902, 4904, 4906, Federal Register system to: 457...... 6033 718...... 5444 5453, 5455, 5456, 5459, 6046 [email protected] 989...... 6341 71 ...... 4910, 4911, 5804 91...... 5024 The Federal Register staff cannot interpret specific documents or 9 CFR regulations. 108...... 4912 1...... 6312 109...... 4912 77...... 5998 111...... 4912 FEDERAL REGISTER PAGES AND DATE, FEBRUARY Proposed Rules: 121...... 4912 125...... 5024 4753±4864...... 1 94...... 6040 129...... 4912 4865±5218...... 2 10 CFR 191...... 4912 5219±5406...... 3 708...... 6314 5407±5732...... 4 17 CFR Proposed Rules: 232...... 6444 5733±5992...... 7 50...... 6044 5993±6304...... 8 18 CFR 12 CFR 6305±6522...... 9 Proposed Rules: 272...... 6319 270...... 6048 936...... 5738 375...... 6048 960...... 5418 381...... 6048 Proposed Rules: 382...... 5289 Ch. I ...... 4895 19 CFR 611...... 5286 951...... 5447 132...... 5430 997...... 5447 163...... 5430 Proposed Rules: 14 CFR 12...... 6062 39...... 4754, 113...... 6062

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21 CFR Proposed Rules: Proposed Rules: 110...... 6111 2560...... 6259 876...... 4881 694...... 5844 111...... 6111 1308...... 5024 36 CFR 44 CFR 47 CFR Proposed Rules: Proposed Rules: 65 ...... 6014, 6018, 6023, 6025 1310...... 4913 217...... 5462 67 28, 6031 Ch. I ...... 5267 1...... 4891 23 CFR 219...... 5462 Proposed Rules: 242...... 5196 67...... 6103, 6105 Proposed Rules: Proposed Rules: 1234...... 5295 1...... 6113 645...... 6344 45 CFR 73 ...... 4798, 4799, 4923 38 CFR 24 CFR 1303...... 4764 76...... 4927 21...... 5785 95...... 4935 206...... 5406 Proposed Rules: Proposed Rules: 96...... 5471 26 CFR 21...... 4914 48 CFR 46 CFR 203...... 4864 1 ...... 5432, 5772, 5775, 5777, 39 CFR 6001 2...... 6494 209...... 4864 30...... 6494 35...... 6001 111...... 4864, 5789 225...... 4864 31...... 6494 602 ...... 5775, 5777, 6001 Proposed Rules: 249...... 4864 52...... 6494 Proposed Rules: 111...... 4918 2432...... 6444 61...... 6494 9903...... 5990 1 ...... 5805, 5807, 6065, 6090 40 CFR 71...... 6494 602...... 5807 Proposed Rules: 52 ...... 4887, 5245, 5252, 5259, 90...... 6494 30...... 4940 27 CFR 5262, 5264, 5433, 6327 91...... 6494 98...... 6494 Proposed Rules: 62...... 6008 49 CFR 300...... 5435 107...... 6494 9...... 5828 195...... 4770 761...... 5442 110...... 6494 571...... 6327 29 CFR Proposed Rules: 114...... 6494 52 ...... 5296, 5297, 5298, 5462, 115...... 6494 Proposed Rules: Proposed Rules: 567...... 5847 5463, 6091 125...... 6494 1910...... 4795 568...... 5847 62...... 6102 126...... 6494 30 CFR 132...... 6494 130...... 4919 50 CFR 938...... 4882 300...... 5465, 5844 133...... 6494 946...... 5782 134...... 6494 17 ...... 4770, 52680, 6332 42 CFR 167...... 6494 18...... 52750 33 CFR 412...... 5933 169...... 6494 679 .....4891, 4892, 4893, 5278, 117 ...... 5785, 6325, 6326 413...... 5933 175...... 6494 5283, 5284, 5285, 5442 Proposed Rules: 483...... 5933 176...... 6494 Proposed Rules: 100...... 5833 485...... 5933 188...... 6494 17 ...... 4940, 5298, 5474, 5848, 110...... 5833 Proposed Rules: 189...... 6494 5946, 6114 165...... 5833 36...... 4797 195...... 6494 100...... 5196 199...... 6494 622...... 5299 34 CFR 43 CFR Proposed Rules: 648...... 4941, 5486 676...... 4886 11...... 6012 15...... 6350 660...... 6351

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REMINDERS Massachusetts; published 2- Telecommunication loans: comments due by 2-14- The items in this list were 9-00 Guaranteed and insured 00; published 12-16-99 editorially compiled as an aid TRANSPORTATION loans; post-loan policies Florida; comments due by to Federal Register users. DEPARTMENT and procedures; 2-18-00; published 1-19- Inclusion or exclusion from Federal Aviation comments due by 2-14- 00 this list has no legal Administration 00; published 12-15-99 Georgia; comments due by significance. Airworthiness directives: COMMERCE DEPARTMENT 2-14-00; published 12-16- 99 Airbus; published 1-25-00 National Oceanic and RULES GOING INTO Atmospheric Administration Illinois; comments due by 2- 14-00; published 12-16-99 EFFECT FEBRUARY 9, Endangered and threatened COMMENTS DUE NEXT species: Indiana; comments due by 2000 WEEK Gulf of Maine anadromous 2-14-00; published 12-16- 99 AGRICULTURE Atlantic salmon; DEPARTMENT AGRICULTURE comments due by 2-15- Maryland; comments due by Agricultural Marketing DEPARTMENT 00; published 11-17-99 2-14-00; published 12-16- 99 Service Food and Nutrition Service Fishery conservation and Peanuts, domestically Food stamp program: management: Massachusetts; comments due by 2-14-00; published produced and imported; Personal Responsibility and Alaska; fisheries of 12-16-99 published 1-10-00 Work Opportunity Exclusive Economic AGRICULTURE Reconcilation Act; ZoneÐ New Jersey; comments due by 2-14-00; published 12- DEPARTMENT implementationÐ Pollock; comments due by 16-99 Animal and Plant Health Personal responsibility 2-14-00; published 12- Inspection Service provisions; comments 29-99 New York; comments due Exportation and importation of due by 2-15-00; by 2-14-00; published 12- Pollock; comments due by 16-99 animals and animal published 12-17-99 2-17-00; published 2-2- Pennsylvania; comments products: AGRICULTURE 00 due by 2-14-00; published Pork and pork products; DEPARTMENT Atlantic highly migratory importation; published 1- 12-16-99 Farm Service Agency speciesÐ 10-00 Tennessee; comments due Program regulations: Pelagic longline AGRICULTURE by 2-18-00; published 1- Section 502 Guaranteed management; comments 19-00 DEPARTMENT due by 2-14-00; Rural Housing Program; Texas; comments due by 2- Import quotas and fees: published 12-15-99 administration; comments 14-00; published 12-16-99 Dairy tariff-rate quota Caribbean, Gulf, and South due by 2-14-00; published Wisconsin; comments due licensing; published 1-10- Atlantic fisheriesÐ 00 12-15-99 by 2-14-00; published 12- AGRICULTURE Gulf of Mexico reef fish; 16-99 ENVIRONMENTAL comments due by 2-15- DEPARTMENT Air quality implementation PROTECTION AGENCY 00; published 12-17-99 Air programs; State authority Rural Business-Cooperative plans; √A√approval and delegations: Service ENERGY DEPARTMENT promulgation; various Wyoming; published 1-10-00 Program regulations: Nuclear waste repositories: States; air quality planning FEDERAL Section 502 Guaranteed Yucca Mountain Site, NV; purposes; designation of COMMUNICATIONS Rural Housing Program; suitability guidelines areas: COMMISSION administration; comments Hearings; comments due Indiana; comments due by Common carrier services: due by 2-14-00; published by 2-14-00; published 2-18-00; published 1-19- InterconnectionÐ 12-15-99 12-15-99 00 Wireline services offering Rural Economic Development ENERGY DEPARTMENT Hazardous waste program authorizations: advanced Loan and Grant Program; Energy Efficiency and North Dakota; comments telecommunications comments due by 2-14-00; Renewable Energy Office capability; deployment; published 12-15-99 due by 2-18-00; published Consumer products; energy published 1-10-00 1-19-00 AGRICULTURE conservation program: Television broadcasting: DEPARTMENT Hazardous waste: Dishwashers; test Cable Television Consumer Cement kiln dust; Rural Housing Service procedures; comments Protection and management standards; Program regulations: due by 2-14-00; published Competition Act of 1992Ð comments due by 2-17- 1-13-00 Horizontal ownership Section 502 Guaranteed 00; published 10-28-99 Rural Housing Program; limts; published 12-1-99 ENVIRONMENTAL Identification and listingÐ administration; comments Telecommunications Act PROTECTION AGENCY due by 2-14-00; published Mixture and derived-from of 1996; Cable Act Air quality implementation 12-15-99 rules; treatment, storage reform provision; cable plans; approval and or disposal; comments attribution rules review; AGRICULTURE promulgation; various due by 2-17-00; published 12-1-99 DEPARTMENT States: published 11-19-99 FEDERAL RESERVE Rural Utilities Service California; comments due by Mixed waste; storage, SYSTEM Program regulations: 2-18-00; published 1-19- treatment, transportation, Procedure rules: Section 502 Guaranteed 00 and disposal; comments Federal Open Market Rural Housing Program; Connecticut; comments due due by 2-17-00; published Committee; technical administration; comments by 2-14-00; published 12- 11-19-99 amendment; published 2- due by 2-14-00; published 16-99 Pesticides; tolerances in food, 9-00 12-15-99 Delaware; comments due by animal feeds, and raw TRANSPORTATION Rural Economic Development 2-14-00; published 12-16- agricultural commodities: DEPARTMENT Loan and Grant Program; 99 Metsulfuron methyl; Coast Guard comments due by 2-14-00; District of Columbia, comments due by 2-14- Drawbridge operations: published 12-15-99 Maryland, and Virginia; 00; published 12-16-99

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Superfund program: Spikedace and loach SECURITIES AND TRANSPORTATION National oil and hazardous minnow; comments due EXCHANGE COMMISSION DEPARTMENT substances contingency by 2-14-00; published Regulatory Flexibility Act: Federal Railroad planÐ 1-12-00 Rules to be reviewed; list; Administration National priorities list Gulf of Maine anadromous comments due by 2-15- Railroad safety enforcement update; comments due Atlantic salmon; 00; published 1-21-00 comments due by 2-15- procedures: by 2-18-00; published TRANSPORTATION 00; published 11-17-99 1-19-00 DEPARTMENT Light rail transit operations on general railroad National priorities list INTERIOR DEPARTMENT Coast Guard update; comments due system; safety jurisdiction; Surface Mining Reclamation Merchant marine officers and by 2-18-00; published joint agency policy and Enforcement Office seamen: 1-19-00 statement with Federal Permanent program and Licensing and manning for National priorities list Transit Administration; abandoned mine land officers of towing vehicles; update; comments due comments due by 2-14- reclamation plan comments due by 2-17- by 2-18-00; published 00; published 1-12-00 submissions: 00; published 11-19-99 1-19-00 Utah; comments due by 2- TRANSPORTATION Ports and waterways safety: National priorities list 14-00; published 1-14-00 DEPARTMENT Puget Sound, WA; vessel update; comments due LABOR DEPARTMENT National Highway Traffic by 2-18-00; published traffic service; radio Pension and Welfare Safety Administration 1-19-00 frequencies; comments Benefits Administration due by 2-14-00; published Motor vehicle safety GENERAL SERVICES Group health plans; access, 12-14-99 standards: ADMINISTRATION portability, and renewability TRANSPORTATION Federal Acquisition Regulation Interior trunk releases; requirements: DEPARTMENT (FAR): comments due by 2-15- National Medical Support Federal Aviation 00; published 12-17-99 Multiple-award contracts Notice; child support Administration competition; comments orders; health care TREASURY DEPARTMENT Airworthiness directives: due by 2-14-00; published coverage provisions; Comptroller of the Currency 12-15-99 comments due by 2-14- Agusta S.p.A.; comments Corporate activities: HEALTH AND HUMAN 00; published 11-15-99 due by 2-18-00; published 12-20-99 SERVICES DEPARTMENT NATIONAL AERONAUTICS National banks; financial Food and Drug AND SPACE Bell; comments due by 2- subsidiaries and operating Administration ADMINISTRATION 14-00; published 12-16-99 subsidiaries; comments Food for human consumption: Acquisition regulations: Boeing; comments due by due by 2-14-00; published 2-14-00; published 12-29- 1-20-00 Food labelingÐ Elements; elimination as 99 Trans fatty acids in category in evaluation; TREASURY DEPARTMENT Bombardier; comments due nutrition labeling, comments due by 2-14- by 2-14-00; published 1- Internal Revenue Service nutrient content claims, 00; published 12-16-99 14-00 and health claims; Federal Acquisition Regulation Estate and gift taxes: comments due by 2-15- (FAR): Cessna; comments due by Generation-skipping transfer 2-14-00; published 12-29- 00; published 11-17-99 Multiple-award contracts tax issues; comments due 99 HEALTH AND HUMAN competition; comments by 2-16-00; published 11- SERVICES DEPARTMENT due by 2-14-00; published Fokker; comments due by 18-99 12-15-99 2-14-00; published 1-14- Health plans, health care 00 clearinghouses, and health NORTHEAST DAIRY care providers: COMPACT COMMISSION Learjet; comments due by LIST OF PUBLIC LAWS 2-14-00; published 12-29- Administrative data Over-order price regulations: 99 standards and related Note: The List of Public Laws Technical amendments; McDonnell Douglas; requirementsÐ hearing; comments due for the first session of the comments due by 2-18- 106th Congress has been Individually identifiable by 2-16-00; published 1- 00; published 12-20-99 health information; 12-00 completed and will resume privacy standards; New Piper Aircraft, Inc.; when bills are enacted into NUCLEAR REGULATORY comments due by 2-17- law during the second session comments due by 2-17- COMMISSION 00; published 12-15-99 00; published 12-14-99 of the 106th Congress, which Production and utilization Transport airplanes convenes on January 24, INTERIOR DEPARTMENT facilities; domestic licensing: equipped with Mode ``C'' 2000. Fish and Wildlife Service Antitrust review authority; transponder(s) with single Endangered and threatened clarification; comments Gillham code altitude A Cumulative List of Public species: due by 2-15-00; published input; comments due by Laws for the first session of Cowhead Lake tui chub; 1-21-00 2-14-00; published 12-16- the 106th Congress will be comments due by 2-16- Rulemaking petitions: 99 published in the Federal 00; published 2-2-00 Quigley, Barry; comments Class E airspace; comments Register on December 30, Critical habitat due by 2-14-00; published due by 2-16-00; published 1999. designationsÐ 12-1-99 1-12-00 Last List December 21, 1999

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